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I agree with others there is a chance it would get thrown out if he can prove the cop had no basis for pulling him over, assuming the laws in CA that allow the police to look under your hood doesn't also allow them to do random spot checks of same. The level of tint on the back window could possibly be enough to pull you over, even if the cop didn't say that. I don't believe (but could be wrong) they are required to tell you why they pulled you over, at least not initially. The policeman could pull you over, ask for license and registration, write you a ticket, hand it to you, and explain what you are being ticketed for. The cop could just say/justify his comment about the car was meant to be a compliment but was taken wrongly by the driver. (FULL DISCLOSURE: I have a father-in-law who was an MP, and a brother-in-law who is a retired cop, as well as a son interested in law enforcement. None of them are "jerks" just like not all people that drive sports cars are racers) |
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Doesnt matter if its catted or not. We dont have any CARB legal headers for our car that I know of so any kind of aftermarket header would have been written up.
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Good luck with the ticket. Be happy the officer didn't give you a referee ticket and just pay the small fix-it fines. If you try and fight it you'll probably lose and they'll be pulling you over and giving you a referee ticket for now on. |
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Bigger question is, what is an Airport cop doing mod inspections on cars passing by? |
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I didn't force anyone to read this thread. |
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Now WHAT is considered probable cause to "suspect one of commission of a crime" is definitely open for debate. |
[quote=Pneub;2110846]It's not a violation of the constitution to detain somebody for having an illegally modified vehicle.[quote]
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[ame="http://www.amazon.com/Telescoping-Dual-LED-Inspection-Mirror-Stainless/dp/B005U5VI7E"]Telescoping Dual-LED Inspection Mirror - 2" Real Glass - Extends to 34" - Stainless Steel Shaft - Textured Soft-Grip: Machine Tool Inspection Mirrors: Amazon.com: Industrial & Scientific[/ame] |
[quote=YouShallKnow;2110867][quote=Pneub;2110846]It's not a violation of the constitution to detain somebody for having an illegally modified vehicle.
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I don't think he's close enough to being illegally lowered to justify a stop on those grounds though. But if the cop testified that he literally pulled him over because he looks like a race car, that's not reasonable suspicion. |
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If he said any of those things I would understand, but that's why I said: we were in traffic(barely noticeable exhaust note), my windows were rolled all the way down, and I'm not even close to being too low. I just want to know for next time, if the cop has no justifiable cause to inspect my engine bay, do I have to pop the hood? Or can a cop inspect any vehicle he wants, regardless of the reason?
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"2804. A member of the California Highway Patrol upon reasonable belief that any vehicle is being operated in violation of any provisions of this code or is in such unsafe condition as to endanger any person, may require the driver of the vehicle to stop and submit to an inspection of the vehicle, and its equipment, license plates, and registration card." 2806 gives the same right to any other cop. So it comes down to reasonable belief, which is the same for our purposes as reasonable suspicion (the standard to justify pulling you over." First and foremost, you should NEVER give your consent. But if you want to stay out of the back of a police car, you shouldn't prevent him from checking. If he looks and a judge later finds it unreasonable, you can get the ticket (or any other charge that results from the inspection) thrown out. But the problem is that cops know how to testify to prevent this (as in your case where he could easily say that he thought your exhaust was too loud). So for your purposes, I'd assume any cop could defend a pull over and inspection and I wouldn't protest too much. You'd probably have better luck trying to be cool with the cop. |
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For educational purposes... I don't understand how a cop can cite for the headers. I agree that ANY aftermarket header is a violation. But wouldn't that mean the cop would have to have knowledge of what a stock header looks like? And as far as I can remember, there are underpanels blocking the header from view from below. And from atop, I can only see a small portion of the header. The rest is blocked from view by the engine. So unless the cop has xray vision, and has a encyclopedia of ALL stock headers for all cars, I don't see how he can cite for aftermarket header? I'm not trying to argue against the cop, I just want to know how they can justify citing for it. |
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Moreover, the OP was clearly profiled - and that's something that will upset most people. No one is crying - this is called discourse as the OP has several options available if he chooses to contest the citations. It amazes me that people click on threads when they have a rigid opinion on an issue that doesn't concern them, and just make a post to poo poo someone, or their choices while missing the point entirely. If we all lived by your philosophy of just accepting the way things are and moving on - well, women would still have no rights and black people would still be slaves. |
I wonder what the cop would have made of this:
http://1.bp.blogspot.com/-zUNGJS1uCE...0/917+lega.jpg |
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But since you are, let's go over how wrong you are. Quote:
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Terry v. Ohio, 392 U.S. 1 (1968), was a landmark decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him or her without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person "may be armed and presently dangerous." |
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How can you possibly argue otherwise?!? I THEN went on to point out that they require "probable cause" but WHAT that cause is is up to the officer at that moment. Citizens do not get to second guess the officer on the spot. PERIOD. If you would like to argue with the officer and deny his requests to pull over/stop/obey his orders, you will get arrested. But be my guest. |
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I love where this is going. But seriously, everyone's getting all riled up about a story that we all read SECOND HAND. I read the post, got a kick out of it, and started to remember why this forum has gotten a reputation for going to shit the further I read. All of this "all cops are pigs" bulls#*t on the first page. Please! And then all of the quoting of court cases long past. Wow! I think both sides could be right. If the officee did pull the OP over for the stated reason then it was obviously a BS call. That being said, I have similar mods to my car and would completely UNDERSTAND if an officer pulled me over for no reason whatsoever. Car's like this stand out and scream "Look at Me!" We bulid them to do this. You got caught, it sucks but it is what it is. -Rant Over- |
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Cops can suspect your Benz is stolen because you're black, doesn't make it legal to detain you on that ground. Quote:
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If the police feel like pulling you over FOR ANY REASON, they WILL do so. It does not matter if it is constitutional or not. IF it turns out that it was NOT, then the charges are thrown out BUT YOU STILL HAD TO PULL OVER!. THIS STEP IS PERFORMED AFTER THE FACT. Based on your response, it seems that YOU BELIEVE that if the driver feels that the police officer SHOULD NOT have probable cause then the driver should just keep on driving. Your logic is just plain fucked up. So again: Look it is a FACT: The Police can pull you over if they suspect that you might be committing a crime. PERIOD. It MIGHT turn out that the officer was WRONG. That does not mean that he did not have the right to investigate. To argue otherwise means you are just trolling. |
Right so by that same logic police can murder anyone they like.
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^thats true. they can step in front of a car and say their life was in danger. and empty a whole clip into you.
they can pull you over for any reason, and (can)even lie about it. I got pulled over for "going a little fast" This was in a slammed car with wheels but other wise stock going from 1st to 2nd gear at 2500rpm, never passing 25mph. I refused to consent to a search. They cuffed me, threw me in the back of the squad car and searched my car and found nothing. They uncuffed me and sped off. How can you make a complaint when flashlight was in your face the whole time and you were in the back of the car and never saw any faces? They know the law better than you do, and they KNOW how to break the law better than you do. |
Right but everyone understands that already. I was trying to offer insight into the legal aspect of their powers which are not well known.
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The Terry case confirms this. Just 100% fact right there. Only a Moron would argue with that statement Of COURSE (as I mentioned above) what happens AFTER a stop is up to a judge and the judicial system and any charges that result from the stop MIGHT be thrown out based on the constitutionality of the stop. DURING the stop you dont get to pull the "this is an unconstitutional stop" bullshit UNLESS you WANT a ride in a police cruiser. |
And I never once said anyone should challenge the cop, I offered the exact opposite advice.
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