Oh great now all the "It is all fake there are no problems" guys are gonna flock here.

SC is notorious for polluter tix lol

He can't say the officer violated his privacy he was asked to pop the hood and did, officers are very much allowed to ask to inspect and once you give them permissions they are legally entitled to look, OP fucked up by not knowing his right to refuse the cop looking under the hood, drawing un-needed attention with his missing front plate and (his visible radar detector? I assume that's what he meant when he said the cop saw his radar, unless OP fucked up his sentence structure)

But yeah if you are driving illegal mods for the area you are in then try to be as low key as possible (that involves no blatantly visible infractions like no front plate)

That makes no sense to me, if it is really as you say then you should have fought it and won easily, I've had similar shit happen to me (for greenstuff) and I just laughed at the cop, he was being a giant **** until he found my fully highlighted penal code then started to refer to me as Sir as he knew he was fucked from then on. I then proceeded to a non guilty plea bargain(paper statement) with what had happened and case was dropped before even making it to court.

The day I let an asshole powertripping cop take advantage of me is the day after the day of my death, not all cops are bad but the ones that are need to be put back in their place.

Wraith is an idiot (I kid but his statement was idiotic) and does not understand how laws work apparently, it wasn't an illegal search as OP agreed to let the cop search his vehicle (Cop: sir I'm gonna want to look under your hood for modifications. OP: ok go ahead / OP has now agreed to the search meaning it is lawful; now if OP had said he does not consent and the cop proceeded to pop the hood anyways then there would be ground for illegal/abusive search).

Same thing with you home if you agree to let the officer perform the search he then has your consent and nothing illegal about it (only exception is if he coerced or threatened the OP to search, I.E. If you don't let me search your car I'll have it towed and you thrown in jail, etc.)

Officers are by all means allowed to ask to inspect/search if you then agree it is your own undoing should they find something that could be held against you in a court of law

This and this... Op says it clearly: next thing I know he asked me to pop my hood (ask, therefore implying OP then agreed and that the search was indeed legal and lawful).

Sucks for him but people really need a better understanding of laws that concern them (still baffles me that they don't teach that kind of thing in school instead of useless things like advanced calculus which only 1% of the people will end up needing whereas everyone should be aware of their rights and how to defend/uphold them):word:

good luck with that in West Covina ... The worst place to be pulled over. The judges always listen to the cops over the civilians. I've lost another case there for headlights and the fucking cop said I drove a 1500 Chevy and I clarified that to the judge and he still said didnt matter...

But the whole time ... I said no because I refused for illegal search and seizures. They still took me out of the car and cuffed me...

The bar for probable cause for CARB stuff isn't that high...

They can just say: exhaust smelled strong on idle. sounds loud/wrong. could see muffler was different.

When there's so many other things you can modify on your car, I don't understand why people are drawn towards the illegal ones. Unless you are timetrialing or in a race group or something, then just trailer your car in.



edit: it doesn't even fall under probable cause. the bar isn't even that high. you basically can't refuse.
http://www.expertlaw.com/forums/showthread.php?t=96096

https://www.dmv.ca.gov/portal/dmv/?1.../d2/c4/a1/2804

Well sorry that happened to you buddy but it's one thing to claim something in court and another to be able to formulate it where it can't be refuted with legal arguments. Sadly I agree it's not necessarily what arguments you bring to the table but how well you are able to formulate it and how well you can pick apart other arguments that they make against you (something I excel at doing, I always try to attack the cop's and attorney's credibility flip there words around, if they leave place for interpretation lead them to walk into the wrong interpretation).

Had a case once where I got the credibility of the officer dismissed simply by finding small absences of details and the way they had worded their statement (one of those was about how I had an unbalanced step/measure[was in French so it was actually demarche] while waiting for an elevator which I refuted that I couldn't have a unbalanced step while standing still. Also said he saw the top of my car belt meaning

I didn't have it buckled to which my response was a photo of my car where it's missing the little button that prevents the belt from dropping meaning my belt is always on the ground if not buckled and therefore office could never have seen it, never said whether or not I had it on just demolished his statement without addressing whether it was on or not)

Basically you try to make them walk into a trap, create a hypothetical situation that will help confirm your statement and destroy his. I.e. So sir you state you saw the top of the buckle hanging off the side of my red sentra? Correct, could you then explain why in this photo there is clearly a ford E-450 with no windows blocking your field of view from my car? huh..huh Could you also explain how you could've seen the buckle in this photo when clearly the belt, buickled or not would not be visible to you outside the car? huh well... And can you confirm 100% that there were no other red vehicles similar to mine in the same time lapse and that the information you relayed to your partner was not vague enough for him to mistake my red car for another? Well I'm pretty sure but I can't be a 100% since... Well then sir you agree there is a possibility that you may have inadvertently stopped the wrong vehicle, etc.

What were you plea bargaining for? A lesser charge? You don't plea bargain for a not guilty you simply plead not guilty.
You just laughed at the cop while he was searching your car?

I was a criminal charge, again I'm French so may have lost some words in translation :). What I meant is I sent a written statement and that was enough for it to be dismissed (also had photos of blue wrist from the handcuffs).

I didn't exactly laugh at the cop but I did laugh at the statements he was making and what he was implying. Just kept repeating to him after every sentence that was he was doing was considered an abusive search and that none of the findings he would make would be admissible in court, which they were not as they were obtained by abused of authority and failure to comply with my human rights as described in the Canadian Charter of Human Rights.

Nah, no need. Just look out the plane window as you descend into the LA region, you can clearly see a layer of smog every time you fly in.

Makes for beautiful sunsets, though. Everything is absurdly red or purple in the summertime.

-alex

What had happened is he pulled me over in a parking lot because I had just parked there. Worst is I parked there because I didn't want to text while driving(obey the law) and I was texting one of my good friend (was waiting for him to come back to his place so I could go there) to tell him if he had been drinking to let me know and I would be on my way to pick him up as I didn't want him to drive under the influence.

Apparently in his head that means I was there to smoke up while waiting for someone to come buy so I could sell him stuff (social/age based profiling I guess was only 25 at the time)

Quelle excuse pour la recherche? Etait il une odeur ou quelque chose a voir?
Grammer and spelling probably suck but...

Canada law and California law are not the same.

In regards to what Jsimon?

basic human rights are the same and they prime over any other laws meaning don't care where you are in the US or Canada but the right to privacy still applies as does abuse of authority and other things of that nature. The process is different and the fine points may also be different.

That's the thing there was no excuse/reason given for a search, he just popped his head in my car with his Maglite and started snooping around my things, saw a metal staple case and literally grabbed it out of my car.

Closed container with no smell and opaque so no grounds to search it nothing laying in the car such as crumbs or anything, now had it been an opened gym bag with things clearly visible from outside the vehicle it would have been very different but even in the event of it being a gym bag if it is closed you have an expectation of privacy (even if it the expectation of privacy is more limited in a car than say your home).

Call the ICC.

Is that a euphemism? It reads like a euphemism.

I said penal not penile. but no no euphemism just a book of laws from Canada :)

International Cricket Council? Don't think they would be of much help.

What does the International Criminal Court have to do with this?

I can spew random words with no explanation too see:

Know the Common Law,

wave for Jurisprudence

Touch the lawyer (don't do that last one he won't like it)

Entirely dependant on where you are, how much attention you draw to yourself and how many laws you break, just like any other state or country in the world.

lol help me help me I'm so oppressed I can't rip my catalytic converters out for a 20 hp gain and bloody eardrums, 4 perfectly legal supercharger/turbo kits on the market good for nearly 100hp gains makes me feel so disenfranchised.

:bellyroll:

I feel obligated to post this:

[ame="https://www.youtube.com/watch?v=l8ukak8P2vY"]Help! I'm Being Repressed! (Short Version) - YouTube[/ame]

Well, maybe re-word it. I've seen some stupid shit in court and unless the officer wrote his drivers license number on the ticket, I'd say he has a better than average chance of this being dismissed because of the errors. Maybe where you live they don't throw stuff out because of errors, but I've seen plenty get dismissed for clerical errors. Never hurts to go to court unless you know you are dead wrong, but there's always a chance the cop might not show up for court, and I've seen this happen too. Saw one fool who was facing some major charges and didn't have a lawyer make the dumbest response to the judge he could have made. The judge asked him twice if he wanted a lawyer because of the serious charges and the guy says no. Then the judge tells the guy that the officer was not in court that day and he asks the guy "Do you want a continuance?"......and the dummy says yes. If he had said no, he would have walked. So it never hurts to go to court, especially if there are clerical errors. That's my opinion and I've seen people walk for lesser errors.

Well, it's not the penal code. It's the Criminal Code. Probable cause (ie you, pulling off the road to park in (a probably not well lit) parking lot) is enough for a search of the car in some circumstances. Just as refusing to let an officer search your car. If he truly believes there's something illegal going on under your hood and you refuse him, he'll probably just say "lol k, I'm going to get a search warrant, sit tight for 15-20 minutes".

The fact of the matter is, if you have illegal mods, or decide to break the law (speeding, no front plate, rolling a stop because the stop sign didn't have a white border, etc.) be prepared to deal with the consequences, full stop.

Edit: I acknowledge there's bad cops out there, unfortunately, they're the only ones we hear about. No one ever tells the story of how a cop pulled them over for speeding and then let you off with a warning, or that time your house was broken into, and your wife and kids were really shook up so the cop gave you a name and number for a councillor to talk to.

Anytime I want legal advice, I go straight to an internet forum. Everyone is a lawyer.

Penal and criminal code both are considered acceptable and are used accordingly depending on where in the world you are.

You make a valid point about him getting a search warrant if you refuse but those are quite a few ifs. If the cop decides its worth his time to call in for a warrant, two depending on which judge he gets they may or may not issue a warrant and lastly that is if no other important emergency occur in the area where the cop needs to go asap aka violent crime or things of that nature that would take priority over you and your mods

Sent from my SGH-M919V using Tapatalk

Nah, they're the guys who post videos of them antagonizing LEO's and showing their superiority and American-ness by standing up to the man with their excellent knowledge of their rights and legal options.

tl;dr the kids on the playground who shouted about 'it's a fee country' and 'i'll take it to the supreme court'.

Well, IANAL, but let me give you some advice...

Tell me more, I'm actually Canadian if you were at least partially referring to me. And no antagonizing people will get you well deserved trouble, you don't go looking for trouble but I do think one should be ready should trouble eventually seek him rather know my rights and not need to enforce them than not knowing them in a situation that may benefit me if I did.

America is a weird place right now, going back a few pages I do not believe my comments were directed at you as your posts are decently level headed. There are others who post here that they may apply to.

Edit: To be very clear, these videos represent the minority, they are an extremist microcosm of the larger shifts our public policy is undergoing.

[ame="https://www.youtube.com/watch?v=uRyk5RVv0T8"]Stand Your Ground with the Police Know Your Rights - YouTube[/ame]

[ame="https://www.youtube.com/watch?v=B2X7TIl5_7g"]Dude Is Fed Up With Traffic Checkpoints (Use your rights or lose them) - YouTube[/ame]

[ame="https://www.youtube.com/watch?v=PFvd3Vvk-xU"]Grand Prairie Texas Open Carry . Refuse ID. Know your rights - YouTube[/ame]

[ame="https://www.youtube.com/watch?v=QCozh_vbYdM"]Sovereign Citizens Getting Owned Compilation - YouTube[/ame]