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[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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