Quote:
Originally Posted by YouShallKnow
The applicable code is Cal. Vehicle Code § 2804
"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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Yup, thats just what I thought. I tried to be cool letting him poke around without any resistance. I thought he just wanted to check the car out lol (has happened to me before). Thanks for the info!