[Tcoat]

Originally Posted by extrashaky

The Fifth Amendment protects us from being forced to bear witness against ourselves. Case law has held that to include action as well as words. Therefore a police officer can't force us to open our hoods. If the cop has real probable cause, he can open it himself. But he can't force us to do it.

The Fourth Amendment protects us from unreasonable search and requires probable cause by extension. If the cop has probable cause, that still doesn't require a motorist to open the hood even if the cop has the right to see in there. A US citizen is never required to cooperate in his own prosecution.

The amendment is very clear that it applies to criminal charges only. Are vehicle compliances a criminal act?