[8R6]

Originally Posted by kch

Okay look, I'm a lawyer, but not your lawyer, and I don't practice in your state, so this isn't legal advice.

It's great that you value your personal liberties so highly. I mean it. You seem passionate about it and I can tell you've done some research. However, you won't be successful suing the state/city/county every time you get pulled over and inspected. That's a bullshit suit. You know it, the cop knows it, the judge will know it. In fact, any attorney you approach for the suit will also know it and will turn you down.

The reality is this: the standard for when an officer can ask you to pop your hood is intentionally vague to give the police more leeway. "Reasonable suspicion" isn't some imaginary video game stat that increases +2 for each obvious mod, so that the officer can only inspect you when you get to +10. All a police officer needs is a plausible reason to think you're modded (and heck, he can even be flat-out wrong like with the Evo owner in the above linked thread). So basically, if you complain to the police department, all that will happen (if anything) is that the officer will say you looked non-stock and were driving aggressively or something. They can come up with a reason that meets the "reasonable suspicion" standard.

Also, when the officer "asks" you to pop your hood, it's not because they're trying to trick you into consenting to a search (at least in this case). It's because it's safer for them than pulling you out of the car and popping it themselves, or reaching into your car while you're still in it. That's seriously not safe.

Also note that I'm not saying this is right or appropriate. It's just the way things work at the moment.

/thread