pass referee in cali for loud exhaust...

[Jaden]

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.

I wouldn't actually sue unless the officer yanked me out of my car and arrested me and impounded the car.

you're right about that being the way things work at the moment, and it won't change until people start standing up to it.

Jaden

[Jaden]

Originally Posted by Phantobe

@Jaden

I think an aftermarket catback exhaust which most people run, is enough probable cause to have an officer want to pop your hood.

Sad to say street racing has ruined the scene & you can see from that thread how vain officers can be. They pretty much orient car modding with street racing, granted the thread is over 7 years old I doubt much has changed.

A legal mod is not reasonable suspicion that a violation has taken place. Asserting your rights is ALSO not reasonable suspicion and that HAS been ruled on.

Jaden

[nivek111070]

Originally Posted by babydriver

Texas has BY FAR the weakest laws concerning vehicle safety or at the very least The "inspection" here is a joke; not one vehicle that I have ever taken in has failed for any reason. Not even for wiper blades. Even though I maintain my vehicles carefully, .

odd, ive lived in Texas my whole life and have had very "stringent" testing. I also maintain my vehicles very well. They just failed my Montero because the cats arent cleaning up the exhaust good enough, failed by like 200 points

[kch]

Originally Posted by nivek111070

odd, ive lived in Texas my whole life and have had very "stringent" testing. I also maintain my vehicles very well. They just failed my Montero because the cats arent cleaning up the exhaust good enough, failed by like 200 points

Yes, but this whole kerfuffle was started in response to California's baffling practices of inspecting under your hood if they think you have "illegal" mods.

[babydriver]

Originally Posted by Tcoat

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

Typically a 3rd class misdemeanor. This does not change the requirement for probable cause. They still can't search your car without a warrant, unless they have probable cause to search it (i.e., a drug-sniffing dog). The way to approach this is to allow the cop to give his spiel, then politely ask, "Am I free to go?" By Texas law at least, he either has to let you go at that point or say that he's arresting you and for what. If arrested, you say "I need a lawyer." At that point, the police officer can do nothing else until a lawyer arrives or a court order permits him to do something such as a breathalyzer test. If you don't have and cannot afford a lawyer, the court has to appoint one. Of course, you'll end up in the hoosgow for a little while, but again they can't hold you indefinitely without letting you see a lawyer or charging you with a crime. That is the meaning of habeus corpus.

No one should ever be arrested for a third class misdemeanor in the U.S. BTW, the 4th amendment was written because of random searches by the British authorities prior to and during the American Revolution without a specific reason. It applies to any search that (a) requires a warrant or (b) does not meet the standard of probable cause. This includes 3rd class misdemeanors.

[babydriver]

I am curious about the refereed noise level process in CA; do you receive a form stating that the test was passed? If so, how long is it good for?


In Florida some years ago, a friend had his (admittedly raggedy looking) '67 Fairlane with a race engine pulled over by a New Smyrna Beach cop. The car had been inspected earlier THAT DAY and had a new sticker. The cop was about to arrest him and charge him with stealing an inspection sticker, however my friend was able to produce the receipt for the inspection that had been done earlier in the day. When he produced that, whatever probable cause the cop might have imagined he had fell apart. He let my friend go at that point.


If the OP produces the document given to him by the referee, wouldn't that remove any probable cause for the noise issue?

[cycleboy]

Wow this thread went CrAzY!

To clear up a few things:

1. A catback is legal in California, provided it meets other requirements like noise limits.
2. Deleting a cat is illegal in all US states as it is federal law that you can't remove emissions equipment.