Police man looking under my hood!

[evilrilla2]

Does the police have the authority to look under my hood WITHOUT a probable cause?

I know I have a right not to consent for officers to search my car without a probable cause. I have denied them the right in the past. They hassle me, but, without my consent they cant touch my car. They just pop there head in and only see what they could see.

Now, what about looking under my hood? I dont know my rights when it comes to this......

First thing first, I try to prevent any reason why I would get pulled over in the first place. But if they want to pull me over, they do somehow. Today they said that my license plate plaque month didnt match the one on his computer. He let me go. Last time he used the tinted window to pull me over and then said my car looked modified because it has a black front end and ask me to pop my hood. If i were speeding or my exhaust was being loud, I would understand. I have illegal header, so I dont know want to pop my hood if i have a right to deny. I cant afford DC header and I only paid 70 for my illegal header. It works just as fine and buying DC is not an option.

I want to know your guy's opinions.

 

[lotz6996]

how is the header illegal. or that the dc one isnt?

 

[Black Magic]

probably not CARB certified or whatever. I am interested in knowing the answer to this as well.

 

[NIKE H34D]

Cali modification laws suck! Gee. in for a response also.

 

[Wax Hands]

You have the right to deny any kind of search and seizure unless the cop has due for probable cause. In other words he would have to see something absolutely illegal that would or could cause harm to him, yourself or the public. Also if you left your weed stash out which is obviously illegal to have possession of, so keep your weed out of view or smell.

So cliff notes, if everything on or in your vehicle is visible legal they can not search your vehicle. Also if they do try to search your vehicle you have to right to have an attorney or another representative present during the search. So insist that it will take at least an hour for them to arrive and you both will have to wait around. Most cops will just give up at that point.

The above is the protection of the 4th Amendment.

Also NEVER< NEVER give them information that will incriminate yourself. Keep your STUPID mouth shut. This is the protection of the 5th Amendment, "The Fifth Amendment Self-incrimination Clause"

The Sixth Amendment is for Council, the 5th and 6h Amendment virtually go hand in hand. "The Sixth Amendment Right to Counsel Clause"

 

[Wax Hands]

The following videos are long to watch but SO INCREDIBLEY VALUABLE. I GREATLY INSIST THAT YOU WANT ALL PARTS!!!!

EDUCATE YOURSELF PEOPLE PLEASE!

Don't Talk to Cops, Part 1
http://www.youtube.com/watch?v=i8z7NC5sgik
[YOUTUBE="http://www.youtube.com/watch?v=i8z7NC5sgik"][/YOUTUBE]

Don't Talk to Cops, Part 2
http://www.youtube.com/watch?v=08fZQWjDVKE&feature=related
[YOUTUBE="http://www.youtube.com/watch?v=08fZQWjDVKE&feature=related"][/YOUTUBE]

The CORRECT was to react to being pulled over.
http://www.youtube.com/watch?v=eDJrQBwJpqk&feature=related
[YOUTUBE="http://www.youtube.com/watch?v=eDJrQBwJpqk&feature=related"][/YOUTUBE]

 

[Puma]

Wouldn't he have to crawl under the car to check for both o2 sensors anyhow....why how would he know it's an illegal header unless you tell him?

 

[lethal6]

Cali has very strict modification laws.

They can't search your car unless they have a good reason. If they suspect or notice anything illegal or out of place with their modification laws, yes they can look under your hood. I would bet a guess that your tint is illegal and that is all they need to take a further look to see if there is any other illegal modification. I don't think this includes digging through the car for drugs, alcohol, or weapons. That is a separate category.

Keep in mind that ANYTHING other than stock on an exhaust system is a federal law. ANYTHING louder than stock can and usually will give them probable cause to search the bay. You don't have to be racing around like an idiot for them to hear you have a modified exhaust.

 

[Wax Hands]

I would bet a guess that your tint is illegal and that is all they need to take a further look to see if there is any other illegal modification..

That would only be after they test the tint. If its legal they cant go any further.

 

[got traction]

i like how 90% of the people on this forum are anti cops. If your not a douche canoe to the cops, they wont hassle you.


and to the op, dont b***h when you get caught with an 'illegal' header. You know damn well that its illegal, so how can you complain that the cop is poping your hood for no reason. its obvious your hiding it.

 

[Puma]

i like how 90% of the people on this forum are anti cops. If your not a douche canoe to the cops, they wont hassle you.


and to the op, dont b***h when you get caught with an 'illegal' header. You know damn well that its illegal, so how can you complain that the cop is poping your hood for no reason. its obvious your hiding it.

Not I, sir. People don't understand that if you're polite and cooperative to the officer, he'll return it, USUALLY. I've only had ONE bad experience and it was with highway patrol, and the dipshit was younger than I, fresh out of the academy and thought he was a hard ass. The way he pulled me over was entrapment, too; all for illegal tint.

Now don't get wrong, I know I'm breaking the law w/ my 3% all around and soon to be 40% entire windshield. Run my record though and I have zero tickets(moving violation), zero accidents, zero crime history, and no nothing was corrected b/c there's nothing to be corrected.

When I get pulled over I have my cards ready, if I don't I inform the officer where they're at so he knows I have zero weapons, and I inform him I've been pulled over for tint more than likely. Yes sir, this is my 9th ticket, no sir I have no intent upon removing it.

Ya just gotta be smart and respectful people! If they're a d**k, be extra sweet to them. Remember, everything's recorded and can and will be used against you.

 

[vjf915]

Unless there is an Ontario in California........I'm relatively certain that the CA in his profile stands for Canada. That being said, I don't believe that our laws apply in Canada.....just a hunch. Therefore, all this advice is pointless. Evilrilla, you need to do what ANYONE should do when they feel their rights were violated, and either seek legal advice or look it up yourself.

 

[got traction]

Unless there is an Ontario in California........I'm relatively certain that the CA in his profile stands for Canada. That being said, I don't believe that our laws apply in Canada.....just a hunch. Therefore, all this advice is pointless. Evilrilla, you need to do what ANYONE should do when they feel their rights were violated, and either seek legal advice or look it up yourself.

there is an Ontario California Im guessing thats where the OP is from

 

[evilrilla2]

I am from California and I am aware of the strict laws here.

 

[evilrilla2]

Wouldn't he have to crawl under the car to check for both o2 sensors anyhow....why how would he know it's an illegal header unless you tell him?

The cop will ask, do you have anything illegal modified in your vehicle. You could lie of course, but if he ends up seeing something illegal your f**ked. In my case I pretend to be dumb, "oh really, it needs a CARB number." You are right, if you are nice to the cop he will be easier on you. I got no ticket, just a fixing ticket. 30 bucks.

Anyway, you bring an excellent point, even if I deny access to my hood, the officer may look underneath the car and see the header. But at that point he doesnt know if it is legal or illegal? the CARB number is on top. Yet he could suspect its illegal, hence his probable cause. I have never seen or heard of any cop looking under a vehicle??? Have you???

 

[evilrilla2]

i like how 90% of the people on this forum are anti cops. If your not a douche canoe to the cops, they wont hassle you.


and to the op, dont b***h when you get caught with an 'illegal' header. You know damn well that its illegal, so how can you complain that the cop is poping your hood for no reason. its obvious your hiding it.

I am not complaining. I just want to know my rights if i am being violated. I am protected by the 4th amendment. I just need to be more educated on this right before I start acting like a smart ass in front of the cop. If I am wrong my vehicle could get towed and then searched illegally.

Like I said i paid 30 bucks and then I place it back after i pass my emissions at the state referee.

Trust me when I say that my city, Ontario, the cops are STRICT, i get pulled over just by being nosy and staring at a cop. And cops dont know I have illegal header, you dont hear it. u should know that.

 

[evilrilla2]

Unless there is an Ontario in California........I'm relatively certain that the CA in his profile stands for Canada. That being said, I don't believe that our laws apply in Canada.....just a hunch. Therefore, all this advice is pointless. Evilrilla, you need to do what ANYONE should do when they feel their rights were violated, and either seek legal advice or look it up yourself.

Ive look online, and most people do not know the answer to this, they talk out of there ass. If you know a cop, ask him for me because thats the only way we could get the facts. It has to be a cop from California.

 

[got traction]

I am not complaining. I just want to know my rights if i am being violated. I am protected by the 4th amendment. I just need to be more educated on this right before I start acting like a smart ass in front of the cop. If I am wrong my vehicle could get towed and then searched illegally.

Like I said i paid 30 bucks and then I place it back after i pass my emissions at the state referee.

Trust me when I say that my city, Ontario, the cops are STRICT, i get pulled over just by being nosy and staring at a cop. And cops dont know I have illegal header, you dont hear it. u should know that.

You are in the wrong, you are breaking the law.

 

[00CivicSiblue]

There is an Ontario in Southern Cali. Cops are dicks down there just waiting to pull over any import. I live just north of there where i was followed from one city to another by some d**k cop. only mod i have is cold air so i wasnt trippin cuz my car isnt that much louder with it on there. he was reading my plates never pulled me over but he followed me till i got to my moms place. another night on my way home this chick cop decides to pull me over cuz apparently my light bulb is out on my license plate or some b.s. i was nice to her so she let me go. but in so cal cops see an import and they just pull ya over for stupid s**t even if your not driving like most dip shits do that try to instigate races up here. those r the ones that give imports a bad name and the eye for cops

 

[lethal6]

Unless there is an Ontario in California........I'm relatively certain that the CA in his profile stands for Canada. That being said, I don't believe that our laws apply in Canada.....just a hunch. Therefore, all this advice is pointless. Evilrilla, you need to do what ANYONE should do when they feel their rights were violated, and either seek legal advice or look it up yourself.

there is an Ontario California Im guessing thats where the OP is from

Correct. It is in southern Cali.

vjf: for one that preaches searching so much, you should have googled that yourself.