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A question about the law

 
Old 07-10-2008, 06:44 AM
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Default A question about the law

Does anybody know if its legal for the cops to ask you to pop your hood? Apparently it happens around here when they pull over a done up car they ask you to pop the hood. As far as I know most police officers are not liscenced mechanics, they probably dont even know what they're looking at. I also hear that if you have a turbo they can call your insurance company and see if they know about it. Can anybody put truth to these rumors?
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Old 07-10-2008, 06:46 AM
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Yes they can do that, at least in America.
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Old 07-10-2008, 07:21 AM
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Default Re: A question about the law (sixgunsound)

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by sixgunsound &raquo;</TD></TR><TR><TD CLASS="quote">Does anybody know if its legal for the cops to ask you to pop your hood? Apparently it happens around here when they pull over a done up car they ask you to pop the hood. As far as I know most police officers are not liscenced mechanics, they probably dont even know what they're looking at. I also hear that if you have a turbo they can call your insurance company and see if they know about it. Can anybody put truth to these rumors?</TD></TR></TABLE>

Laws vary so much from area to area and some places county to county so the only way to get a definitive answer is to look up your local laws to be sure.
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Old 07-10-2008, 07:27 AM
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Default Re: A question about the law (someone else)

there was a post by some cop guy on here that said something like - don't let the cops seach your car w/o a warrant because they don't have to pay for anything they break if you let them. if they have a warrant and they break something or misplace it, they have to fix it.
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Old 07-10-2008, 07:45 AM
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wtf there are no pics in this thread?!


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Old 07-11-2008, 08:14 PM
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Default Re: (crdcz03)

why would there be pics?
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Old 07-11-2008, 08:17 PM
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Default Re: A question about the law (sixgunsound)

what are you worried about? if your ***** legit pop the hood son
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Old 07-11-2008, 08:32 PM
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Default Re: A question about the law (sixgunsound)

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by sixgunsound &raquo;</TD></TR><TR><TD CLASS="quote">Does anybody know if its legal for the cops to ask you to pop your hood? </TD></TR></TABLE>

Why don't you call them and ask?

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Old 07-11-2008, 08:34 PM
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If they ask, you say yes, then sure.

If they ask, you say no, you're gonna be having a hard time. Just run legal parts lol.

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Old 07-11-2008, 08:51 PM
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california
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Old 07-11-2008, 08:56 PM
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<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by M2nR &raquo;</TD></TR><TR><TD CLASS="quote">People who are fully aware of the rules/regulations in california yet feel the need to cry on HT GDD </TD></TR></TABLE>

Fixed!
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Old 07-11-2008, 09:19 PM
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Default Re: (stock97)

I got pulled over in my datsun 510 a few weeks back and the chp was asking me all kinds of stupid questions. including for me to pop my hood. I have a sr20det and he asked me if I had a cat converter. I was letting him know that my car is a 1972 and does not require such a thing and he pulls out this book that was freaking crazy. Pics of civics stock and modified. He said alot of them are carrying them and if your car matches the modified pic they are going to begin impounding them. needless to say he did not find my car in his book and let me go.
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Old 07-11-2008, 09:26 PM
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I dont think they can pop your hood unless they can visually see something that deserves a hood pop (lowered car, exhaust, etc). Same goes with hiding weed in the car.. if the cops cant see it from window view, they cant search your car.

Isnt there a list of legal parts here on HT?
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Old 07-11-2008, 09:35 PM
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Default Re: (EvenStar)

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by EvenStar &raquo;</TD></TR><TR><TD CLASS="quote"> Same goes with hiding weed in the car.. if the cops cant see it from window view, they cant search your car.
</TD></TR></TABLE>

Only half true.

Yeah they can't search you car BUT....

They don't need a warrant to walk a k9 around your car.

k9 nose &gt; hidden weed

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Old 07-11-2008, 09:36 PM
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Default Re: (stock97)

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by stock97 &raquo;</TD></TR><TR><TD CLASS="quote">

Only half true.

Yeah they can't search you car BUT....

They don't need a warrant to walk a k9 around your car.

k9 nose &gt; hidden weed

</TD></TR></TABLE>

Then just scream plead the 5th if they ask the k9s can search.
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Old 07-11-2008, 09:39 PM
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Default Re: (stock97)

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by stock97 &raquo;</TD></TR><TR><TD CLASS="quote">

Only half true.

Yeah they can't search you car BUT....

They don't need a warrant to walk a k9 around your car.

k9 nose &gt; hidden weed

</TD></TR></TABLE>

gas caps
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Old 07-11-2008, 09:41 PM
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Default Re: (EvenStar)

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by EvenStar &raquo;</TD></TR><TR><TD CLASS="quote">

Then just scream plead the 5th if they ask the k9s can search.</TD></TR></TABLE>

Ask? More like wait here while I get the k9.

As long as they are just walking around the car without opening it up I'm pretty sure they don't have to ask.

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by Lasty K &raquo;</TD></TR><TR><TD CLASS="quote">

gas caps </TD></TR></TABLE>

Say wat?
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Old 07-11-2008, 09:42 PM
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<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by Lasty K &raquo;</TD></TR><TR><TD CLASS="quote">

gas caps </TD></TR></TABLE>

lol
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Old 07-11-2008, 11:34 PM
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Default Re: A question about the law (sixgunsound)

holy crap!
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Old 07-12-2008, 12:19 AM
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Default Re: (bluebird)

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by bluebird &raquo;</TD></TR><TR><TD CLASS="quote">I got pulled over in my datsun 510 a few weeks back and the chp was asking me all kinds of stupid questions. including for me to pop my hood. I have a sr20det and he asked me if I had a cat converter. I was letting him know that my car is a 1972 and does not require such a thing and he pulls out this book that was freaking crazy. Pics of civics stock and modified. He said alot of them are carrying them and if your car matches the modified pic they are going to begin impounding them. needless to say he did not find my car in his book and let me go. </TD></TR></TABLE>

chp can pop hoods, city cops/county sherifffs can't
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Old 07-12-2008, 02:37 AM
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Default Re:

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by sixgunsound &raquo;</TD></TR><TR><TD CLASS="quote">Does anybody know if its legal for the cops to ask you to pop your hood? Apparently it happens around here when they pull over a done up car they ask you to pop the hood. As far as I know most police officers are not liscenced mechanics, they probably dont even know what they're looking at. </TD></TR></TABLE>


Officers can search any vehicle without a warrant, so long as they have probable cause to believe that illegal activity is afoot or you are carrying contraband. See Carroll v US 267 U.S. 132 (1925). They do not have to procure a warrant because of the ease in which evidence can be moved out of their jurisdiction (ie you drive away). So yes, they can pop your hood without asking.


<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by sixgunsound &raquo;</TD></TR><TR><TD CLASS="quote">Does anybody know if its legal for the cops to ask you to pop your hood? Apparently it happens around here when they pull over a done up car they ask you to pop the hood. As far as I know most police officers are not liscenced mechanics, they probably dont even know what they're looking at. I also hear that if you have a turbo they can call your insurance company and see if they know about it. Can anybody put truth to these rumors?</TD></TR></TABLE>


I've never heard of this and it sounds wholly unsubstantiated.
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Old 07-12-2008, 02:41 AM
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<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by EvenStar &raquo;</TD></TR><TR><TD CLASS="quote">

Then just scream plead the 5th if they ask the k9s can search.</TD></TR></TABLE>

Doesn't work that way, K9 searches constitute plain view as they don't reveal details "unknowable without physical intrusion", as described in Kyllo v US. If a K9 unit (considered an expert) alerts onto your car/locker/bag/person at anytime and anywhere, they can and will search you legally.

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by stock97 &raquo;</TD></TR><TR><TD CLASS="quote">

Ask? More like wait here while I get the k9.

As long as they are just walking around the car without opening it up I'm pretty sure they don't have to ask. </TD></TR></TABLE>

Ed Zachary.
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Old 07-12-2008, 11:23 PM
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<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by Lasty K &raquo;</TD></TR><TR><TD CLASS="quote">

gas caps </TD></TR></TABLE>

huh?? the smell of weed permeates through just about anything. I has seen videos on how a dog sniffed through a gas tank, through though the PVC pipe, through the packaging in the PVC, and to the weed. pretty informative http://nevergetbusted.com/v2/
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Old 07-13-2008, 05:08 AM
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Default Re: (povs9)

since opening the hood of your car constitutes a search, a cop CANNOT legally open your hood unless upon a finding of probable cause, warrant or consent to search. geez people need to read up on what the fourth amendment is about. Before I write any further, this answer on yahoo about a cop opening your hood pretty sums it up best if this is in fact what happened to you aswell

Question:

Can police pop up my hood and do a search after they pull me over with no reason??
it happen to me like 2 years ago. and i'm still wonder if the cop did the right thing by asking me to open my hood when he pull me over.. the reason he stop me was for a noisy muffler, then he ask me to open the hood and saw the intake that i just had put on , he said that the intake was illegal..however he only gave me a fix tikect for the muffler,.. what can i do to refuse the police to do a search on my car next time.
by the way i live in this [email protected]#$pid california state..where everything seens to be illegal.. it looks more like a Communist state with so many laws than a democratic state.

Answer:

No, they cannot do whatever they want. We have a Fourth Amendment Right against illegal searches and seizures. They can however, search if they have "probable cause" to search you. This is them using their judgement and experience and having a Suspicion that someone may have a weapon, drugs, etc. The cop heard your noisy muffler and pulled you over. Completely legal. He asked you to open the hood and you did. If he asks you to do something and you comply, that is legal. The cop had probable cause to search under your hood because you car was making noise. It was also legal because he asked and you consented. If he asked you to get out of the car, and then he went and opened your hood without your permission, that would be different and the cop would have to prove probable cause. If a cop wants to search your car, you have the right to ask why. If his answer seems reasonable, then let him do the search and prove you have nothing to hide. If the cop does not give a reason, you have the right to refuse. The only way he then can search you is if you are under arrest, or if they have a warrant, which is unlikely.
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Old 07-13-2008, 05:28 AM
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Default Re: (povs9)

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by povs9 &raquo;</TD></TR><TR><TD CLASS="quote">

huh?? the smell of weed permeates through just about anything. I has seen videos on how a dog sniffed through a gas tank, through though the PVC pipe, through the packaging in the PVC, and to the weed. pretty informative http://nevergetbusted.com/v2/ </TD></TR></TABLE>

Well yea, obviously a K-9 Unit dog will sniff through. But c'mon, most of the time, they don't even look under there lol.
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