teamvirus

ok so i got a ticket today for my front licence plate and the cop made me pop my hood and found that i didnt have a carb sticker for my greddy turbo kit that i bought used off ebay...now i know i have to get my car ref'ed but i was wondering what they did at the station, i have a ls/vtec in my car right now and the ticket says 27156(d) modifided exhaust, my question is do i need to pull my motor out, or is he just gonna test my exuast system which is stock...

any help will be great since i cant drive my car till this is fixed

ps i live in CA

gezzuzz

lol.. CA sucks!!!!!

teamvirus

51-50ej7

my buddy got one and he ended up pulling the carb sticker off a kit he found in the junk yad doesnt have to be exactly but it should work. oo and if they test ur exhaust u should befine if u dont blow smoke

teamvirus

bump

teamvirus

bmpu

Minglor

move.

methos713

is it legal for a cop to tell you to pop your hood when you don't have a police record, like on probation or something? Can you just tell them "No." Cause, I took a criminal justice course in college, and was told that its illegal if they just search your car without asking for your permission first...unless you give them permission or any of your passenger have a criminal record and if they see something to use as probable cause. I know sac pd was searching and telling some hmong kids to pop their car hood during sac hmong new years...and mind you, they were pulling into cal expo after paying for the parking fee and also the ones that got stop were only acura/honda/other imports...no domestic.

I hella hate cali for its smog laws, they turn a blind eye when its domestics...but pull over imports the moment they hear a loud exhaust.

platinumx6

im not sure if thats a rumor or tru, cuz my friend always would put his stash in the trunk, or his glove box because it locked and he said they can search without a warrent. I dunna if its tru or if he is listening to too much Chamilionaire.

Conclusive

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by methos713 &raquo;</TD></TR><TR><TD CLASS="quote">is it legal for a cop to tell you to pop your hood when you don't have a police record, like on probation or something? </TD></TR></TABLE>

Of course it's legal for the cop to ask. It is also legal for the OP to say no.

Team Virus, I suggest you read up on your 4th amendment rights next time.

GarageAlchemist

you sir are fucked. They will fail the engine, exhaust, pretty much everything. Bring money for a tow truck

F20Cteg

27156(d) is not for modified exhaust.


If you have to have your vehicle tested for exhaust noise, then the REF is not allowed to test anything else. The ticket is for exhaust only.

GarageAlchemist

they check everything at a ref station, once they see it's a honda they will pop the hood and call a tow truck.

teamvirus

ok i guess ill just go back to stock

Luserkid

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by GarageAlchemist &raquo;</TD></TR><TR><TD CLASS="quote">they check everything at a ref station, once they see it's a honda they will pop the hood and call a tow truck.</TD></TR></TABLE>

Hmm.... i guess i was lucky with all my aftermarket parts then.

For modified exhaust they will pop your hood for your engine code (they have to rev it 1/2 of your rpm range). The test is free and there not going to bitch about your swap or whatever aftermarket you have. Now if it says only modified exhaust then your ok, but if it says something else towards emissions then they will follow those procedures with that and you could fail. What all does your ticket say exactly. Check this thread:

https://honda-tech.com/zerothread?id=867722

THC07

you live in sac?

Chester or Susanville CA, are the only places that i know of.
Get a PO box in one of these countys.
problem solved. No smog, yes i said NO smog. cost 40$ per year for the po box.

If your gonna do this.. be careful. dont be a dumb *** and get cought. I dread the day that they put a stop to this loophole.

cxSHOE

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by methos713 &raquo;</TD></TR><TR><TD CLASS="quote">is it legal for a cop to tell you to pop your hood when you don't have a police record, like on probation or something? Can you just tell them "No." Cause, I took a criminal justice course in college, and was told that its illegal if they just search your car without asking for your permission first...unless you give them permission or any of your passenger have a criminal record and if they see something to use as probable cause. I know sac pd was searching and telling some hmong kids to pop their car hood during sac hmong new years...and mind you, they were pulling into cal expo after paying for the parking fee and also the ones that got stop were only acura/honda/other imports...no domestic.

I hella hate cali for its smog laws, they turn a blind eye when its domestics...but pull over imports the moment they hear a loud exhaust. </TD></TR></TABLE>

just to clear things up, and different states will have different results:

the fourth amendment, as it is generally understood, protects you from unreasonable search and seizure. the supreme court has looked at a number of cases involving fourth amendment rights and warrantless searches. In most instances, the officer can conduct a search if they have probable cause to do so. this is essentially a hunch backed up by reasonable suspicion. there may be something in your behavior, your physical appearance, or the physical appearance of your vehicle that would prompt an officer to search. in this case your muffler which is clearly not OEM and is classified under the penal code as being modified because it is not a muffler that was originally on the car from the factory. but its also at the officers descretion to give you a ticket for a modified exhaust. anything other than oem is a modified muffler. and it has nothing to do with being smog legal. it has more to do with decibel levels. so you can have a modified exhaust and still be under 95 decibels and get the ticket signed off, but you will still incurr a fine and your time at the state refs station.

the police may search the person and all areas under a person's control or reach(glove box etc...). Anything in "plain view" can be seized aswell (bag of weed in the back seat etc...). This standard includes car searches aswell if probably cause is there, in your case to pop you hood (probably cause would be your modified muffler, the car you drive, the lowered suspension, the aftermarket steering wheel , the aftermarket wheels etc...) So, if an officer has a belief that your engine is stolen or is modified to the point of not being road or smog legal he/she may look there if there is a belief that what he/she is searching for might be under the hood.

and as far as warrants are concerned as they relate to automobiles. no warrant is required to search a car. cars are exempted from the advance warrant requirement because of their mobile nature. This gives them license to conduct warrantless searches of cars. An officer only has to meet the probable cause standard in most instances.

so can you legally say no? yes, but if the officer really wants to see whats under your hood he can also have your car towed and then have the hood popped. the reason it will be towed is he will not force you to open it, but will put the car in a safe place (tow yard) to then continue his investigation.

so saying no will not get you a ticket or the such right on the spot but refusing to cooperate or impeding an investigatigation could get your car towed which later get you more fees to pay to the tow yard.

good luck, my suggestion is to go back to stock for now, and do a barred swap later. if you cant do a barred swap then it wasnt ment to be.

Conclusive

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by cxSHOE &raquo;</TD></TR><TR><TD CLASS="quote">
the officer can conduct a search if they have probable cause to do so. this is essentially a hunch backed up by reasonable suspicion. there may be something in your behavior, your physical appearance, or the physical appearance of your vehicle that would prompt an officer to search. in this case your muffler which is clearly not OEM and is classified under the penal code as being modified because it is not a muffler that was originally on the car from the factory. </TD></TR></TABLE>

Having a 'modified' or aftermarket muffler is not probable cause.

Probable cause defined. "a reasonable belief that a crime has been committed" That is more than a 'hunch' or reasonable suspicion. An aftermarket muffler means nothing other than the exhaust is not factory.

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by cxSHOE &raquo;</TD></TR><TR><TD CLASS="quote">
and as far as warrants are concerned as they relate to automobiles. no warrant is required to search a car. cars are exempted from the advance warrant requirement because of their mobile nature. This gives them license to conduct warrantless searches of cars. </TD></TR></TABLE>

Cars are not 'exempt' from the 4th amendment. Officers are required to obtain a search warrant for a car, just like a residence.

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by cxSHOE &raquo;</TD></TR><TR><TD CLASS="quote"> An officer only has to meet the probable cause standard in most instances.

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

And lastly, wrong again. For an officer to search without consent or a valid search warrant probable cause must exist in EVERY instance.

jtchinoy

I thought before that you couldn't be popped on the spot in california. Then I hear about countless people getting their hoods popped. Supposedly they passed a law a couple years ago that in california you can get popped on the spot If you ever look up people asking about just speeding tickets/ red lights etc. that are from california, you'll almost always see either the OP stating they didn't get popped or some1 replying asking if they got popped.

teamvirus

do you think i could just put my friends motor in my car...its a b16a2 block with a 01 gsr head? do you think they will notice its a gsr?

THC07

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by jtchinoy &raquo;</TD></TR><TR><TD CLASS="quote">I thought before that you couldn't be popped on the spot in california. Then I hear about countless people getting their hoods popped. Supposedly they passed a law a couple years ago that in california you can get popped on the spot If you ever look up people asking about just speeding tickets/ red lights etc. that are from california, you'll almost always see either the OP stating they didn't get popped or some1 replying asking if they got popped.</TD></TR></TABLE>

I have heard of this "popped on the spot", or somthing similler. down in Yuba city ppl get there cars tow'd. most of my friends down there are always in the market for stock parts, i/h/e and such. I feel bad for them, cops really jack w/them.

vtec4lyfe

pack your bags and move

rodrez.

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by teamvirus &raquo;</TD></TR><TR><TD CLASS="quote">ok so i got a ticket today for my front licence plate and the cop made me pop my hood and found that i didnt have a carb sticker for my greddy turbo kit that i bought used off ebay...now i know i have to get my car ref'ed but i was wondering what they did at the station, i have a ls/vtec in my car right now and the ticket says 27156(d) modifided exhaust, my question is do i need to pull my motor out, or is he just gonna test my exuast system which is stock...

any help will be great since i cant drive my car till this is fixed

ps i live in CA</TD></TR></TABLE>

27156B refers to smog/pollution devices. This is usually given when a person for example disconnects the hose that runs from the valve cover to the intake, or tampers with OBD equipment. Many officers will see an aftermarket performance part with or without a CARB EO and note the violation under this code, just to force you to go to the ref to have it sorted out.

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by gezzuzz &raquo;</TD></TR><TR><TD CLASS="quote">lol.. CA sucks!!!!!</TD></TR></TABLE>

Yeah, it's not as glorious as Louisiana , but we do what we can

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

Having a 'modified' or aftermarket muffler is not probable cause.

Probable cause defined. "a reasonable belief that a crime has been committed" That is more than a 'hunch' or reasonable suspicion. An aftermarket muffler means nothing other than the exhaust is not factory.
Cars are not 'exempt' from the 4th amendment. Officers are required to obtain a search warrant for a car, just like a residence.
</TD></TR></TABLE>

There's a zero tolerance policy in California. If an officer has reason to belive a car has illegal modifications, they can pull you over. They will ask to pop your hood, if you refuse, they can have the car impounded. I've seen this fought many times in court unsuccessfully.

Conclusive

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

There's a zero tolerance policy in California. If an officer has reason to belive a car has illegal modifications, they can pull you over. They will ask to pop your hood, if you refuse, they can have the car impounded. I've seen this fought many times in court unsuccessfully. </TD></TR></TABLE>

California law does not overide federal law.

Reasonable suspicion to pull a car over and probable cause to search are two different things.

THC07

in cali it does. just like the 215 lic. lol