I got pulled over in my R this morning for speeding. The cop told me to pop my hood and eventually wrote me up for illegal header, cam gears, fpr, and illegal mass air flow sensor and issued a state ref ticket and speeding ticket. My friend told me that because of the fourth amendment: protection against unreasonable search and seizures, a cop can only pop your hood if you say it's ok. He also told me I should go to court and say that I told the cop that he couldn't pop it and the state ref ticket would be dismissed. Any insights or personal experiences?
Thanks for reading.

 

... You do realize your car doesn't have a MAF, right?

 

They do have the right. Places like Cali seem to be the worst for it.
Did he call it a vehicle safety inspection or something like that?

 

Yeah i know I don't got a MAF sensor and he just told me to pop my hood. My car does have an exhaust on it but does that make it a "reasonable" search and seizure?

 

Cali sucks...

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by HotboxedTypeR &raquo;</TD></TR><TR><TD CLASS="quote"> My car does have an exhaust on it but does that make it a "reasonable" search and seizure?</TD></TR></TABLE>
There you go. That gave the cop "cause" to believe you may have had more illegal parts on the caR.

 

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

 

Your in Cali.

/thread

 

What if my exhaust is a Greddy? Even though it is not, my friend said he will give me the papers to show the judge that it is. If the exhaust is 50 state legal then wouldn't that nulllify the "cause" to pop it?

 

Fix them, get them written off, and pay for the speeding ticket, if you want to fight it... it's going to cost you a lot more time and money then it would have to begin with, even if the cop was wrong, but he wasn't.

Take it with a grain of salt...

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by JjuuN R &raquo;</TD></TR><TR><TD CLASS="quote">Fix them, get them written off, and pay for the speeding ticket, if you want to fight it... it's going to cost you a lot more time and money then it would have to begin with, even if the cop was wrong, but he wasn't.

Take it with a grain of salt...</TD></TR></TABLE>

I couldn't agree more.

 

No. like your friend said, you are protected under the 4th admendment.

also, unless they have probable cause and or a serach warrent, they can't search your car...but it appears you openly let them.

So...you're screwed. Just pay the ticket. Live and learn. Its a part of life.

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by HotboxedTypeR &raquo;</TD></TR><TR><TD CLASS="quote">What if my exhaust is a Greddy? Even though it is not, my friend said he will give me the papers to show the judge that it is. If the exhaust is 50 state legal then wouldn't that nulllify the "cause" to pop it?</TD></TR></TABLE>
Keep in mind I dont live in Cali(thank god) but the way I understand it is. You can only put an OEM replacement part on your car if it pertains to emissions in Cali. The 50 state legal thing is complete BS. Let me ask you this. What about the exhaust is 50 state legal? Is it the noise db's it emits? Is it the clearance that it offers? Is it the materials that where used in its construction? Do you absolutely know?

Aftermarket companies that use the term 50 state legal are just using that as a way to sell more product. It doesnt absolutely mean it IS legal in all 50 states even thought that is the implication.

I'll let someone with more knowledge on this subject pick it up from here. Hope that made sense.

 

Just cause it says it is 50 state legal on the box or on the aftermarket part it may not be legal to the State laws. 2 different things. You may want to look into your state laws or you will be fighting something you will not win.

 

it wouldn't be legal if you were doing nothing wrong but speeding is against the law, therefore thats his reasoning. if he searched your interior that would be different since that has nothing to do with speeding but under your hood has everything to do with speeding. and your in cali so your fuked

 

IIRC in Cali anything post cat (ie exhaust) can be modified as long as it falls under the 95dB sound limit. Someone correct me if I'm wrong. However, if an officer pulls you over and notices that you have visible modified parts it gives them probable cause to search under the hood. Fix it, an get on with your life, that's all you can do. Sucks living in CA.

 

this is why Cali sucks

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by jgirard &raquo;</TD></TR><TR><TD CLASS="quote">this is why Cali sucks </TD></TR></TABLE>

Yeah, that and the absurd cost of living...

 

Gosh i love NY... Even if they make you pop your hood, as long as you have a receipt for your engine and tranny, they couldn't care less!!!

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by 95TegSE &raquo;</TD></TR><TR><TD CLASS="quote">

Yeah, that and the absurd cost of living...</TD></TR></TABLE>

Amen, you could add crime rate to that too

 

MN and WI too. Most likly, you'll get a "fix it ticket".....but I got that when I didn't put my front lic. plate on that's it. never been pulled over for anything else. I don't think I know anyone who has gotten pulled over for anything like that....only a loud stereo system but the officer just asked, "please turn it down."

yeah, cali does blow.

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by end005 &raquo;</TD></TR><TR><TD CLASS="quote">No. like your friend said, you are protected under the 4th admendment.

also, unless they have probable cause and or a serach warrent, they can't search your car...but it appears you openly let them.

So...you're screwed. Just pay the ticket. Live and learn. Its a part of life. </TD></TR></TABLE>

Uhh searching a motor vehicle is a warrantless search and is allowed by law with only probable cause.

The tone of your car, or ANY aftermarket part that was detectable/visible provides probable cause (and since that's somewhat subjective, anything really that the officer could defend his actions with). (we can skip the whole "vehicle was not in motion, etc" stuff in this case).

Your home is protected from a warrantless search unless you give them permission or there is visible evidence of a crime that can be seen from the outside as far as I can recall (ie, blood on the windows, furniture knocked over visible through an open shade, etc, etc).

In other words, this search was 100% legal in my opinion. Now if the officer searched YOU that would be different.. (Without consent obviously)

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by HotboxedTypeR &raquo;</TD></TR><TR><TD CLASS="quote">I got pulled over in my R this morning for speeding. The cop told me to pop my hood and eventually wrote me up for illegal header, cam gears, fpr, and illegal mass air flow sensor and issued a state ref ticket and speeding ticket. My friend told me that because of the fourth amendment: protection against unreasonable search and seizures, a cop can only pop your hood if you say it's ok. He also told me I should go to court and say that I told the cop that he couldn't pop it and the state ref ticket would be dismissed. Any insights or personal experiences?
Thanks for reading.</TD></TR></TABLE>

Oh and BTW, if you do go to court and say that you told him that he could not open your hood, you better be telling the truth. If he had a dash camera that picked up the audio and you lie in court I think the state ref ticket will be the least of your concerns....

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by HotboxedTypeR &raquo;</TD></TR><TR><TD CLASS="quote">What if my exhaust is a Greddy? Even though it is not, my friend said he will give me the papers to show the judge that it is. If the exhaust is 50 state legal then wouldn't that nulllify the "cause" to pop it?</TD></TR></TABLE>
No, as pointed out already, any non standard exhaust, or a replacement that produces an increase in noise, is illegal.

Read up on the california vehicle code/penal code before you ever go to court if you decide to...

 

<TABLE WIDTH="90%" CELLSPACING=0 CELLPADDING=0 ALIGN=CENTER><TR><TD>Quote, originally posted by BMaDOHC &raquo;</TD></TR><TR><TD CLASS="quote">it wouldn't be legal if you were doing nothing wrong but speeding is against the law, therefore thats his reasoning. if he searched your interior that would be different since that has nothing to do with speeding but under your hood has everything to do with speeding. and your in cali so your fuked</TD></TR></TABLE>

Actually the interior is also a warrantless search unless PERSONAL belongings are searched (ie glovebox, under the seats, etc are warrantless).

Speeding likely would not be reasonable cause for a warrantless vehicle search however, but in Cali it might fly