They have been really cracking down on street racers here and everyone is getting pulled over and having their engine inspected. I was wondering if you guys knew if Police are allowed to pull you and open your hood, or if that is only Hwy-patrol that can do that?

 

I will say they need a search warrant. Is like if they want to go to your house. No Search warrant, NO see! Also you can Sue the hell out of them with a good lawyer for ilegal search.

 

Im happy I dont live in California

 

No warrant in necessary for the search of an auto stopped on a public road in any state, different rules apply. Suspicion of an equipment violation my be enough to initiate a search.

 

Police are not properly trained to determine upon inspection of an engine compartment, what is what.

You know any ASE certified CHP?????

Engine compartment is NOT considered "In plain sight"

Illeagal search

 

if you say OK then they can, but if you say no, it's just like telling them they can't search the trunk. good luck. i'd call the dmv or hp office and ask them

 

Don't they just look at the header (or turbo), intake and exhaust for a CARB sticker, along with a catalytic converter and motor and chassis number check? I'm not sure because luckily we don't have to deal with that crap in Massachusetts...... not yet anyways.




[Modified by dc24me, 9:13 PM 8/9/2001]

 

No. They dont just look unless you let them. There is no grounds what so ever to determine there is justification for an under hood search.


Unless you say "Ok, Sure!"

 

Only your words makes the power. So if you say yes then they have the right to search if you say no they can't do shiet. Good luck damn i live in Cali too they that strict now?? Here in Daygo the street races aren't like that so far.

 

Well, when we got caught street racing, the officer let us konw that CARB numbers don't mean a thing. It might be smoggable, but it is still illegal. Then again, there have been officers that just look at CARB numbers and don't mind people having aftermarket parts. So, I guess it just depends on the officer..

California sucks.


[Modified by LeeChun GSR, 11:42 PM 8/9/2001]

 

No, it depends on the person getting pulled over.

You guys need to remember these cops are not EXPERT car technicians and dont know **** about CARB ****, and Turbo rules.

JUST SAY NO!!!!! They will play games with you to make you say Yes. "I will tow your car right no".....BULLSHIT!!! =Call them on it....thay just play mind games.

Tell them to write up the ****!ng ticket(if you were speeding etc...) and be on your way.

 

As a budding law school student, I looked into this during my brief stay in California

For those of us who are unfortune to have a hatchback 3 door Integra, a police officer does not need a warrant to search the trunk area, due to the exigent circumstance of "ease of accessibility". If one were to have an actual trunk, the only way that the cops could search it without a specific warrant is if the person were being arrested for something else. This is called "search incident to the arrest".

As for the hood poping, technically the only way that they could do that is if it were a road block that were set up simply for emissions. The precedent to this case involved a roadblock in a highway that was used to test emissions. But the roadblock was legally contested because the plaintiff felt that the search was interfering with a person's right to due process because the emissions check was taking too long. (The plaintiff lost because the judge felt that 5 minutes for an inspection was not long enough for someone to feel as though they were held against their will.)

Back to Us, now. You're right.. Most cops are not ASE certified to know what is illegal and what is not, unless they were to have a legal emissions roadblock or checkpoint that could show the emissions. Since most of us are getting pulled over without this checkpoint established, legally the officer has to have another reason to pull you over, like speeding, or illegal parking, or something stupid.. This is called a legal search and check incident to a violation. They usually will try to cite you, just so that you can go and fight for something they had no previous proof of accusing you of.

Next time you get pulled over, time them on how long it takes for them to "check" your engine. If they have no other reason to pull you over other than the engine check, and this check takes more than about 5 minutes, this can be dismissed in court, because it was not searched at a designated checkpoint, and for obstruction and you can sue them for vehicular profiling. (this means that basically because you LOOK like a fast car, they think you are automatically going to break the law.)
That is illegal.

I have an HKS Blowoff Valve on my Integra, and by Cali law, that is illegal because the released pressure is pushed into the atmosphere, and not back into the intake. But when I got pulled over, the cop didn't even know what it was, (Not to mention I timed his ***; he barely made the 5 minutes) plus I didn't care anyway because I made sure that I wasn't registered in the state....

Haha... [IMG][/IMG]

 

Solution: don't go street racing

 

if u do get pulled over for profiling go here to report it http://run.to/aclu
fremont is the worstest when it comes to profiling.....even in court judges r pretty messed up....they lived in a closed enviroment where it's either their way or whatever.....come on i went to court n people got ticket for something hangin in the rearview mirror?? that just plain stupid i would be pissed and they do profile racers

 

doesnt matter if you say yes or no. if you say yes they might let you go without a ticket. If you say no they're gonna cite you for every little violation. i.e clear corners, too low, modified exhaust blah blah. Thats why I quit street racing for good and took my car at the track.

 

can't help 4 streetracing if u do get caught doin that you rightfully deserve to get a ticket just for being there......on the other hand driving around a city just trying to get somewhere aka fremont they target anybody with an import and even modifeid domestics cause they believe they are breaking the law too or whatever....see 4 instance muah....i was on stevenson blvd i went to albertsons i saw a cop pull over some car already so whatever i get some grub drinks etc...and left albertsons....some reason the pig was hiding behind the bulding and waited for me to leave the parking lot n pulled me over 2 blocks away.....now teh first words that came out of his mouth was So how's it goin streetracer??? seems like profiling to me and harassment.....until more specific laws on modifed exhaust etc...are out we are assed out most of the time....even the sb1081 that just passed has loopholes around it...........as 4 me i hate driving around there think about it they could be goin the other side of traffic turn their lights on bust a u and go after you my friends have had that happen....even got a ticket for a stock gsr exhaust....it is total abuse of power there....they don't listen to reason there if u drive that kinda car you have no say that is their mentality.........hopefully one day they will get set straight and stop being so closeminded on targeting too much racers as all street racers well hopefully

 

Thats great unless your primary vehicle is a turbo modified integra and don't break the law, but still have to get to work!!

I know tons of people that went to Pomona last summer, on the one street with no way to turn around, they setup a roadblock and cited EVERYONE for EVERYTHING they had, confiscated cars etc... Don't give anyone the "take it to the track" because a LOT of people were and STILL got HASSELED going to the track to run their cars...

It's plain and simple REVENUE GENERATION, If they can cite you for something that will help generate some revenue, like a ticket, illegal exhaust, turbo etc... speeding, illegal lane change...they will...

REVENUE=JOB JUSTIFICATION

I try to keep out of trouble as best I can but bottom line is if they want your azz they will have it.. permission or not. How many people you know on this board want to go turbo but can't afford it?? Now how many of those same people have the money to fight the CH fkn P in court over a dozen bullshit violations??

not many.

 

I'm so damn glad I don't live in CA. One of the few positive things I can say about the south is that the cops don't give a **** about what you drive. Sure your car may draw more attention to you b/c its loud/flashy looking but they still won't pull you if you're not doing anything wrong. About that CARB stuff in an above post. Having a CARB # on the aftermarket piece means it is STREET Legal, esp. in Cali since it stands for California Air Resource Board! And Yeah, you can't just say "take it to the track" b/c most of the people in this post are talking about getting randomly pulled over. If I was busted for street racing, the last thing I would care about is if my header's street legal, I'd be trying to stay out butt pirate land!

Does anyone know a website or other resource that states laws about modified cars and such, for each state?

 

thank god I live in texas

honestly though, if a cop pulls me over for racing, I think that they should be aloud to do one thing, look in your engine bay to make sure that the engine number matches the chassis number, and if it doesn't have the paperwork to show that it is legal.

now I don't race, so I wouldn't get pulled over for that, but I know here in houston engine theft is a big issue with hondas, and if they could deter that by making sure that every engine is clean, I would be willing to wait the extra 5 minutes.

as far as a warrant, cops don't need a warant in all cases, probable cause is usually good enough, they just have to make sure that their probable cause will stand up in court!

 

I have found that It isn't even Fremont, but San Jose that has the worst. I got pulled over after making a wrong turn downtown. Had my girl and her friend in the car. The cop was on the opposite side of the street and saw my signal (That was pure white,) as I was turning, and the minute that I turned, he pulled right behind me.

When he saw the Michigan license plate, he started to bullshit me into trying to make sure that my car was actually mine. When I asked him why I was being pulled over, he sighed, and stated that my blinkers were not a "reflective Orange", and that I was illegal. When I explained that I had never been pulled over in Michigan, and that I'd had the lights for over 3 years, he stated that it was the same in Michigan, too (Like HE would know.) When I explained that many of the Audi and BMWs had white blinkers that were OE, he disagreed, and said that federally, the blinkers had to be Orange.. I was like, "yeah, whatever.." THen he tried to get me out of the car to look at what he was talking about, by flashing a light into another car that had OE orange....

In all he gave me a warning and said that even though HE would give me a break, the rest of his UNIT might not be so forgiving... I just left, and had never been pulled over in San Jose, since..

 

Or always drive with a doughnut in the trunk.. I don't mean the spare.

 

OK, this is enough. If you are still interested in this subject, post it in the members area. Thanks