Can they do this??

[ALTRNTV]

A couple weeks ago, me and my friend (who drives a 97 Civic) were at another friends house just talking outside and having a good time. Both of our cars were parked outside (i have an 89 240sx hatch). While we were outside, this motorcycle cop comes up to us and asks us to sit down. In my head, i was thinking what the hell a motorcycle cop would be doing in a neighborhood? He had a bad attitude and he told us to sit down on the curb like we were criminals. He asked us if the cars were ours, and we said yes. He asked me to pop open my hood, so I do. He saw my intake (which was an Injen filter connected to my stock piping), he asked me where my CARB # was, and i told him i didnt have it. He then looks under the hood of my friends car, and my friend has the same thing, but with no CARB # either. He then asks us for our licenses and he writes our DL # down on a notepad. The cop then tells us that our intakes were illegal and that we are now considered street racers. He also said that we were now in the city computers as "street racers." So that the next time we get pulled over, our cars are going to get towed. Can he do that? We weren't doing anything but just talking when he comes to us. Labeled "Street Racers?" :eek: WTF?

[mrmephistopheles]

1. Call your State Senator and complain
2. Call that Dept's Public Relations and file a harassment claim.
3. Keep making a big stink about it to whomever you can.

Keep in mind that it'll be difficult to get people to listen, because people complain about cops unjustly everyday. What happened to you was profiling and harassment. That cop had no probably cause to search your car/look in your engine bay, etc. Granted - he ASKED you, and you let him, so it's ok that he did it - but that's after the fact that he stopped you without due cause.
Essentially, cops are allowed to do what they want, as long as they ASK. They can stop anybody and ask them anything, however, that person doesn't have to do ANYTHING if they don't want to, and if the cop has no probable cause OTHER than your refusal, they can't do anything about it. You've got to be careful, because cops are experts at FINDING probable cause.

Anyway, more than likely it's a scare tactic. Go to your local PD and tell them you recently got pulled over and was told by the cop (even though you weren't doing anything) that you were street racer. Ask them wtf that means, since you don't street race. I'd love to hear the answer they give you.

[SilviaDriver]

should of gotten his badge number. it is illegal for them to cover that up.

[Heartwork]

Keep in mind that it'll be difficult to get people to listen, because people complain about cops unjustly everyday. What happened to you was profiling and harassment. That cop had no probably cause to search your car/look in your engine bay, etc. Granted - he ASKED you, and you let him, so it's ok that he did it - but that's after the fact that he stopped you without due cause.
Essentially, cops are allowed to do what they want, as long as they ASK. They can stop anybody and ask them anything, however, that person doesn't have to do ANYTHING if they don't want to, and if the cop has no probable cause OTHER than your refusal, they can't do anything about it. You've got to be careful, because cops are experts at FINDING probable cause.


half and half true....
I asked my friend's dad who is a Lieutanant up here in Norcal and he says cops can come up to you and ask anything...It is your duty to know your rights.

However, if you were in a bad part of a neighborhood, late at night, popular spot for drug dealing and vio-lence etc, then the cop DOES have probable cause to search you and your car....but if it was in a super nice area, day light, no crime anywhere nearby, and he still asked to search you,then that would be a different story because you gave up your rights to the officer (no probable cause unless a stolen car description is similar to your car)...i forgot exactly what this approach is called, but something along the lines of "friendly civilian approach" ??

[ALTRNTV]

However, if you were in a bad part of a neighborhood, late at night, popular spot for drug dealing and vio-lence etc, then the cop DOES have probable cause to search you and your car....but if it was in a super nice area, day light, no crime anywhere nearby, and he still asked to search you,then that would be a different story because you gave up your rights to the officer (no probable cause unless a stolen car description is similar to your car)...i forgot exactly what this approach is called, but something along the lines of "friendly civilian approach" ??

it was daylight, around noon-time, and my friend's neighborhood isn't crime infested, it's a good neighborhood, and we were just outside talking, we weren't doing anything illegal such as drinking (we're underage), smoking, or any of those things, we were just having a good laugh and some talk, but me and my friend in the civic are gonna go down to the station one day and ask them if we really are in the system as street racers

[doriftokouki]

Cops do b.s. like this all the time, my boss was in his driveway with his rx7 and his neighbor called the cops because of how loud it was idling, cop came the car was off he walked into the driveway told him his exhaust is too loud and gave him a ref ticket while he was washing the car, we checked this out with other local pd from different areas and the cops can go anywhere a postman can go and give you a ticket, even your own driveway. If your car is registered and has illegal parts on it then you can get a ref ticket and his car now has to be registered for show use. We were at the old shop location hanging out with a bunch of people everyone over age on private property, someone called and said we were having a aprty in the middle of teh business park or racing or something, the cops came and said we were running a circuit around the entire business park and for everyone to leave the premesis (private property) and if they saw us in the city the same night somewhere else cars will be towed, two days later they came by the shop and checked vins on all of our motors making sure we werent running a chop shop. About a month ago i was coming home from l.a. after meeting up with some people, we were going to a popular spot for mountain runs so i guess the cops hang out alot, anyways they told me turn on your brights cuz they thought it said in the driving manual to turn on your brights if you have a headlight out, so i do it, we go to the spot come back everything is ok then I drive all the way back to San Diego passing chp and everything no problem, then I am a block away from my house after driving an hour and a half and a cop pulls me over for having my brights on, and tells me it blinds people blah blah blah, and I told him I did it because I saw my headlight was out so he then gave me a fix it ticket and said since I was trying to do the right thing he wouldnt write me up for driving with my brights on, is it a crime to drive with yoru brights ? I had no idea, anyways, then his partner looks at my exhaust, shines his light and says "he hallowed the cat" "you can only get that sound from hallowing the cat", I was like wtf...I have a bone stock ka with stock intake and everything and the only thing on the car is California Legal Espelir exhaust, no I did not hallow the cat I said, I then am asked to pop my hood, and since the exhaust was the only problem with the car he said he would let me go without sending me to the ref for the exhaust and just warned me to get it fixed, I told him I had papers saying teh exhaust is legal he said there is no way it is legal and said anything that makes your car sound louder is illegal, so I went home, whatever its just a fix it ticket. Two weeks ago we went and hit a spot down in south sd for a few minutes, I parked my car cuz I felt the spot was shady, then the two other cars parked, we were sitting there parked and some cops came with like 7 cars and one suv searched the entire area looking for the rest of the street racers, we all were there with our cars parked and the cops searched everyones cars popped everyones hood and put everyone in the back of the cop cars while they concluded there investigation, even the passengers, they had nothing on us so they did a field report took all of our pictures and gave all three cars modified exhaust tickets, even a bone stock s14 with bone stock exhaust, because it has two tips it must be modified, after two hours I go home at 3:30am giving my friend a ride home cuz his stock ae86 was impounded for an expired day pass, he got his car back went to the ref, ref passed the car no problem, I went to teh ref and he wont pass my car because my check engine light is one and it turns out the "absolute pressure sensor"(map) has a problem so he wont pass it even though my car ran clean as fuck, I gave him teh papers saying my exhaust is legal he told me he could care less about the exhaust and he just needs to smog my car and get 30 bucks, all this trouble and all I have is exhaust...Whoa speak of the devil there is a cop car with his lights on right by my car as we speak...dayum I wonder what my parked car did this time...see link below to see a picture of what is happening right now as I am typing this!

http://f2.pg.photos.yahoo.com/ph/koukisilvia/detail?.dir=/b132&.dnm=18d3.jpg

[nocomedown]

damn california is a shitty state. since when is it illegal to have a modified car? i havent heard of anyone around here having any problems like that. all of this is just ridiculous.

for the guy who started the thread: i would imagine for you to be classified as street racers, you would actually have to be street racing...maybe i'm just using too much common sense here though

[Salty_X]

Damn, Southern California is a shitty part of the state.
There we go.

Sucks about your situation (DoriftoKouki's too). I've never had to deal with this so I don't what to do. My suggestion would be to go to the local department and raise hell. Throw the word "harassment" around...

[ALTRNTV]

Blah, me and my friend are gonna go to the station on Monday to go ask about this, i'll let you guys know what happens

[Phlip]

All these stories come from California residents... You guys pay no less than $0.50 MORE for gas, can't get 93 octane and the cops greet you daily with an allowed code of bullshit. All of this fortifies my absolute lack of desire to ever reside in California.

[zero.counter]

This whole cali thing sucks big kahunas. My cars would be owned as soon as I entered the state. I guess it pays to, "wear cowboy boots, round up cattle, get sum pecan pie, and say ya'll all the time". :)

[OptionZero]

As I understand it, they can't look under your hood or search your car unless you let them. They can ask, but you do'nt have to do it. They need a warrant to search you, don't they?

[MakotoS13]

damn california is a shitty state. since when is it illegal to have a modified car? i havent heard of anyone around here having any problems like that. all of this is just ridiculous.

for the guy who started the thread: i would imagine for you to be classified as street racers, you would actually have to be street racing...maybe i'm just using too much common sense here though

we live in texas AKA "the land of glass packs, gutted cats, and dumped mustangs". i've never given a cop attitude but if i were ever harrassed for having a modified car i'd get his badge number and let him know how irritated i was that he wasted my time with petty bullcrap.

[WilloW]

we live in texas AKA "the land of glass packs, gutted cats, and dumped mustangs". i've never given a cop attitude but if i were ever harrassed for having a modified car i'd get his badge number and let him know how irritated i was that he wasted my time with petty bullcrap.

IIRC Texas and a few other states is going to start enforcing smog laws and testing equipments similar to California in the future.

[Phlip]

we live in texas AKA "the land of glass packs, gutted cats, and dumped mustangs".
I want you to come to North Carolina. When you get here, I want you to live less than 10 minutes from the closest dragstrip in a 1 hour radius in any direction, just like me. I get the glasspack'd mustangs, the 5" dual exhaust V6 camaro, the big rice civic, the 7-second in the 8th mile 72 beetle and the 49 mercury passing by my house EVERY saturday...

[nocomedown]

we live in texas AKA "the land of glass packs, gutted cats, and dumped mustangs". i've never given a cop attitude but if i were ever harrassed for having a modified car i'd get his badge number and let him know how irritated i was that he wasted my time with petty bullcrap.
hahaha yeah i hear that. i cant sit at a stoplight without seeing 3 mustangs. im also extremely sick of all of the teenagers around here with lifted pickups who think theyre cool and fast because they have a loud exhaust and 35" subs. cops around here have more things to worry about than whether or not my car has an intake.

[Wei240]

your car is parked (not moving) and you weren't in it, so no, he doesn't have the right to tell you to open the hood and shit, it could be a show car, a large paper weight, you 'may' have misplaced the keys,... that cop is just an ass... complain to his supervisor, racial profiling, discrimination, call johnny cochran

*edit, yeah, he may ask you to, and in which you comply, but they can't force you to...

[ALTRNTV]

i forgot to add, me and my friends are pacific islander (filipino) and the cop was white

[ge0man]

jesus christ.

[nightwalker]

I motion all us Zilvians get together and clarify what are RIGHTS really are. Especially the California residents. Someone has to know a lawyer who can clarify the law and help us out. It would help the community out immensely, as well as being a good sticky

[fastbacchris]

:fawk2: "NWA - fuck the police"

[mrmephistopheles]

half and half true....

Nah, Reread what I wrote. I said it IS okay for them to stop you and ask yo uwhat they want.
However, the degree of questioning and interrogation they endured is beyond the scope of a field interview. They were profiled for being potential street racers. They were questioned SPECIFICALLY about their cars. The cop had no other interest in anything but them and the legality of their cars.
Essentially, a field interview is designed to gather info on a crime that's occured, or potential crimes. It's common for them to ask people where they've been, what they've seen, etc. It's useless to inspect their cars and tell them they're street racers. That cop is wrong. He's using the right approach, but in the wrong way.

[MakotoS13]

IIRC Texas and a few other states is going to start enforcing smog laws and testing equipments similar to California in the future.

yeah and once a year a magic rabbit hides eggs fofr kids all over the world to find ;)

i'll believe it when i see it

[Heartwork]

Nah, Reread what I wrote. I said it IS okay for them to stop you and ask yo uwhat they want.
However, the degree of questioning and interrogation they endured is beyond the scope of a field interview. They were profiled for being potential street racers. They were questioned SPECIFICALLY about their cars. The cop had no other interest in anything but them and the legality of their cars.


thats why i said its a different story when the cops come up and ask questions about the car when there is no related crime or suspicious activity nearby......cops can come up to anyone and ask anything, but the guy who posted could have just rejected and said no....he basically gave up his rights on the spot...

[Phlip]

The worst thing I think he would be able to do is to give you a fix it ticket to either produce the CARB number or remove the illegal parts, but to "place you on file as street racers" is just assenine. Of course you did't get a name or badge number or none of that shit, did you. Make sure you ask for that information from any cop that ever stops or approches you and ask for it early in the exchange, just in case some bullshit takes place... Now you don't have a legal leg to stand on not knowing the name of the cop that has your information, while having agreed to a visual inspection of your car you didn't have to submit to.

[citizen]

mispelling assenine is asinine. :hahano:

[ALTRNTV]

I motion all us Zilvians get together and clarify what are RIGHTS really are. Especially the California residents. Someone has to know a lawyer who can clarify the law and help us out. It would help the community out immensely, as well as being a good sticky

:bigok:

i agree.. especially in this grand state of california

[kcolyer27]

Im pretty sure their not allowed to make you pop your hood without a search warrant. A cop asked me to pop my hood and i said no.

[Heartwork]

Im pretty sure their not allowed to make you pop your hood without a search warrant. A cop asked me to pop my hood and i said no.

in California, they can ask you anything....its just up to you if you know your own rights

[JtWo]

buh buh buh bullshit

[ALTRNTV]

buh buh buh bullshit

are you saying that what I said is BS? or how the cop handled it?

[SilviaDriver]

we had a talk bout rights before...and Lindsay posted up something bout cops popping ur hoods.

he talked to a cop friend of his or watever and posted wat they talked about.

[Phlip]

in California, they can ask you anything....its just up to you if you know your own rights
That is the way it works EVERYWHERE... I have, at least 3 times, retorted to the question "do you mind if I search the car?" with "Sure, soon as you show me a search warrant..." to be met with...
....


... NOTHING.
Your right is to not be victim to an assholish abuse of power, and you have the right to request to see a search warrant in response to a request for a search, simple enough.

[Burmonster]

That is the way it works EVERYWHERE... I have, at least 3 times, retorted to the question "do you mind if I search the car?" with "Sure, soon as you show me a search warrant..." to be met with...
....


... NOTHING.
Your right is to not be victim to an assholish abuse of power, and you have the right to request to see a search warrant in response to a request for a search, simple enough.


Exactly. I have denied police entry to my apartment while having a party twice now because they could not produce a search warrant. All they do is stare at you awe struck that you actually know your rights.

[psychedelicbeats]

it is all based on the benifit of the doubt