Indolent

http://www.flexyourrights.org/busted...ed/movie_clips

saw this on my friends info, mostly just on searches though, i still thought it was interesting, site shows how we can use our rights with police encounters, too bad they don't have one with a ricer refusing to pop his hood or something car related

FaLKoN240

Just the ones about getting pulled over for contraband I think apply to being searched without consent.

Don't pop your shit!

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TurDz

Nice video.

Just from hearsay on this forum, are they allowed to pop your hood if they have a reason to, which they claim is something like a loud or large exhuast system?


I want to be clear on this. If I can refuse the serach, I will say exactly what the guy on the video said: "I don't consent to any searches, officer."

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spdfreek0o

Yeah, then they tow your car and you get stuck with the impound fee, towing, and they still pop your hood.

cotbu

that's called illegal search and seizure. They will either let you go, Get a warrant or have a dog search your car.

If your violation is an a loud exhaust that should be your violation. Why incriminate yourself, !0ooM your sheep.

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AllenRPS13

nice video! useful info!

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Indolent

i remember talking to an officer once

"The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation and particularly describing the place to be searched and the persons or things to be seized."

^quoted from the site on 'history of fourth amendment' on flexyourrights.org

from what he told me, he said if we have an exhaust, he has a reason to believe, there for it's probable cause which gives him the right too pop your hood or something like that, but i'm not sure if i'm interpreting that fourth amendment right, oh well whatever

R34SKYLINE

But I just read somewhere it is not illegal to have an exhaust other than stock exhaust (from the cat back) and then it only becomes illegal if it exceeds a cetain db and that most cops dont even carry the equipment to measure db of an exhaust.....

Indolent

it might not be illegal to have an exhaust but having an exhaust may lead to an officer thinking you have other modifications under the hood, that's where i was told it leads to probable cause

R34SKYLINE

Thats where the loop hole is for us if you know the facts an exhaust is only illegal according to what I've read if it exceeds a cetain db unless that cop can prove you infact have an illegal exhaust in accordance with the vehicle code book then you do not have an illegal exhaust and you should not pop your hood becasue unless he has a device to measure your db's and prove on the spot your exhaust is illegal you are not breaking any law, as far as probably cause goes just refference the vehicle code book on the laws covering exhaust modification, if the vehicle code book says its legal to have an exhaust then you can have an aftermarket exhaust, its only illegal if it exceeds a certain db so you can tell the cop to get on unless he has the proper equipment to measure it and that probably cause shit wont fly, you can make a probably casue for anything its just up to you to know the law and use refferences once you start doing that 9/10 the cop will leave you alone and say have a nice day....

TheSquidd

Having a lighter in your hand isn't illegal, and doesn't mean your an arsonist, and therefore, lighters don't make for probable cause. Modified exhaust is not illegal, and having it on your car SHOULDN'T be probable cause. I'm almost 100% sure any lawyer could get any and all evidence obtained from one of these searches thrown out, as long as you never consent to the search.

It's a bunch of crap, and unfortunately the ONE state that has the most events, shops and performance minded enthusiasts also has the MOST laws against them. I urge everyone concerned with this to write letters to SEMA, your senators and american businesses encouraging them to help stand up for your rights.

Yes. I know my modifications are illegal. I don't AGREE with them being illegal. Does an air filter REALLY hurt anyone? If I have a turbo, does a baby die? No.

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Siberian Husky

Lovin that analogy.

I have no idea how i would react if i got pulled over and was asked to get my hood popped. I would of course agree to do so and hope the officer is just really lenient or doesnt recognize modofications well..but i am prepared for the worst have have 1,000 saved to purchase a beater and a few months of liability insurance in case i get my car towed/red flagged and such..i'll admit to my illegalities..we all run this risk..i guess i just like to prepare for the worste

R34SKYLINE

They fuck with "drivers of import cars" specifically the race car ones in there words becasue they know they can bluff you about the law and you wont know the difference so educate yourself....

Its pretty much like this:
1) If your exhaust comes with some sort of approval your good to go

2) If your exhaust dosen't which is totally fine by law becasue people do replace old tired exhaust with crush bend shit your exhaust just cannot be louder than 95db I just looked it up

Modification of Exhaust Systems

27151. (a) No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of the vehicle so that the vehicle is not in compliance with the provisions of Section 27150 or exceeds the noise limits established for the type of vehicle in Article 2.5 (commencing with Section 27200). No person shall operate a motor vehicle with an exhaust system so modified.

(b) For the purposes of exhaust systems installed on motor vehicles with a manufacturer's gross vehicle weight rating of less than 6,000 pounds, other than motorcycles, a sound level of 95 dbA or less, when tested in accordance with Society of Automotive Engineers Standard J1169 May 1998, complies with this section. Motor vehicle exhaust systems or parts thereof include, but are not limited to, nonoriginal exhaust equipment.

27150. (a) Every motor vehicle subject to registration shall at all times be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise, and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device.

That right there should get you out of an exhaust pullover

BRB240

While operating a motor vehicle on a public highway you are required to comply with all vehicle equipment laws and a peace officer has the authority to inspect your vehicle to ensure that it is legal to drive upon a public highway. An equipment infraction is probable cause to intiate a stop and any officer is gonna be able to articulate that he or she believed of further equipment violations and thus an inspection was needed. The 4th does not apply because that would be reasonable with no warrant needed. An SR under the hood in California isn't the same as a kilo in the trunk. Different case law.

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TheSquidd

haha ^_^ It's true though, I pollute no more than the H2 driving down the freeway getting 4mpg while they flick trash out the window in front of a cop while he gets a tear in his eye for how great it is to truely be free in America.

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TheSquidd

A. ) Don't agree with the current Vehicle Equipment Laws. Part of my civil protest is doing what I can to avoid citation from them without limiting the way I choose to modify my vehicle. As well, I am also encouraging my company to pressure it's represenative organizations such as SEMA to lobby against these over the top laws.

If there were a law stating you had to wear a hat whenever it rained so you wouldn't get your hair wet, and the gel or hairspray chemicals wouldn't run off into the gutters, would you comply? If you don't agree with a law, fight it. This is America last time I checked.

B. ) I would have less of a problem with these laws, if they were equally enforced. Unfortunately they aren't.

Example 1. There are a lot of low-income people in my neighborhood/city that cannot, or will not spend money on repairing their exhaust systems. Almost daily someone drives by my house, muffler on the floor, spitting out black smoke. The fact that that person drives by my house daily, means that no one has stopped him and cited him for his infraction. If I were to drive around town in my 240sx, I would be stopped and cited by the FIRST police officer to see me.

Luckily, I live off of a freeway and never drive my car in city streets.

Example 2. I live in southern California, and not only southern California, but San Bernardino. Home of the Bro-hams, sons of rich parents that drive their excessively lifted trucks with open headers to the desert and make sure to throw every piece of trash out their window on the way there. I have seen police officers drive right by these trucks, some even roll down the window and throw out a thumbs up. My Nissan doesn't make HALF the noise these trucks do, nor does it impose near the danger to other motorists as I have a clear view all around my car without having to stick my head out the window and look down at the car next to me, a la the lifted trucks.

Example 3. A friend had a Fastback 67' Mustang. It wasn't pretty, it spit out VISIBLE smoke, made more noise than a freight train and he was constantly speeding in it. His car was pulled over dozens of times, only to be told how nice a car it was. He never recieved tickets in it, even when caught speeding.

I understand it's older than the 1974 smog rule, but it still doesn't make it right. Why do older cars not have to have mufflers or catalytic converters, yet I do? It's not a law I agree with.

Example. 4 Harley Davidson motorcycles. I don't think I need to say more, but these have got to be some of the loudest vehicles on the planet. Never once will they be ticketed though.

So why can one vehicle make excessive noise, yet my car can't have anything BUT a factory muffler in the back? Why is my car the constant attention of police and media, while no one bats an eye to these other offenders?

C. ) My exhaust does not exceed 95dbls. But I can guarantee if I am ever pulled over, I will recieve a ticket for it. I will have my hood popped. And my car will be impounded. I will be profiled as a street racer. I will be ridiculed by the police officers, I will lose my job because I will have no means of transportation. I will pay thousands, upon THOUSANDS of dollars all because I wanted a few extra horsepower. Does that REALLY sound fair to ANYONE?


My question is WHY? Why do we have these laws? To make the state money? To clean the air? To drive up American automotive business?

It's a stupid double standard.

I believe the 4th DOES apply. This is my private property. The 4th protects me against unreasonable search and seisure.

I do not believe having an exhaust is probable cause. It's LEGAL. Therefore the search of my private property , and the seizure of it is UNREASONABLE. That is my belief. Die in a fire you damn lawmakers.

Freeing people's slaves was illegal too. Saying bad things about the government still is illegal in some countries. Does it make it right? No. Did it stop people before? no. It wont stop me.

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exitspeed

In the area I line in it is illegal to have ANY moddified exhaust regardless of DB. That is what I have been told by numerous officers. Which is why when i purchase and exhause for my 240 it will be an ExMag because most cops won't look twice at it. I won't make the mistakes I did in the past with exhaust.

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drift-it

I agree with TheSquidd, why do guys with their old hot rods with completey built engines exhausts that are louder than shit get to just cruise on down the road and the only thing a cop will be doing to them is throwing up a thumb or two? Also everyone of us is a street racer??? I don't think so. The majority of us don't speed or do anything unless on the track. I'm pissed I recently got pulled over. When a cop flashed his spot light I continued to drive because it's not illegal to continue driving unless he's got his lights on and he didn't turn on his lights until he was behind me after I parked. He said(bullshit) that I was going 60 down the street running from him and all sorts of shit. And the only reason he didn't give me a wreckless driving ticket is because my dad came out and was like wtf is going on. Go bust drug dealers and rapists or the other bad people and give us a FUCKING BREAK!

exitspeed

You guys should try living in Milwaukee, WI, the home of Harley Davidson. HAhahaa. You'd all be pissed. They drive around with exhausts that are 10-15x louder then nearly any import car exhaust, yet because the cops here drive them...they don't get hassled one bit. I asked a cop once when i got pulled over for my exhaust...

"What about Harley's? Why don't you go give them tickets for loud exhausts?" His reply was, "We don't have time for that." I said, "OH BUT YOU HAVE TIME TO HARRASS ME EVERY MONTH!!!"

I was at my wits end at that point with the cops because it was the 4th month in a row I was pulled over for it, while not doing a damn thing. I sat there and gave that cop and earful, which made me feel better, but didn't solve the problem.

The only solution was for me to move out of that area, which I did as soon as I could. I got rid of my car and that was over 2 years ago...haven't been pulled over once.

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HyperTek

we got strict laws becuase there are soo many of us. I too have felt the wrath of cops. Ive been owned a few times, and I should be paying off my ref ticket this week, so from my last 2 tickets, that was over $900 bucks!!! Gee wiz I wasnt racing or anything, just driving at night, of course I happen to be travelling iwht my buddies who also drive modified cars, so we musta been street racing or gonna go do something illegal!!!!

Hey im all down with what TheSquad says about writing to Sema, and also very important people in our government, I might have to push this on my site tunerbase.com , maybe if we can colaberate with other sites to spread the word and get some magazines to contribute to it as well, it could help.

I feel yes illegal parts is illegal, but being pulled over for exhuast or popping your hood on the side of the road just shouldnt be deemable.

As long as people obey traffic laws, signal, and are courtious, vehicle meeting visual specs *visible license plates, proper lighting/turn signals* and not passed the decibel limit, should all be ok.

Yah i think loud exhuast is stupid too, esp those weld jobs.. I love my RSR, soo quiet. But yah.

If you guys can find the email addresses to some poeple in very high places, im sure we can push some sort of project to have people accross america *hopefully no one will think fuck california and not help us *email them regarding these maters, maybe we can get somewhere.

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TheSquidd

Governor's Office

Governor Arnold Schwarzenegger
State Capitol Building
Sacramento, CA 95814
Phone: 916-445-2841
Fax: 916-445-4633

To send an Electronic Mail please visit:
http://www.govmail.ca.gov

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FaLKoN240

TheSquidd has said everything I wish I could say, but usually lack the memory of my vocabulary to speak on. We need a way to state these obvious doulble standards so that we can fight back. I don't think any amounts of letters or anything like that will do any good. Unless there is a way to make money by helping us fight, no one is gonna help.

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TheSquidd

That is the kind of attitude that got us in this predicament. The American people have forgotten what kind of power they have over the government, and as consequence, they have lost a lot of their personal liberties, and continue to lose more as we speak.

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HyperTek

this reminds me of the illegal immigrant movements of recent.. lets all skip work and march the streets in our cars demanding rights! haha jk.

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kouki_s14

so whos down to write a letter to SEMA?

EDIT: so i always wondered, i went to the BAR ref a few months back because i got an exhaust ticket. the stock exhaust was on and i passed, but on the paperwork it doesnt say it was stock or modified. under make and model of exhaust it says UNKNOWN/UNKNOWN. It says my exhaust is LEGAL and it lists the DB rating and all. anyone think i can use the paperwork even though i now have my HKS back on?

exitspeed

That would work, but with as cheap as most people are on here I doubt they'd be whilling to miss work. I mean a days work is like a set of tires or something.

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