View Full Version : Injen Cold Air Not Legal??
HEATHE
08-30-2007, 07:52 AM
I got pulled over last night and cop made me pop my hood and gave me a ticket for some of my illegal stuff but then threatened to also give me a ticket for my injen intake? it has carb legal sticker was he just yanking my chain or was he for real. in total he cited me for 5 things. but not the intake.so my car is in impound for 30 days
ThatGuy
08-30-2007, 08:06 AM
It's all part of the Zilvia.net underground, out to get you. We informed the Police of your shitty reputation, so they pulled you over to harass you.
If you didn't get a ticket, it must not really be illegal. What were the other 5 things you got sited for, and got your car impounded for?
!Zar!
08-30-2007, 09:11 AM
Your car must've had some major things going wrong to get it impounded.
OptionZero
08-30-2007, 09:35 AM
why are you worried about what he DIDN'T cite you for? shouldn't your ass be working overtime to pay overtime feeds or researching the law to see how to get ur car out of impound?
injen's website has an EO number for their shit, it took like 30 seconds to find
95Blue240sx
08-30-2007, 10:19 AM
DAMN its going to cost you like 1200 to get your car out of impound at the end of the 30 days. That shit aint free to store...
daryl337
08-30-2007, 10:22 AM
at least that... and there are times where they will release the vehicle to you with the modifications taken off.. so if you have an engine swap, you might get to keep a rolling chassis. I've heard horror stories of them smashing cars. *scared*
johngriff
08-30-2007, 10:28 AM
Dont pop your hood.
Its unconstitutional in principal, though the constant manipulations of our civil rights occurring DAILY by junk interpretation by the courts, you can still REFUSE.
He wont waste the time to pull a warrant.
Wake Up.
http://www.youtube.com/watch?v=yqMjMPlXzdA
KA24DESOneThree
08-30-2007, 10:36 AM
Actually John, it is legal provided he has reasonable cause to believe the vehicle is running illegal modifications. To our anti-modification courts, that can be as simple as an aftermarket exhaust or gauges.
They don't need much, and often a refusal is considered to be a sign of guilt. I have heard of cars being impounded after the refusal but I have no proof to back the claim.
johngriff
08-30-2007, 10:38 AM
Then its an illegal impound.
Illegal modifications are only to noise producing devices, all others fall under CARB code which there is NO ground to open the hood to inspect for modifications. Probable cause is not a warrant. (carb is a cali issue, it may differ in your state, but you can still say NO)
I have refused, the cop has walked away, you just have to stand your ground.
UfoZ8myCow
08-30-2007, 10:50 AM
Ive actually discussed this with a Sheriff here in LA and he told me that probable cause is reason enough for them to pop your hood. Its the same as any other vehicle search. If they pull someone over who looks shady and twitchy, they have every right to search the car for drugs. Same goes for hood popping. If they see a bunch of gauges or hear a blow off valve, they have every right to pop your hood and see whats going on under there.
You *can* refuse to let them do the search, but then they are well within their rights to impound your car for up to 30 days or until they obtain a proper warrant to search the car (and the cop told me if youre going to be a dick about it and try to refuse him, he's going to be a dick right back and make sure he doesnt get that warrant until the 30th day of your impound).
To the original poster... I think you arent telling us something. You could be running an RB26 swap with every crazy ass mod you can think of and they still wont impound your car *just for that. Theyll just send you to the state ref. So my guess is that you were probably being an idiot and doing something really dumb, then he popped your hood and found a bunch of illegal shit, then he just said "Fuck this guy" and towed your car. Right?
KA24DESOneThree
08-30-2007, 10:51 AM
A police officer needs only to believe there is probable cause. That belief is the sole thing a judge needs, as the police officer is a "professional" and his feelings on a legal subject such as that are "educated."
Our courts suck, I agree.
By the way, the times I've been asked to pop my hood, I have. I have nothing illegal and am proud of it.
UfoZ8myCow
08-30-2007, 10:55 AM
By the way, the times I've been asked to pop my hood, I have. I have nothing illegal and am proud of it.
I got pulled over in my Camry (3SGTE engine swap, turbo upgrade, FMIC, BOV, huge exhaust, etc) for speeding once and I had a little flight switch on my dash near the door that wasnt connected to anything (used to be for foglights). The cop looks in and sees all my gauges and then sees the switch and goes "What's that red switch for? Nitrous? Do you have nitrous in this car? You know that's illegal on the street right?"
My response- "Oh no officer, I dont have anything like that... There is no amount of nitrous that will ever make a Camry fast." :keke:
He let me off. :fawkd:
johngriff
08-30-2007, 11:11 AM
I got pulled over in my Camry (3SGTE engine swap, turbo upgrade, FMIC, BOV, huge exhaust, etc) for speeding once and I had a little flight switch on my dash near the door that wasnt connected to anything (used to be for foglights). The cop looks in and sees all my gauges and then sees the switch and goes "What's that red switch for? Nitrous? Do you have nitrous in this car? You know that's illegal on the street right?"
My response- "Oh no officer, I dont have anything like that... There is no amount of nitrous that will ever make a Camry fast." :keke:
He let me off. :fawkd:
LOL.
Probable cause is something more of an accessory crime like street racing compounding probable cause. The F'd Part about illegal modifications falling under CARB is that, even if you DO prove that the search was performed illegally, because CARB is not criminal, but "administrative" the illegal search point is a moot one. I am simply advising to refuse all searches, because you can, and you will turn away the majority of attempts.
Now, if there is NOTHING to impound your vehicle on, hence, your tags are good, no warrants, you have insurance, you were not breaking the law otherwise, then it is ILLEGAL to seize your property (car). Try NOT breaking other laws. The reason cops target young kids, is because they know they can ride roughshod all over you, because you DO NOT KNOW, OR STICK TO YOUR RIGHTS. That sherrif was just being a hardass, once again attempting to scare you into submission.
HEATHE
08-30-2007, 12:36 PM
he got me for non legal header, modified exhaust, no front absorbers on my bumper,smoke lenses, and a crack in my windshield said he could get me for more but he didnt have the time. so here i am stuck
MrChow
08-30-2007, 01:07 PM
Question?? How loud is your exhaust?? or what exhaust do you have?
95Blue240sx
08-30-2007, 01:09 PM
I tell you people time and time again. The COPS will seize your car for smoked lights
OptionZero
08-30-2007, 01:12 PM
LOL.
Probable cause is something more of an accessory crime like street racing compounding probable cause. The F'd Part about illegal modifications falling under CARB is that, even if you DO prove that the search was performed illegally, because CARB is not criminal, but "administrative" the illegal search point is a moot one. I am simply advising to refuse all searches, because you can, and you will turn away the majority of attempts.
Now, if there is NOTHING to impound your vehicle on, hence, your tags are good, no warrants, you have insurance, you were not breaking the law otherwise, then it is ILLEGAL to seize your property (car). Try NOT breaking other laws. The reason cops target young kids, is because they know they can ride roughshod all over you, because you DO NOT KNOW, OR STICK TO YOUR RIGHTS. That sherrif was just being a hardass, once again attempting to scare you into submission.
Probable cause is not a warrant, but cops don't need a warrant. "Exigent circumstances" mean that when there is a risk of:
1. Danger to public safety
2. Danger to law enforcement officials
3. loss of evidence
Probable cause is sufficient to justify a search. In the case of hoodpopping, you're fucked because a car is, itself, an exigent circumstance under #3. Pretty much any vehicle is considered a risk of loss of evidence, even a BOAT pile of bricks in your drive way could be classified as a vehicle and therefore a risk of fleeing. Yeah. Fucked, but what can you do.
A stop requires reasonable suspicion. A visual mod like an exhaust supplies that suspicion.
The cop stops you, and confirms theres an exhaust that's illega- that gives rise to the presumption that there might be other vehicle code violations, such as under the hood. That's probable cause to search the rest of the vehicle....like under the hood.
Regarding the impound, that falls under the "caretaker function" of the law enforcement agency. Your car is evidence, they can take that evidence and park it away for its own "safety". While it's stored, they have free game to go through it and piss all over your interior. Like a search, a seizure also requires only probable cause, especially when it's something mobile.
If a cop let you go for it, it's because he was too lazy to fill out the forms. That's actually a reasonable defense to rely on because there are alot of lazy cops...but a cop that was truly intent on screwing with you would be legally justified to do so.
HEATHE
08-30-2007, 01:21 PM
exhaust isnt too loud had the silencer in. end of month i guess.lenses were not painted they were aftermarket. i dont know havent had any luck with that car
OptionZero
08-30-2007, 01:24 PM
if you can't get the 240 out of impound, will you leave zilvia?
Quigs
08-30-2007, 01:33 PM
^^ Hahaha.
I agree, it seems like you did something stupid to get your car impounded. Here at least, if you aren't speeding or anything, you will never get the car impounded. You have to be doing something really, REALLY dumb. No matter how many mods you have.
a crack in your windshield are you kidding me.
A Spec Products
08-30-2007, 02:07 PM
he got me for non legal header, modified exhaust, no front absorbers on my bumper,smoke lenses, and a crack in my windshield said he could get me for more but he didnt have the time. so here i am stuck
Hmmm
That seems very odd that he would impound it just for that
Did you give him attitude or something?
HEATHE
08-30-2007, 02:08 PM
nope... fresno cops just dont like imports. after a couple of crashes from illegal racing involving innocent people and killing some of them the fresno police chief started waging war with the import scene out here. so now if you are in the wrong place at the wrong time they will get you for what ever they can. tint, too low, too loud just what ever they can find
UfoZ8myCow
08-30-2007, 02:13 PM
Probable cause is not a warrant, but cops don't need a warrant. "Exigent circumstances" mean that when there is a risk of:
1. Danger to public safety
2. Danger to law enforcement officials
3. loss of evidence
Probable cause is sufficient to justify a search. In the case of hoodpopping, you're fucked because a car is, itself, an exigent circumstance under #3. Pretty much any vehicle is considered a risk of loss of evidence, even a BOAT pile of bricks in your drive way could be classified as a vehicle and therefore a risk of fleeing. Yeah. Fucked, but what can you do.
A stop requires reasonable suspicion. A visual mod like an exhaust supplies that suspicion.
The cop stops you, and confirms theres an exhaust that's illega- that gives rise to the presumption that there might be other vehicle code violations, such as under the hood. That's probable cause to search the rest of the vehicle....like under the hood.
Regarding the impound, that falls under the "caretaker function" of the law enforcement agency. Your car is evidence, they can take that evidence and park it away for its own "safety". While it's stored, they have free game to go through it and piss all over your interior. Like a search, a seizure also requires only probable cause, especially when it's something mobile.
If a cop let you go for it, it's because he was too lazy to fill out the forms. That's actually a reasonable defense to rely on because there are alot of lazy cops...but a cop that was truly intent on screwing with you would be legally justified to do so.
Thank you... Exactly what I was trying to say, except you worded it a lot better.
if you can't get the 240 out of impound, will you leave zilvia?
Hahahahahaha. :keke:
OptionZero
08-30-2007, 02:32 PM
Thank you... Exactly what I was trying to say, except you worded it a lot better.
Well, I did get a C in Criminal Procedure. Boo ya.
TiNMAN
08-30-2007, 03:56 PM
howd they know there was no front absorber? are we talking about the styrofoam or the reinforcement? you must have been driving like a dipshit. are you really 34??? :ugh:
30 days at the impound = $$$
HEATHE
08-30-2007, 04:13 PM
hey just so everybody out there that isnt listening because their crash helmets are on too tight. the crack in the windshield is why he pulled me over. not for speed or any other reason. old fat cop had nothing better to do so he held me out there for over an hour just looking for shit to bust me on so loosen up the chin straps guys.
Sidewayzzz
08-30-2007, 04:16 PM
Guys, flame me or whatever, but I have a stupid question I'm probably going to get negative repped for.
I like to goto cali, been going steady for the past two weeks, this week I may be taking my 240 up there (which is registered in nevada, etc .. all legal) I have a greddy sp 2 exhaust on it, which is loud enough to get attention. Being that I'm not registered in cali, can a cop who is on a power-carb-trip harrass/ticket me for modifications?
OptionZero
08-30-2007, 04:16 PM
our chinstraps are just fine for driving our non-impounded cars
sucker
OptionZero
08-30-2007, 04:19 PM
Guys, flame me or whatever, but I have a stupid question I'm probably going to get negative repped for.
I like to goto cali, been going steady for the past two weeks, this week I may be taking my 240 up there (which is registered in nevada, etc .. all legal) I have a greddy sp 2 exhaust on it, which is loud enough to get attention. Being that I'm not registered in cali, can a cop who is on a power-carb-trip harrass/ticket me for modifications?
Can they fuck you? Yes, because even if you are legally innocent, the cop can do whatever they want. Your remedy in court would only occur after the fact, when you go to court and fight the ticket.
Now, if you didn't drive like a dick or have cracks in your windshield, you could probably slip under the radar.
Practically speaking, even if you get a ticket, so what? They aren't gonna mail you a ticket out of state, how could they even touch you unless ur frequently in CA
HEATHE
08-30-2007, 04:23 PM
yep 1 of my 3 cars impounded so what no big deal s14 is a toy for me
LB.Motoring
08-30-2007, 04:25 PM
If you dont drive like a dick,
my buddy has been rocking Texas license plates for 5 years.
Not one problem,
maybe its because he doesnt drive like a dipshit.
ThatGuy
08-30-2007, 04:27 PM
I already explained it. Cops can see your Zilvia reputation on their RADAR.
He saw you were trouble by all the red squares and pulled you over. He kept you there for an hour to show you how annoying it is when people constantly ask stupid questions.
VROOOM
08-30-2007, 04:38 PM
Can they fuck you? Yes, because even if you are legally innocent, the cop can do whatever they want. Your remedy in court would only occur after the fact, when you go to court and fight the ticket.
Now, if you didn't drive like a dick or have cracks in your windshield, you could probably slip under the radar.
Practically speaking, even if you get a ticket, so what? They aren't gonna mail you a ticket out of state, how could they even touch you unless ur frequently in CA
I went to lake havasu for spring break a while ago and one of the guys with us got a open container ticket and had to drive back to havasu just to get it taken care of or he was gonna get a warrant. so they probably can give you a ticket and make you come back to cali to fix it
Sidewayzzz
08-30-2007, 04:40 PM
Whoa option, me and the OP are two different people. I was just wondering if for instance, they thought my exhaust was too loud or something retarded like that, can they give me a CARB-type ticket, IE Modified Exhaust/Suspension/etc (those bullshit laws CA has, that NV doesn't), or even worse a ref ticket.
Dripht240
08-30-2007, 04:42 PM
well it seems to be cops everywhere cause the cops... well a cop in my town is a dipshit and has pulled me over a few times for the dumbest things.... first time, i was just driving, just got the car registered and didnt have the front plate bracket. the thing wasnt even lowered or modded yet and i had to put the plate in my windshield.... gave me shit for that... second time it was 700 and i was going home for the night and he pulled me over again for a silenced muffler and threatened to tow my car when i asked him if he pulled over other imports in town. its nice to know that im not the only one some cops have nothing better to do than harrass us and give us shit whatever happened to "protect and serve"??
nissanguy13
08-30-2007, 05:01 PM
Guys, flame me or whatever, but I have a stupid question I'm probably going to get negative repped for.
I like to goto cali, been going steady for the past two weeks, this week I may be taking my 240 up there (which is registered in nevada, etc .. all legal) I have a greddy sp 2 exhaust on it, which is loud enough to get attention. Being that I'm not registered in cali, can a cop who is on a power-carb-trip harrass/ticket me for modifications?
Being in the military and most of my friends having out of state plates, I've never seen/heard of a cop (at least in San Diego) ever stopping them for suspicion of illegal mods, dark tinted windows etc. Maybe they are just lucky, or the cops don't feel like messing with them due to not being a California resident I don't know. And I know a lot of cars that are slightly/heavily modified with out of state plates.
Secondly I recently purchased a trans am that is louder than any import I've ever heard. It's got no cats, egr, long tube headers etc, and the exhaust smells like raw fuel. I pass cops all the time and never get stopped, so that proves that cops down here are hunting for imports
I was never stopped in my sr'd hatch with a silvia front clip. (And it stuck out due to the front end being a different color then the rest of the car, a loud ass exhaust and atmospherical BOV.)Then again I didn't act like I was on a race track everytime I drove either.
Either way I agree with all the people that said you were probably doing something stupid or got smart with the cop due to the heavy sentence.
HEATHE
08-30-2007, 05:15 PM
Being in the military and most of my friends having out of state plates, I've never seen/heard of a cop (at least in San Diego) ever stopping them for suspicion of illegal mods, too dark of tinted window etc. Maybe they are just lucky, or the cops don't feel like messing with them due to not being a California resident I don't know. And I know a lot of cars that are slightly/heavily modified with out of state plates.
Secondly I recently purchased a trans am that is louder than any import I've ever heard. It's got no cats, egr, long tube headers etc, and the exhaust smells like raw fuel. I pass cops all the time and never get stopped, so that proves that cops down here are hunting for imports
I was never stopped in my sr'd hatch with a silvia front clip. (And it stuck out due to the front end being a different color then the rest of the car, a loud ass exhaust and atmospherical BOV.)Then again I didn't act like I was on a race track everytime I drove either.
Either way I agree with all the people that said you were probably doing something stupid or got smart with the cop due to the heavy sentence.san diego and fresno is like to worlds apart so speak for san diego but not for fresno. i have lived all over cali my whole life never have i had problems like her not one ticket until now no speeding i save that for a track had a friend that was killed by a stupid ass racing on the street so if you think that you have to be doing something to get pulled over you really should get your head out of your ass.if i was doing something stupid i would say so.if i was doing something wrong he would have gotten me for that to dumb ass
nissanguy13
08-30-2007, 05:32 PM
san diego and fresno is like to worlds apart so speak for san diego but not for fresno. i have lived all over cali my whole life never have i had problems like her not one ticket until now no speeding i save that for a track had a friend that was killed by a stupid ass racing on the street so if you think that you have to be doing something to get pulled over you really should get your head out of your ass.if i was doing something stupid i would say so.if i was doing something wrong he would have gotten me for that to dumb ass
I'm sorry I forgot to add my life story. I have lived in different places/areas of California also. I have never been pulled over in any type of car unless I was doing something illegal or stupid (i.e speeding, racing, run stop sign, etc) and Ive pretty much driven purely imports my whole driving career until recently. I frequently drive from San Diego to Sacramento and yet never got harrassed in your area.
I guess the man just wants to hold you down. I would complain to your congressman.
Quigs
08-30-2007, 07:00 PM
san diego and fresno is like to worlds apart so speak for san diego but not for fresno. i have lived all over cali my whole life never have i had problems like her not one ticket until now no speeding i save that for a track had a friend that was killed by a stupid ass racing on the street so if you think that you have to be doing something to get pulled over you really should get your head out of your ass.if i was doing something stupid i would say so.if i was doing something wrong he would have gotten me for that to dumb ass
Where did you go to school??? Your grammar and typing skills are all kinds of fucked up.
Bottom line: You suck and your car got impounded. Boo-fuckin'-hoo.
OptionZero
08-30-2007, 08:12 PM
yep 1 of my 3 cars impounded so what no big deal s14 is a toy for me
yeah, but it was a big enough deal for you to cry to us about it
shut the fuck up man
being a dumbass owner of 3 cars isn't something to brag about
UfoZ8myCow
08-30-2007, 08:17 PM
Where did you go to school??? Your grammar and typing skills are all kinds of fucked up.
Bottom line: You suck and your car got impounded. Boo-fuckin'-hoo.
Seriously, I gave up trying to read his posts a while ago.
http://www.teeful.com/photos/ABC-1-0.jpg
s13gold
08-30-2007, 08:40 PM
you got a ticket for numerous things; NOT including the intake so therefore, it must be LEGAL; dont worry about it.
!Zar!
08-30-2007, 09:39 PM
yep 1 of my 3 cars impounded so what no big deal s14 is a toy for me
Way to bust out the good ol e-penis.
projectRDM
08-30-2007, 09:43 PM
Seriously, I gave up trying to read his posts a while ago.
http://www.teeful.com/photos/ABC-1-0.jpg
Amen. All I got from this thread is a headache and crossed eyes.
I LOVE when cops crack down on these fucking kids, the more the merrier. I don't care what you're pulled for, you're part of a scene that the true enthusiast does not agree with and you're only adding to the problem. Impound and crush every fucking one of them, it leaves the real World people free and clear of little piss ant trolls who try to drive hard and give all other car enthusiasts a bad name. I wish they'd do it like that everywhere, that way when I drive my car to a track I don't have thirty fucking bumble bee honda kids trying to race me in the Home Depot parking lot while drifting into shopping carts.
10 years ago, no one complained about ghey ass shit like this because it didn't happen, or they deserved it and sucked it up and took the punishment like a man. 'HEATHE' and his posse of wannabe drifters who have flooded our forums are fucking crybaby pussies who can't handle a little discipline. Your parents should be beaten with a rubber hose for not teaching you some common sense and respect.
Z33dori
08-30-2007, 10:41 PM
this thread is so fucked up......
OptionZero
08-30-2007, 10:45 PM
Whoa option, me and the OP are two different people. I was just wondering if for instance, they thought my exhaust was too loud or something retarded like that, can they give me a CARB-type ticket, IE Modified Exhaust/Suspension/etc (those bullshit laws CA has, that NV doesn't), or even worse a ref ticket.
like i said...they can do whatever they want to you, your remedy is in the courts after the fact
if they don't impound you and just give you a ticket, who cares? you're outside of their jurisdiction, and i doubt they try to extradite you from another state for a couple hundred dollar ticket
take the ticket, do ur business, go back home to wherever state and live happily ever after
johngriff
08-30-2007, 10:58 PM
like i said...they can do whatever they want to you, your remedy is in the courts after the fact
if they don't impound you and just give you a ticket, who cares? you're outside of their jurisdiction, and i doubt they try to extradite you from another state for a couple hundred dollar ticket
take the ticket, do ur business, go back home to wherever state and live happily ever after
I know, I know, I know.
I am glad you saw my point about simply standing down the lazier of the cops, but in the real world **ESPECIALLY IF YOU ARE A DICK OR BREAKING THE LAW** they will pretty much do anything they want to do to you, and only after the fact, can you right the wrong of the system in the courts.
What I was saying the double negative is, that illegal modifications are not a criminal issue, they are a carb issue, so you cannot use an illegal search defense. I have wanted to see a lawyers POV on locking hood pins. If that would make it a "locked container" like a breifcase, glove compartment, or the trunk.
I'm sorry if i seem like I am making an un-realistic argument, I am still what you'd call a "dreamer" for civil rights etc etc.
TiNMAN
08-30-2007, 11:51 PM
Where did you go to school??? Your grammar and typing skills are all kinds of fucked up.
Bottom line: You suck and your car got impounded. Boo-fuckin'-hoo.
lol. dude! thats why i asked him if he was really 34.
Way to bust out the good ol e-penis.
my e-penis is so fuckin big dude...you gotta see it. all the e-ginas talk about it...
Matej
08-31-2007, 12:05 AM
Go thank these guys.
http://a755.ac-images.myspacecdn.com/images01/49/l_5e0ae04c820805c85edf4895af701d3a.jpg
nissanguy13
08-31-2007, 12:31 AM
Amen. All I got from this thread is a headache and crossed eyes.
I LOVE when cops crack down on these fucking kids, the more the merrier. I don't care what you're pulled for, you're part of a scene that the true enthusiast does not agree with and you're only adding to the problem. Impound and crush every fucking one of them, it leaves the real World people free and clear of little piss ant trolls who try to drive hard and give all other car enthusiasts a bad name. I wish they'd do it like that everywhere, that way when I drive my car to a track I don't have thirty fucking bumble bee honda kids trying to race me in the Home Depot parking lot while drifting into shopping carts.
10 years ago, no one complained about ghey ass shit like this because it didn't happen, or they deserved it and sucked it up and took the punishment like a man. 'HEATHE' and his posse of wannabe drifters who have flooded our forums are fucking crybaby pussies who can't handle a little discipline. Your parents should be beaten with a rubber hose for not teaching you some common sense and respect.
All I have to say is....................Amen to that
OptionZero
08-31-2007, 01:23 AM
I know, I know, I know.
I am glad you saw my point about simply standing down the lazier of the cops, but in the real world **ESPECIALLY IF YOU ARE A DICK OR BREAKING THE LAW** they will pretty much do anything they want to do to you, and only after the fact, can you right the wrong of the system in the courts.
What I was saying the double negative is, that illegal modifications are not a criminal issue, they are a carb issue, so you cannot use an illegal search defense. I have wanted to see a lawyers POV on locking hood pins. If that would make it a "locked container" like a breifcase, glove compartment, or the trunk.
I'm sorry if i seem like I am making an un-realistic argument, I am still what you'd call a "dreamer" for civil rights etc etc.
Still wouldn't work. Your hood is already locked, so hoodpins don't make a difference.
The key is that no judge will find that your engine bay isn't part of the car, and your car is mobile. Like I said, even a boat on bricks is "mobile" because of the remote possibility it could move (i never said it made sense).
Vehicles fall under an exception to the warrant requirement as an "exigent circumstance" and therefore searches require only probable cause.
While a vehicle code violation isn't a criminal issue per se, it still gives the cops all they need to bend you over and do other stuff.
TiNMAN
08-31-2007, 03:40 AM
^what kind of other stuff? BUTTSEKS?!
S14DB
08-31-2007, 06:56 AM
So, Searching your car for illegal modifications is different than searching your car for drugs or guns?
UfoZ8myCow
08-31-2007, 08:50 AM
So, Searching your car for illegal modifications is different than searching your car for drugs or guns?
No, it's the same. A cop only needs probably cause to search your car for guns or drugs- same with illegal modifications. He only needs probable cause to pop your hood.
S14DB
08-31-2007, 09:11 AM
No, it's the same. A cop only needs probably cause to search your car for guns or drugs- same with illegal modifications. He only needs probable cause to pop your hood.
Dang cali must really suck to violate constitutional search and seizure laws. Every state I have lived in they have to see the drugs or weapons or get a drug dog. I've sat for an hour waiting on a dog cause I know my rights.
UfoZ8myCow
08-31-2007, 10:51 AM
They arent really violating any Constitutional rights. Its just difficult to interpret what exactly probable cause entails.
For example, ever been driving on the freeway behind a car and suddenly you are hit with the smell of pot? That would be reason enough for a cop to pull you over and search your car, even if he didnt actually see the pot. That works the same in any state, not just CA.
Or if a cop is driving through a neighborhood and hears either screaming or gunfire coming from a house. He doesnt have to sit on his hands until he can get a warrant to go in and investigate. He has probable cause to enter the premises.
Same thing goes for our cars. If you have a buttload of gauges lined up on your A pillar, or if your car has a real loud exhaust- that is enough probable cause for the cop to search your car for illegal modifications. Technically that goes for any state, not just CA. It just so happens they crack down on it more here than anywhere else.
SimpleSexy180
08-31-2007, 10:52 AM
wow, you guys are unbelievable.
*sigh*, anyway...when it comes to california cops it just all depends on how lucky you are. You may get an asshole cop or a cool one. I wouldn't be surprised if they wanted to pop my hood because my wheels are purple. NOW THATS suspicion!
and to people saying "dont drive like a dick", thats not always true. IT DEPENDS ON WHAT NEIGHBORHOOD you are in/around.
California is like an ex gf. You love to hit it but its annoying as fuck.
axiomatik
08-31-2007, 12:18 PM
In response to the guy from nevada. I went to school for a year in the bay area with my car registered in AZ (my permanent address). At the time I had lowering springs/aftermarket wheels/N1 Dual exhaust/Injen intake. Got an SR swap while out there, and was pulled over twice in the couple of months afterward. (once because I forgot to turn on my headlights while I was still on campus, and once for a burned out tail light). Neither time did the cop ever say anything about the modifications to my car. When I got pulled over for the burned out tail light, I have always wondered if he had other reasons for pulling me over, because it was only a single bulb that was burned out (out of 5 I think), not an entire light. However, I had just cleaned out my car and had accidently removed my registration and proof of insurance, so maybe that distracted him.
My sister-in-law went to USC and had her car registered in AZ. She had limo tint in the back of her car. She was pulled over once, and the cop looked at her AZ drivers license and asked if that was where she was living. She said no and gave her Cali address. He then gave her a ticket for her tint. I doubt he would have if she said the AZ address was correct.
OptionZero
08-31-2007, 01:12 PM
So, Searching your car for illegal modifications is different than searching your car for drugs or guns?
Yes. The cops can visually see an exhaust, which starts the chain. A gun or drugs, however, aren't obvious externally. For a cop to look for those, they'd need something else giving rise to probable cause of a crime, which allows them to search your car. Weaving in traffic, for example, is suspicion enough to stop you. Once they stop you, they see your eyes glazed over and see you're dazed. All that leads to further suspicion. Then they ask you to get out of the car and beat you up. After that, they plant drugs and guns on you.
Illegal modifications would be harder to plant, the cops are probably too lazy to haul turbo kits and NOS around in the trunk and install it into people's cars to justify dicking people, so they get around it with this probable cause nonsense.
You have a diminished expectation with respect to your automobile because it is already subject to much government regulation (DMV, CARB).
That, combined with the car's mobility, gives rise to all the searching.
As for whether California is the only one acting unconstitutionally...they aren't. All this vehicle searching stuff was handed down by the Supreme Court, so it's all gravy.
What you can say, however, that California cops are a "little" too willing to flex their muscle regarding the use of car modifications as probable cause and reasonable suspicion and all that stuff.
HEATHE
08-31-2007, 02:18 PM
all i was trying to say is that it was messed up that he pulled me over for a bullshit reason and then took my car. i can see if i was some punk kid but i was on my way home from work just wanting to kick back. now i dont know how much this will cost me? do i need to take off all the mods before i get it back? or can i just go and get it after 30 days? i keep calling to find out but keep getting put on hold for what seems to be hours?
projectRDM
08-31-2007, 02:26 PM
all i was trying to say is that it was messed up that he pulled me over for a bullshit reason and then took my car. i can see if i was some punk kid but i was on my way home from work just wanting to kick back. now i dont know how much this will cost me? do i need to take off all the mods before i get it back? or can i just go and get it after 30 days? i keep calling to find out but keep getting put on hold for what seems to be hours?
You are a punk kid. Hence why he stopped you. Have you even bothered to look at what you type? Your keyboard skills make you out to be a 12yr old Star Trek nerd jacking off to Klingon sex moves. No wonder you were pulled, if I was the cop I would have stopped you too.
UfoZ8myCow
08-31-2007, 03:08 PM
Your keyboard skills make you out to be a 12yr old Star Trek nerd jacking off to Klingon sex moves. No wonder you were pulled, if I was the cop I would have stopped you too.
Hey now, with the right lighting those Klingon sex movies can be pretty hot.
Oh, and :owned:
HEATHE
08-31-2007, 03:29 PM
R24ONA so how is it fucking your own mom and sisters and shit your brother to? you being from the south and shit go stick your dick in one of michael vicks dogs ass you dumb prick
SimpleSexy180
08-31-2007, 03:32 PM
You are a punk kid. Hence why he stopped you. Have you even bothered to look at what you type? Your keyboard skills make you out to be a 12yr old Star Trek nerd jacking off to Klingon sex moves. No wonder you were pulled, if I was the cop I would have stopped you too.
out of all your post, this is one was uncalled for..
johngriff
08-31-2007, 03:59 PM
R24ONA so how is it fucking your own mom and sisters and shit your brother to? you being from the south and shit go stick your dick in one of michael vicks dogs ass you dumb prick
Proof this world and reality operates on multiple levels.
Your issue presented us with an insight-full discussion, you don't even get it, you just get right to trash talking.
Im working on finding the most recent Court ruling justifying nation-wide what
optionzero is saying.
Found this, LOL worthy.
http://www.firstcoastnews.com/news/news-article.aspx?storyid=85343
johngriff
08-31-2007, 04:30 PM
Ok, and this is why I was sticking to my point.
Now, then, keep in mind states law do usurp federal law (supposedly right? states rights...?? lol)
http://books.google.com/books?id=vNe7GteY48gC&pg=PA193&lpg=PA193&dq=court+engine+compartment+search&source=web&ots=rEb5JxrC4T&sig=c0RZVuK9zufn2c_dEaXfQeBgC0c#PPA194,M1
This is WHY I brought locking hood pins to the table, because it would make the engine compartment, totally in-accessible from the passenger compartment.
What I have NOT been able to find, is any documentation on these circumstances in the arena of modified vehicles. Mostly because turbo kits are not FELONIES, and rulings are not appealed repeatedly, rather punk kids just take whatever the police/courts do to them.
Makes me want to put together an outrageously illegal underhood vehicle with locking pins and wait to get pulled by driving through bel-air for a couple hours, then fight it tooth and nail, to finally get a ruling on this, just so there is some form of written opinion SOMEWHERE.
If you "lost" the key for the hood pins though, they'd pretty much be F'd. At that point they would have to either:
A) Let you go
B) Impound your vehicle to Obtain a Warrant and drill the locks out.
Uhhgg this modified car thing is getting ugly isnt it?
HEATHE
08-31-2007, 04:40 PM
Ok, and this is why I was sticking to my point.
Now, then, keep in mind states law do usurp federal law (supposedly right? states rights...?? lol)
http://books.google.com/books?id=vNe7GteY48gC&pg=PA193&lpg=PA193&dq=court+engine+compartment+search&source=web&ots=rEb5JxrC4T&sig=c0RZVuK9zufn2c_dEaXfQeBgC0c#PPA194,M1
This is WHY I brought locking hood pins to the table, because it would make the engine compartment, totally in-accessible from the passenger compartment.
What I have NOT been able to find, is any documentation on these circumstances in the arena of modified vehicles. Mostly because turbo kits are not FELONIES, and rulings are not appealed repeatedly, rather punk kids just take whatever the police/courts do to them.
Makes me want to put together an outrageously illegal underhood vehicle with locking pins and wait to get pulled by driving through bel-air for a couple hours, then fight it tooth and nail, to finally get a ruling on this, just so there is some form of written opinion SOMEWHERE.
If you "lost" the key for the hood pins though, they'd pretty much be F'd. At that point they would have to either:
A) Let you go
B) Impound your vehicle to Obtain a Warrant and drill the locks out.
Uhhgg this modified car thing is getting ugly isnt it?
i understand what you are trying to say.
OptionZero
08-31-2007, 04:44 PM
R24ONA so how is it fucking your own mom and sisters and shit your brother to? you being from the south and shit go stick your dick in one of michael vicks dogs ass you dumb prick
you're from fresno; I wouldn't bring location into this
OptionZero
08-31-2007, 04:55 PM
Ok, and this is why I was sticking to my point.
Now, then, keep in mind states law do usurp federal law (supposedly right? states rights...?? lol)
http://books.google.com/books?id=vNe7GteY48gC&pg=PA193&lpg=PA193&dq=court+engine+compartment+search&source=web&ots=rEb5JxrC4T&sig=c0RZVuK9zufn2c_dEaXfQeBgC0c#PPA194,M1
This is WHY I brought locking hood pins to the table, because it would make the engine compartment, totally in-accessible from the passenger compartment.
What I have NOT been able to find, is any documentation on these circumstances in the arena of modified vehicles. Mostly because turbo kits are not FELONIES, and rulings are not appealed repeatedly, rather punk kids just take whatever the police/courts do to them.
Makes me want to put together an outrageously illegal underhood vehicle with locking pins and wait to get pulled by driving through bel-air for a couple hours, then fight it tooth and nail, to finally get a ruling on this, just so there is some form of written opinion SOMEWHERE.
If you "lost" the key for the hood pins though, they'd pretty much be F'd. At that point they would have to either:
A) Let you go
B) Impound your vehicle to Obtain a Warrant and drill the locks out.
Uhhgg this modified car thing is getting ugly isnt it?
email SEMA
A locked container inside the car isn't protected. If they initiate the search, everything inside the car is fair game; trying to classify your hood as something locked won't help.
1. Car is mobile and therefore there is a risk of losing evidence, justifying a warrantless search w/ probable cause
2. Cars inherently come with a lower expectation of privacy because the government subjects it to heavy regulation (DMV, CARB, etc).
Plain view doctrine goes to whether or not a search was conducted. If a search was never conducted, there is no question of 4th amendment protection (meaning u are fucked).
4th amendment analysis (stripped down version):
1. Is there a search or seizure?
2. If so, was it reasonable?
- warrant = automatically reasoanble
- if no warrant, is there an exception?
The exhaust is plainly visible, there's no problem with a cop observing that and using it as suspicion against you. Once you're stopped, they write you up for that violation. The violation itself raises suspicion of other violations, and then your car is subject to a search. All of it. I don't believe there's anything you can do to your hood to make your engine bay not part of the car.
If you really want to fix the aftermarket parts problem, the 4th Amendment isn't really the arena in which do make a change. Attack the legislature that makes these laws and attack the agencies that execute them.
johngriff
08-31-2007, 05:01 PM
email SEMA
If you really want to fix the aftermarket parts problem, the 4th Amendment isn't really the arena in which do make a change. Attack the legislature that makes these laws and attack the agencies that execute them.
At the show there is supposed to be a rally early in the week about laws etc, they are advancing as they can from what I have read in my quarterly mag.
As far as the people to attack, CARB officials need to be elected and not appointed.
The 4th is just the closest defense to use, at the time of a "pull over" situation.
HEATHE
08-31-2007, 05:04 PM
you're from fresno; I wouldn't bring location into this
yes i do live in fresno, but i am from southern cali. i have lived ion fresno 2 years.:barf:
OptionZero
08-31-2007, 05:05 PM
we just need to convince toyota to throw their weight at CARB and law enforcement agencies to not be assholes
money talks, no one has more money than toyota (scion FTW!!! not)
it would also help if the vast majority of cars were not modified by idiots who make the rest look bad, but i would win the lottery 10 times before that happened
if i were a cop i'd fuck up so many drivers
Frixco_240
08-31-2007, 05:05 PM
just my 2 cents, but everyone probably knows this, when a cop pulls you over, don't be an ass about it. Just do whatever the hell he wants you to do and be extra nice and courteous. You can get away with ALOT of stuff if you know how to act and speak in front of a cop. I mean, when you're at your job and someone's being an ass to you, I'm pretty sure you'll be the same to them. Know how to act in front of a cop, and you'll go a LOOOOONNNG way. Even if the cop is being an ass to you, just suck it up, because they CAN screw you over. Kind of off topic, but this message is for those who think they're better than everyone else and tries to be punks in front of a cop.
OptionZero
08-31-2007, 05:06 PM
yes i do live in fresno, but i am from southern cali. i have lived ion fresno 2 years.:barf:
Even better. Southern California sucks ass too, so it all makes sense. Die now, ok?
HEATHE
08-31-2007, 05:18 PM
Even better. Southern California sucks ass too, so it all makes sense. Die now, ok?
GO TASTE THE RAINBOW WILL YOU
OptionZero
08-31-2007, 06:35 PM
says the guy who asks in his sig to get his salad tossed
your people have spread quite far enough, i think i'll let that cruise slide by
in case you haven't realized it yet:
- you can't win
- i'm better at this than you
- you're an idiot
- your car is still in impound while you post here
Quigs
08-31-2007, 08:13 PM
^^ Haha. Ahh, this thread cracks me up.
murda-c
08-31-2007, 08:29 PM
You are a punk kid. Hence why he stopped you. Have you even bothered to look at what you type? Your keyboard skills make you out to be a 12yr old Star Trek nerd jacking off to Klingon sex moves. No wonder you were pulled, if I was the cop I would have stopped you too.
you're so gangsta it gets me wet.
Matej
08-31-2007, 08:35 PM
Get a lawyer.
RazoE
08-31-2007, 08:36 PM
says the guy who asks in his sig to get his salad tossed
your people have spread quite far enough, i think i'll let that cruise slide by
in case you haven't realized it yet:
- you can't win
- i'm better at this than you
- you're an idiot
- your car is still in impound while you post here
fucking OUCH...:keke:
I don't know what's up with some of you 240 guys (okay, I was once one too.....planning on getting another S13 hatch soon, but I digress) worrying so much about cops and shit. I was never hassled that way when I drove my (semi)LEGALLY modified 240...Sure it was loud and low (not low enough), but I didn't drive like a dumb-ass..
same with my Supra, I've never been asked to pop my hood or anything of that sort, or even questioned about my non-resonated cat-back exhaust...
it's fun to modify cars, guys, but you have to realize we drive on the street...do you need that full Tein suspension, SR20 swap with a T88 or whatever, that full 5 inch titanium exhaust, or those RHD swaps to pick up milk?
SOMETIMES people do it to themselves...
nissanguy13
09-01-2007, 06:40 AM
This post is going nowhere but yet it is keeping me entertained while at work.
Heathe I think it's been summed up, either get a lawyer and fight the man that's holding you down. Or say goodbye to your third car and go about your merry way. Either way your gonna just have to suck it up. I would take this as a learning experience that no one gives out sympathy around here unless its deserved.
Someone correct me if I'm wrong, isn't AEM the only intake company that has a legal carb sticker? I know other company's put the sticker on their intakes but it's more of a gimmick to get people to buy their product.
projectRDM
09-01-2007, 08:34 AM
R24ONA so how is it fucking your own mom and sisters and shit your brother to? you being from the south and shit go stick your dick in one of michael vicks dogs ass you dumb prick
I don't have a sister. As for the rest of the the post, I don't speak Ebonics, you'll have to send someone to decipher it for me.
daryl337
09-10-2007, 08:37 AM
Can they fuck you? Yes, because even if you are legally innocent, the cop can do whatever they want. Your remedy in court would only occur after the fact, when you go to court and fight the ticket.
Now, if you didn't drive like a dick or have cracks in your windshield, you could probably slip under the radar.
Practically speaking, even if you get a ticket, so what? They aren't gonna mail you a ticket out of state, how could they even touch you unless ur frequently in CA
More often than not, the police actually don't like to hand out tickets to out of staters because there is more paper work involved in the process. But is it in their power? Absolutely. And yes, they will mail you a ticked out of state. I've had it happen. :S
If you get a ticket they will send you to court
if you don't show up, they'll send you a bill in the mail for your fines
there will be a warrant out for your arrest in CA if you don't pay
OptionZero
09-10-2007, 12:30 PM
yeah..but if ur not coming back to CA...then no biggie!
240on430
09-10-2007, 01:38 PM
i thought i had a brake light bulb out b/c i just changed one out recentely., but...
i got cited for vc27150...loud exhaust. i asked him where i can get it checked and he goes " you're going to have to take it to somewhere that is certified"...oooook.
anyone in the bay area have a stock exhaust laying around? i might need one for the noise test. i'll probably give it back and put the ssac duals i was cited for now. would i be able to show a paper that says my exhuast is under the max noise level of 95db(i don't think so)? (because) how would a cop know if i changed the exhaust again?
he asked me to open my hood, so i did b/c i think he was a reason to ask b/c the exhaust. he noticed the injen cai, but it has the carb sticker so he didn't say anything.
i've had this exhaust for about a year and i was pulled over 2 mins from my house!
Matej
09-10-2007, 02:10 PM
Just use a potato with a hole drilled through it as a homemade silencer to pass the test.
It also makes for a delicious treat afterwards.
daryl337
09-11-2007, 07:53 AM
i've seen cars get impounded here in SD for illegal modifications, and it is usually over swaps. Lots of the po-po down here are trained to look for motor stamp codes on popular imports down here.
240on430
09-12-2007, 02:31 PM
Just use a potato with a hole drilled through it as a homemade silencer to pass the test.
It also makes for a delicious treat afterwards.
getting tested today in 40 mins...if i pass, once i post, i'll be so happy that i will paypal the first person to pm me $5. :x:
TUnity2
09-12-2007, 03:11 PM
Yalls cops are so fucking FAIL in Cali. carb legal HAHA. i haven't had a Cat on any vehicle i have ever owned. I love Louisiana.
ThatGuy
09-12-2007, 03:33 PM
Saying "Y'all" is one thing. Taking the time to spell it out, incorrectly at that, is just dumb.
OptionZero
09-12-2007, 06:08 PM
why would anyone love louisiana?
S14DB
09-12-2007, 07:39 PM
why would anyone love louisiana?
Perique :drool:
OptionZero
09-12-2007, 09:27 PM
That's fruity
nissanguy13
09-12-2007, 09:53 PM
this thread has become like a bad case of the herpies, just when you think it's gone.............they come back
vipd240
09-13-2007, 07:46 PM
Legal in cali---YES
Another out break?
Why not
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