law about openig your hood?
09-05-2003, 06:24 AM
#1
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law about openig your hood?
Does anyone know what our rights are if we are asked to open our hood,by a police officer? Do we have to comply? What if we refuse? Do they have to have some defined amount of probable cause? If so what would probable cause be defined as? I'm trying to figure it out so as not to help them kick my butt.
09-05-2003, 08:20 AM
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They have to have probable cause in order to search your car. They also have to have either your permission or a warrant. I would let them look under my hood just to make them feel stupid since my car is all stock. If I was modded, I would say no way.
09-05-2003, 09:12 AM
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the only way the police can look under your hood is with a warrant or your permission. even if you get arrested they cant search under there since its not in your immediate control. thats called "search incident to apprehension." if they have a warrant to search your car it called a complete search since they can look everywhere. ive seen dashboards disabled during these...they are very thurough. if you give them permission remember that you can stop the search at anytime by saying you want them to stop, then again if you do that itll make them wonder what your hiding and they will come back with a warrant. i know this cuz im a federal cop 
josh
josh
09-05-2003, 09:13 AM
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Originally posted by sonicsuby
They have to have probable cause in order to search your car. They also have to have either your permission or a warrant. I would let them look under my hood just to make them feel stupid since my car is all stock. If I was modded, I would say no way.
They have to have probable cause in order to search your car. They also have to have either your permission or a warrant. I would let them look under my hood just to make them feel stupid since my car is all stock. If I was modded, I would say no way.
In order for an officer to search your vehicle or person, they must have probable cause, and either your permission or a warrant. If they search your vehicle without either of these, the evidence (I think) can be thrown out of court if they find something. Truthfully though, if they ask to search your can and you say no, they can still get a warrant and will if they want it bad enough.
Here's some other fun tricks I've learned about that cops can do:
* They'll come up behind you on a highway and get in the lane next to you (either on the right or left). Then they'll camp in your blindspot while you drive on not knowing they're there. I've had this happen a few times to me, but I saw the cop before he got there. I love when they do that, because I just putt along at the speed limit, then all of a sudden look back and glare at them. They usually just take off at that point, knowing they're caught.
* Another is that they'll take a wad of paper towels and wet them. Then they'll put them over a headlight and come flying down the freeway. Drivers see the car in the rearview and have no suspicions that it's a cop since a light is out, and they keep on speeding on their merry way. By the time the cop has pulled that driver over, the towels have generally dried and fallen off.
Nice, huh?
09-05-2003, 09:21 AM
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Re: law about openig your hood?
Originally posted by vinster02
Does anyone know what our rights are if we are asked to open our hood,by a police officer? Do we have to comply? What if we refuse? Do they have to have some defined amount of probable cause? If so what would probable cause be defined as? I'm trying to figure it out so as not to help them kick my butt.
Does anyone know what our rights are if we are asked to open our hood,by a police officer? Do we have to comply? What if we refuse? Do they have to have some defined amount of probable cause? If so what would probable cause be defined as? I'm trying to figure it out so as not to help them kick my butt.
Just pray that while you're pulled over something more important comes up on there radio or that there shift is about to end.
eric
09-05-2003, 09:25 AM
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Originally posted by Ex-ricer
the only way the police can look under your hood is with a warrant or your permission. even if you get arrested they cant search under there since its not in your immediate control. thats called "search incident to apprehension." if they have a warrant to search your car it called a complete search since they can look everywhere. ive seen dashboards disabled during these...they are very thurough. if you give them permission remember that you can stop the search at anytime by saying you want them to stop, then again if you do that itll make them wonder what your hiding and they will come back with a warrant. i know this cuz im a federal cop
josh
the only way the police can look under your hood is with a warrant or your permission. even if you get arrested they cant search under there since its not in your immediate control. thats called "search incident to apprehension." if they have a warrant to search your car it called a complete search since they can look everywhere. ive seen dashboards disabled during these...they are very thurough. if you give them permission remember that you can stop the search at anytime by saying you want them to stop, then again if you do that itll make them wonder what your hiding and they will come back with a warrant. i know this cuz im a federal cop
josh
What exactly do you do and how old are you
09-05-2003, 09:34 AM
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Yeah, It looks as though you are pretty screwed if they want to check you out.After I posted this i went to the state vehicle codes and did some searches. i never found anything specific, & the laws all seemed to read that it was unlawfull to refuse an officer if they request to inspect. this sucks, I am totally parranoid to drive my car now. All that work & It seems I am going to have to get deffensive & shift into stealth ninja mode.
09-05-2003, 09:36 AM
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You are interpreting the laws incorrectly. It is certainly NOT unlawful to refuse them to search your car, however they will probably just get a warrant anyway. If you've got time to burn, make 'em get the warrant.
09-05-2003, 09:43 AM
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I might be not reading this stuff correctly. I have all of the stock parts so, i guess even if i was made to conform.It would only mean that I get to wrench on my car some more & hey that is most of the fun. I may still run twords a little more stealth or less on the Bling side. The carbon hood & body kit scream "pull me over"
09-05-2003, 09:43 AM
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A "federal cop" huh? Well it says he's about 24 in his profile so i believe him. I noticed his wife/gf looked about that age so unless she likes them young
09-05-2003, 10:10 AM
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I'm always afraid to deny a search because that's when the cop might just "find" a joint that he just flicked into the back seat. I try to be as accommodating as possible and so far it's kept me ticket-free.
09-05-2003, 10:18 AM
#13
Originally posted by vinster02
I might be not reading this stuff correctly. I have all of the stock parts so, i guess even if i was made to conform.It would only mean that I get to wrench on my car some more & hey that is most of the fun. I may still run twords a little more stealth or less on the Bling side. The carbon hood & body kit scream "pull me over"
I might be not reading this stuff correctly. I have all of the stock parts so, i guess even if i was made to conform.It would only mean that I get to wrench on my car some more & hey that is most of the fun. I may still run twords a little more stealth or less on the Bling side. The carbon hood & body kit scream "pull me over"
Or are you? I don't know emissions laws that well. Maybe it's time for me to do some research. Are there parts you could swap back to stock or label correctly to get the car back to emmissions legal, or at least back to something less than screaming ILLEGAL AFTERMARKET MODIFICATIONS, upon visual inspection?
Other than that, I'd say put back the stock hood and change the body kit to something under 5-0 radar. That is, if you want to go ninja-stylee.
09-05-2003, 10:37 AM
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Originally posted by 04blkWRX
I'm always afraid to deny a search because that's when the cop might just "find" a joint that he just flicked into the back seat. I try to be as accommodating as possible and so far it's kept me ticket-free.
I'm always afraid to deny a search because that's when the cop might just "find" a joint that he just flicked into the back seat. I try to be as accommodating as possible and so far it's kept me ticket-free.
09-05-2003, 10:47 AM
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Never acquiesce to a search of your car and never sign a piece of paper that agrees to let them search your car.
A really good friend of mine got burned pretty badly - he had done nothing wrong - excpet buy a used car from a drug dealer/user. He didn't know that at the time.
He signed a permission to search private vehicle and then the cops brought in a dog that tore up the interior of the car, leather - the cops aren't responsible. Then the dog went crazy on a foam pad that lined the trunk - it had a small ammount hashish in it.
He was arrested and went to jail - he went before a judge and told his story and ended up in jail for about 2 weeks and on parole for 6 years! His house can be searched at will by police during his parole time. This was in Florida.
Don't ever sign a piece of paper that allows anyone to do a search. If they get a warrant, that's fine, you can't do much about it, but don't surrender rights.
A really good friend of mine got burned pretty badly - he had done nothing wrong - excpet buy a used car from a drug dealer/user. He didn't know that at the time.
He signed a permission to search private vehicle and then the cops brought in a dog that tore up the interior of the car, leather - the cops aren't responsible. Then the dog went crazy on a foam pad that lined the trunk - it had a small ammount hashish in it.
He was arrested and went to jail - he went before a judge and told his story and ended up in jail for about 2 weeks and on parole for 6 years! His house can be searched at will by police during his parole time. This was in Florida.
Don't ever sign a piece of paper that allows anyone to do a search. If they get a warrant, that's fine, you can't do much about it, but don't surrender rights.
