so it finally happened... (ticket to see State Ref)
10-11-2004 | 11:05 PM
#76
Well you could also fight the cop in court for giving you the ticket (says my police officer buddy).
There is a grey area of when a cop can and can't search your car. Simply put, if they have reason to believe you have modified the emissions or exhaust or have been street racing, it is a legal search. Here is the code every cop in California knows
2806.* Any regularly employed and salaried police officer or deputy
sheriff, or any reserve police officer or reserve deputy sheriff
listed in Section 830.6 of the Penal Code, having reasonable cause to
believe that any vehicle or combination of vehicles is not equipped
as required by this code or is in any unsafe condition as to endanger
any person, may require the driver to stop and submit the vehicle or
combination of vehicles to an inspection and those tests as may be
appropriate to determine the safety to persons and compliance with
the code.
Cheers
Rush
There is a grey area of when a cop can and can't search your car. Simply put, if they have reason to believe you have modified the emissions or exhaust or have been street racing, it is a legal search. Here is the code every cop in California knows
2806.* Any regularly employed and salaried police officer or deputy
sheriff, or any reserve police officer or reserve deputy sheriff
listed in Section 830.6 of the Penal Code, having reasonable cause to
believe that any vehicle or combination of vehicles is not equipped
as required by this code or is in any unsafe condition as to endanger
any person, may require the driver to stop and submit the vehicle or
combination of vehicles to an inspection and those tests as may be
appropriate to determine the safety to persons and compliance with
the code.
Cheers
Rush
10-11-2004 | 11:11 PM
#77
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Originally Posted by WRX Rush
Well you could also fight the cop in court for giving you the ticket (says my police officer buddy).
There is a grey area of when a cop can and can't search your car. Simply put, if they have reason to believe you have modified the emissions or exhaust or have been street racing, it is a legal search. Here is the code every cop in California knows
There is a grey area of when a cop can and can't search your car. Simply put, if they have reason to believe you have modified the emissions or exhaust or have been street racing, it is a legal search. Here is the code every cop in California knows
dont try to fight it...all the court would have to do is go ahead and look under your hood and see it is modded...then your really screwed.
-freddie
10-11-2004 | 11:17 PM
#78
Cat backs are legal so that isn't reason to search, even if he goes into court and has a JDM motor and he proves it was an illegal search to begin with he walks away scott free.
Rush
Rush
10-12-2004 | 10:57 AM
#79
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From: watching you get smaller...in my rear-view
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well if it changes the loundness and is too loud...the cop can pull you over...which sounds like a reason for him to ask about your exhaust.
When the cop nailed me on this crap...he asked if I had changed my exhaust...and then it lead from there...to my window tint and then street racing questions...pulling my GF out and asking her questions about seeing if I street race...to "pop the hood"....which had everything under the sun moded. I wasnt even doing a thing...just taking her home.
It's hard to get cops on that stuff....because they will always find a way to jack you....they are the biggest gang around and they stick together like glue!!!
So, if someone wants to fight it...go for it....but something else will always come up.
-freddie
When the cop nailed me on this crap...he asked if I had changed my exhaust...and then it lead from there...to my window tint and then street racing questions...pulling my GF out and asking her questions about seeing if I street race...to "pop the hood"....which had everything under the sun moded. I wasnt even doing a thing...just taking her home.
It's hard to get cops on that stuff....because they will always find a way to jack you....they are the biggest gang around and they stick together like glue!!!
So, if someone wants to fight it...go for it....but something else will always come up.
-freddie
10-12-2004 | 04:07 PM
#82
Originally Posted by 1WRX2NV
ps.
the cops never looked into inside the car...just under the hood. So I dont think that is a "search"....not sure though
-freddie
the cops never looked into inside the car...just under the hood. So I dont think that is a "search"....not sure though
-freddie
10-12-2004 | 04:24 PM
#83
Originally Posted by NZO
Cops can do whatever the hell they want, I wouldnt count on silly laws to save your *** when youre pulled over.
As I said in my last post, if the defendant proves that it was an illegal search. . . Even if he has a JDM motor with a FMIC and no cats. It won't make a lick of difference because that search was void under whatever section it is under (see previous post)
Rush
10-12-2004 | 05:13 PM
#84
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thnx for all the input. i am going to try to wait till the ticket comes in the mail. my only concern, well one of my concerns is what if the ticket comes in really late and i have to put my car to stock. i wont have any time to do it.
pete
pete
10-26-2004 | 02:52 PM
#85
the condition of probable cause is met if the law enforcement officer believes your exhaust is too loud.
for the same reason, traffic stops are actually effective in arresting drug traffickers and vehicle thieves...one probably cause (however defined by the law and enforced by the officer) turns a routine stop into a lengthy scrutiny.
the officer can pull you over for not signaling for a turn or not coming to a complete stop at a stop sign/interesection/etc. having exterior mods (and gawdy exhaust cans) just turns their attention your way...from there on out, it's just whatever he can get you with to stop your car to do the search to issue the ticket blah blah blah....
for the same reason, traffic stops are actually effective in arresting drug traffickers and vehicle thieves...one probably cause (however defined by the law and enforced by the officer) turns a routine stop into a lengthy scrutiny.
the officer can pull you over for not signaling for a turn or not coming to a complete stop at a stop sign/interesection/etc. having exterior mods (and gawdy exhaust cans) just turns their attention your way...from there on out, it's just whatever he can get you with to stop your car to do the search to issue the ticket blah blah blah....
10-27-2004 | 06:04 PM
#86
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Originally Posted by WyldKardzWRX
thnx for all the input. i am going to try to wait till the ticket comes in the mail. my only concern, well one of my concerns is what if the ticket comes in really late and i have to put my car to stock. i wont have any time to do it.
pete
pete
-freddie
10-27-2004 | 08:05 PM
#87
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From: Bay Area
Car Info: 2002 Aspen White Wrx Wagon
still no courtesy notice. i went to the hayward courthouse last monday to see if i can pay the fine, but the clerk that assisted me, said it wasnt even in the system yet. oh well...
pete
pete
12-07-2004 | 12:25 AM
#89
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Posts: 1,607
From: Reno, NV
Car Info: 996 Turbo
Originally Posted by WRX Rush
Cops have laws that need to be followed too. IF a cop searches under the bonnet, trunk, or in the cabin of your car without a warrant or resonable doubt that you are carrying something illegal, or have modified emissions ect. It is an illegal search and can be taken to court.
As I said in my last post, if the defendant proves that it was an illegal search. . . Even if he has a JDM motor with a FMIC and no cats. It won't make a lick of difference because that search was void under whatever section it is under (see previous post)
Rush
As I said in my last post, if the defendant proves that it was an illegal search. . . Even if he has a JDM motor with a FMIC and no cats. It won't make a lick of difference because that search was void under whatever section it is under (see previous post)
Rush
