I Got Ref I Need Help
11-15-06, 01:03 PM
#1
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I Got Ref I Need Help
whats up guys am in a f@$Kin whole right now.....i got pulled over about a month ago for doing 95 in a 65 and the cop made me pop my hood......i explained everthing to the fullish but he still poped me foR modified engine and emissions.....so perty much am f@$ked!!!!!!!.....so what am asking is have any of u guys been through the same **** and how did u get out of it.....o by the way this is in Cali..........GUYS I ONLY GOT A WEEK SO HELP ME OUT!!!!!!!!!
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11-15-06, 08:21 PM
#10
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you never should have popped your hood. Cops can't force you to do that. Need Probable Cause to search you. He probably asked you to pop your hood, and you did. If it was CHP take it to court. CHP had their Consent searches REVOKED by the State Senate, they can ONLY search on Probable cause, NEVER on consent.
Edit: how this helps you...Fruit of the poisonous tree doctrine. Anything found by the officers after the illegal act is not allowable in court. So basically everything he found AFTER he popped your hood, in the laws mind, never really happened.
Thats the best advice I can give you other than return it to stock go to the ref, and then change it back again, lifes a bitch.
Edit: how this helps you...Fruit of the poisonous tree doctrine. Anything found by the officers after the illegal act is not allowable in court. So basically everything he found AFTER he popped your hood, in the laws mind, never really happened.
Thats the best advice I can give you other than return it to stock go to the ref, and then change it back again, lifes a bitch.
11-15-06, 08:30 PM
#12
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Anything on the outside of the car that is modified is pretty much enough probable cause to get underneath the hood.
Also, where did you hear that issue with the CHP? That's the first I have heard about it.
Also, where did you hear that issue with the CHP? That's the first I have heard about it.
11-15-06, 10:03 PM
#14
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Same thing happened to me, i just payed the fine. It was like $300. You should have gotten some courtesy notice in the mail stating the fine, if not a local visit to the county clerk will do the same.
11-16-06, 02:30 AM
#17
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Originally Posted by Fumanchu
Also, where did you hear that issue with the CHP? That's the first I have heard about it.
11-16-06, 02:38 AM
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Originally Posted by Cowboyfun
you never should have popped your hood. Cops can't force you to do that. Need Probable Cause to search you. He probably asked you to pop your hood, and you did. If it was CHP take it to court. CHP had their Consent searches REVOKED by the State Senate, they can ONLY search on Probable cause, NEVER on consent.
Edit: how this helps you...Fruit of the poisonous tree doctrine. Anything found by the officers after the illegal act is not allowable in court. So basically everything he found AFTER he popped your hood, in the laws mind, never really happened.
Thats the best advice I can give you other than return it to stock go to the ref, and then change it back again, lifes a bitch.
Edit: how this helps you...Fruit of the poisonous tree doctrine. Anything found by the officers after the illegal act is not allowable in court. So basically everything he found AFTER he popped your hood, in the laws mind, never really happened.
Thats the best advice I can give you other than return it to stock go to the ref, and then change it back again, lifes a bitch.
Fu fu, is this true or does everyone operate "somewhat" different?
11-16-06, 12:55 PM
#19
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What I know is from what I was told in the academy. Unless we have probable cause, I.E. beyond a reasonable doubt that something is illegal UNDER the hood. Probably the easiest way to establish this is if you have no cat. Cat-back exhaust isn't PC, but if you've got a full racing system, then yeah, I could articulate that to PC, based on my "knowledge, training and experience". Fu Fu knows all about that line, lol.
11-16-06, 02:12 PM
#21
CEO of Belligerents INC.
Well...if your vehicle is too low and have a loud exhaust...you are most likely to get pulled over. The officer then would consider your vehicle to be unsafe, which would provide him probable cause.
You could ask MaxBoost about the infamous Officer Clark of Alhambra PD. Officer Clark is a retired mechanic and could spot a modified car a mile away.
You could ask MaxBoost about the infamous Officer Clark of Alhambra PD. Officer Clark is a retired mechanic and could spot a modified car a mile away.
11-16-06, 08:19 PM
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they talked about it on the subaru forums
you could tell the court that your motor blew up
theres more details on the link
http://forums.nasioc.com/forums/show...7&postcount=29
you could tell the court that your motor blew up
theres more details on the link
http://forums.nasioc.com/forums/show...7&postcount=29