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pissed!. got pulled over for some!.
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[QUOTE]Originally posted by 50 Deep: [QB] [QUOTE]Originally posted by Tha91SiCkNeSs: [qb] [QUOTE]Originally posted by 50 Deep: [qb] [QUOTE]Originally posted by Tha91SiCkNeSs: [qb] [QUOTE]Originally posted by 50 Deep: [qb] [QUOTE]Originally posted by Tha91SiCkNeSs: [qb] [QUOTE]Originally posted by 50 Deep: [qb] [/qb][/QUOTE][/qb][/QUOTE][/qb][/QUOTE][/qb][/QUOTE]The difference is the supreme court has never ruled on a case stating the engine bay is only searchable with a warrant or incident to arrest the same way the passenger compartment or trunk is. Find me a supreme court case that states so and I will retract my statement. Searching the engine bay was also done in furtherance of the officers suspicion of illegal modifications. Relevant to the "crime". Now the officer probably couldn't justify a search of the interior or trunk because its not relevant to the "crime" attempting to be proved. Motor vehicles are also highly mobile and if the officer didn't search it at the time it was likely the suspect could remove any illegal parts before a warrant could be obtained to search it. Which is why the engine bay is searchable and he would likely lose in court given he already had illegal modifications on the car. [/qb][/QUOTE]Just because the supreme court hasn't ruled on this case does not mean it does not stand as law. Your logic argues against the fact that you need probable cause for a trunk and passenger compartment search as opposed to an engine-bay search. Then, show me where the Supreme Court has ruled that you need one for the trunk and cabin?? Your argument is still contradictory. Bottom line is: This is my 4th Amendment right. Because it is in our Constitution, it IS the law of the land. [/qb][/QUOTE] http://en.wikipedia.org/wiki/Carroll_v._United_States http://en.wikipedia.org/wiki/Arizona_v._Gant http://en.wikipedia.org/wiki/Thornton_v._United_States All 3 cases deal with motor vehicle searches and there exceptions for the compartment and trunk. Each situation has its own circumstances but [b]NONE[/b] involve the engine compartment. You might be able to fight a search of an engine bay for drugs, but I doubt u will get far in court trying to fight one for the OP's situation. I'm not saying it can't be done, but I'm pretty sure if you tell the officer ur not popping ur hood that ur gonna be hitching a ride to work tomorrow. Either they search it on the spot or tow it until they can get a warrant to search it later. So find me some codified or case law stating the legal boundaries for engine bay searches on a vehicle and we can pick this up again. [/QB][/QUOTE]
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