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Posted by illwill510 (Member # 3788) on :
 
A lawyer outside a courthouse told me awhile back that if you have hood locks on your hood through the hood pins, that if a cop asks you to pop it open, you don't have to. He said it was a locked compartment and they would need a warrent to do that. It would be exteremly suspicious if someone said this to a officer. I know it would probably be smarter just to let them see the motor and hope they dont notice the smog stuff missing and be cool about it. I thought is was complete B.S but if its true I would like to know. Also is loud exaust a reason to pop your hood even though you have cats?
 
Posted by jaejae (Member # 7958) on :
 
someone plz answer his question if its true im gettin hood locks tomorrow
 
Posted by *302DROP* (Member # 1323) on :
 
same here... i will buys some tomorrow morning....
 
Posted by HaulinAss Motorsports (Member # 541) on :
 
Sure go buy the locks!!! [Razz]

But in reality they(police)can and will impound your car right there on the spot for not cooperating. They will wait for the warrant and do whatever they want to get it open, and you WONT be around to see it happen. Might as well just pop the hood. [Wink]
 
Posted by N8 (Member # 6048) on :
 
quote:
Originally posted by HaulinAss Motorsports:
Sure go buy the locks!!! [Razz]

But in reality they(police)can and will impound your car right there on the spot for not cooperating. They will wait for the warrant and do whatever they want to get it open, and you WONT be around to see it happen. Might as well just pop the hood. [Wink]
I am not sure but I think they would need to have cause to impound your car. Like a moving violation that lead to the stop. I used to ride around with JR Rider a lot when I was in college. And I remember him getting pulled over and he pulled the "cant open a locked compartment card". In this event it was his glove box. SO I asked my Poli-Sci teacher about it and he said it was indeed true that without probable cause they cannot open a locked (requiring a key) compartment without a warrant. There were quite a few stipulations surrounding it tho. Things like: visibly under the influence, on parole, car not registered/insured, car not belonging to the driver. The glaring hole was "probable cause". So on that haulinass could be very well correct. Also consider my info is about 10+ years old since I have been long since graduated from college (and JR Rider is no longer in the NBA damn showing my age...lol). Just thought I'd share tho. Probably better to just show your engine and take your spanking like a man.
 
Posted by 8stang8 (Member # 8082) on :
 
quote:
Originally posted by jaejae:
someone plz answer his question if its true im gettin hood locks tomorrow
Go buy the locks/pins lol... I got yanked a while back and i tried to do the same bs [Big Grin] "UGH... NAH i cant open it crap i cant open the locks/i have no place to set my hood down [Confused] .

the dickhead [Cool] had a reason to check my car so he told me u either take it of now or i will get someone out here w a warrent... i said u serious then he said lets set your pretty hood over here on the side nothing gonna happen to it...

Bam his eyes got big said i give you props on this motor blah blah blah but how the hell do you register this thing i said i bought it like that.

I got let off w the ref ticket cause the dickhead [Cool] never found the V.C. in his book so instead gave me another violation. he told me when you get your car back i suggest you get a trailer and dont drive it around here again.

lesson learned regardless of how fast you think your car is save that shit for the track more fun and no excuses to try and work your way out of jus drive it easy on the street... you save more gas lol kinda like a hybrid [Big Grin]
 
Posted by BlowN67 (Member # 4229) on :
 
I think if their already asking to pop ur hoop then they already have probable cuase to look under there.
 
Posted by totalkaos92 (Member # 5750) on :
 
quote:
Originally posted by N8:
quote:
Originally posted by HaulinAss Motorsports:
Sure go buy the locks!!! [Razz]

But in reality they(police)can and will impound your car right there on the spot for not cooperating. They will wait for the warrant and do whatever they want to get it open, and you WONT be around to see it happen. Might as well just pop the hood. [Wink]
I am not sure but I think they would need to have cause to impound your car. Like a moving violation that lead to the stop. I used to ride around with JR Rider a lot when I was in college. And I remember him getting pulled over and he pulled the "cant open a locked compartment card". In this event it was his glove box. SO I asked my Poli-Sci teacher about it and he said it was indeed true that without probable cause they cannot open a locked (requiring a key) compartment without a warrant. There were quite a few stipulations surrounding it tho. Things like: visibly under the influence, on parole, car not registered/insured, car not belonging to the driver. The glaring hole was "probable cause". So on that haulinass could be very well correct. Also consider my info is about 10+ years old since I have been long since graduated from college (and JR Rider is no longer in the NBA damn showing my age...lol). Just thought I'd share tho. Probably better to just show your engine and take your spanking like a man.
I belive N8 is correct. I know a buddy that got away with a "i cant find my lock keys before". And about the police calling in for a warrant, im sure its possible but a judge has better things to do with there time. As long as your exhaust is legal (cats of some sort) they do not have the right to open a locked compartment without your concent.

As many peace officers we have on this site and they have not chimed in on this, we might be correct [Big Grin]
 
Posted by Tha91SiCkNeSs (Member # 5790) on :
 
quote:
Originally posted by totalkaos92:
quote:
Originally posted by N8:
quote:
Originally posted by HaulinAss Motorsports:
Sure go buy the locks!!! [Razz]

But in reality they(police)can and will impound your car right there on the spot for not cooperating. They will wait for the warrant and do whatever they want to get it open, and you WONT be around to see it happen. Might as well just pop the hood. [Wink]
I am not sure but I think they would need to have cause to impound your car. Like a moving violation that lead to the stop. I used to ride around with JR Rider a lot when I was in college. And I remember him getting pulled over and he pulled the "cant open a locked compartment card". In this event it was his glove box. SO I asked my Poli-Sci teacher about it and he said it was indeed true that without probable cause they cannot open a locked (requiring a key) compartment without a warrant. There were quite a few stipulations surrounding it tho. Things like: visibly under the influence, on parole, car not registered/insured, car not belonging to the driver. The glaring hole was "probable cause". So on that haulinass could be very well correct. Also consider my info is about 10+ years old since I have been long since graduated from college (and JR Rider is no longer in the NBA damn showing my age...lol). Just thought I'd share tho. Probably better to just show your engine and take your spanking like a man.
I belive N8 is correct. I know a buddy that got away with a "i cant find my lock keys before". And about the police calling in for a warrant, im sure its possible but a judge has better things to do with there time. As long as your exhaust is legal (cats of some sort) they do not have the right to open a locked compartment without your concent.

As many peace officers we have on this site and they have not chimed in on this, we might be correct [Big Grin]
A thread like this comes up around once a year on this forum. I'm not sure if you can see all posts by members but if you can, search for my posts on this subject.

To be accurate as said before, all of this looms on probable cause. Even if the hood doesn't have hood pins he still needs probable cause to open the hood.

When you bring a case like this to court the general arguement for the attorney is to prove that the cop in fact profiled the stop. If he is popping your hood when he stops you for "speeding", well, he better be popping the hood of the minivan he stops for "speeding" as well. They key is to always carry a tape recorder.

If an officer cannot display probable cause he must have a warrant issued. If he denies this, you ALWAYS have the right to record the stop on a tape recorder as well as ask for his supervisor to shed light on his reasoning.

Officers simply cannot go around asking people to pop their hoods just because. They are also subject to the law of the land, just as normal citizens are.

[ November 10, 2008, 03:13 PM: Message edited by: Tha91SiCkNeSs ]
 
Posted by 925GT50 (Member # 2683) on :
 
Well a few weeks back, an antioch police officer pulled me over for supposedly "modified exhaust".

He never looked beneath my car and checked the exhaust. He simply assumed I had it. My car is all stock (exhaust wise) with exception of flowmaster 2 chamber mufflers.

Funny thing is my car passed california smog test since it was past due that very same day.

So now im stuck with this citation and have to appear in court the 1st of dec.

Can i get it written off or must I bring my car down there to show them it? I really dont want to bring it cuz then they might get me for no front plate, limo tints, etc.

Anyone else have this happen to them?

[ November 10, 2008, 03:22 PM: Message edited by: 925GT50 ]
 
Posted by fasthatch (Member # 7277) on :
 
quote:
Originally posted by 925GT50:
Well a few weeks back, an antioch police officer pulled me over for supposedly "modified exhaust".

He never looked beneath my car and checked the exhaust. He simply assumed I had it. My car is all stock (exhaust wise) with exception of flowmaster 2 chamber mufflers.

Funny thing is my car passed california smog test since it was past due that very same day.

So now im stuck with this citation and have to appear in court the 1st of dec.

Can i get it written off or must I bring my car down there to show them it? I really dont want to bring it cuz then they might get me for no front plate, limo tints, etc.

Anyone else have this happen to them?
mufflers have nothing to do with smog .the can give a ticket for load mod exhaust an make pop your hood the chp an smoe loacl police dept. have being trained to do a visaul smog inspection .an for the people thar think there are no more refs strating in oct they have being reistated
 
Posted by Black88GT (Member # 394) on :
 
Like its been said, They need probable cause. They cant just search unless they visually see something. ie... dont have bullets rolling around on the floor. (officer) Can I search your car? (you) "no" then they have the oppertunity to get a warrent. They need to give the judge a reason for the warrent, Will the judge give a warrent to pop the hood for missing cats? That I dont know.
 
Posted by HaulinAss Motorsports (Member # 541) on :
 
It only takes about 15 mins for a warrant to be issued, I know this for a fact!

Example

A buddy of mine and myself were driving down the road and a cop had been behind us a good amount of time. We knew we were going to get pulled over. He wasn't speeding or doing anything wrong, it was just a Friday night [Wink] . We saw the lights like we expected. Cop said he was speeding and wanted to pop the hood because they felt the car was not "street legal", he declined. They asked him at least 10x and he declined every time. They took him to PD and I was sitting there with his car. The Seargent was there with a signed warrant, and it only took maybe 15 mins for that process. All they have to do is call a Judge and get the okay,they did. I was however able to stand by and do all of the bs there so the car wasnt impounded. He spent the latter part of the night in a holding cell to get the ticket he was going to get had he just cooperated.

BTW his car was a 66 and they STILL referred him to the ref.....

So you might as well jsut let them pop that hood, as I said THEY WILL ANYHOW!
 
Posted by 5OHS5OH (Member # 4665) on :
 
I've never had the experience of getting a warrant for vehicle code violations, but I don't know too many judges that would be happy about answering their phone on a Friday night for that type of case.

On the issue of having you pop your hood, any reasonably intelligent cop that had probable cause to stop you, could come up with a reason for a vehicle safety inspection. You could say no, but it would only make the cop more determined to stick it to you.

On the issue of warrants for other aspects of investigations, a vehicle search without a warrant isn't too difficult, as the supreme court has labeled cars as transitory objects, that are already state licensed.
 
Posted by illwill510 (Member # 3788) on :
 
Im going to get the locks instead of the pins. Has anyone seen some of the bar type and not the small master lock kind that is skinny enough?
 
Posted by Black88GT (Member # 394) on :
 
I think I found the solution! Dont be mashing around when the cops are out looking for young thugs. Put some steel wool up that exhaust on a friday night. LOL There was one time when I first got mu blower, and I was running a bassani X with dumps. I got on it hella hard and CHP was right there. He pulled me over and said your exhaust is just way too loud. My reply to him was... I know, I hate it. A friend just installed it and I have a new exhaust on order. This thing gives me a headache I told him. He said well, just dont rev it that much and get it changed asap. He didnt even run my plates. Its all in the delivery.
 
Posted by TR1 (Member # 296) on :
 
quote:
Originally posted by illwill510:
A lawyer outside a courthouse told me awhile back that if you have hood locks on your hood through the hood pins, that if a cop asks you to pop it open, you don't have to. He said it was a locked compartment and they would need a warrent to do that. It would be exteremly suspicious if someone said this to a officer. I know it would probably be smarter just to let them see the motor and hope they dont notice the smog stuff missing and be cool about it. I thought is was complete B.S but if its true I would like to know. Also is loud exaust a reason to pop your hood even though you have cats?
Here ya go--->

One of the vehicle code sections that says the CHP can inspect your ride......

Inspection by Patrol Members

2804. A member of the California Highway Patrol upon reasonable belief that any vehicle is being operated in violation of any provisions of this code or is in such unsafe condition as to endanger any person, may require the driver of the vehicle to stop and submit to an inspection of the vehicle, and its equipment, license plates, and registration card.
 
Posted by Tha91SiCkNeSs (Member # 5790) on :
 
quote:
Originally posted by TR1:
quote:
Originally posted by illwill510:
A lawyer outside a courthouse told me awhile back that if you have hood locks on your hood through the hood pins, that if a cop asks you to pop it open, you don't have to. He said it was a locked compartment and they would need a warrent to do that. It would be exteremly suspicious if someone said this to a officer. I know it would probably be smarter just to let them see the motor and hope they dont notice the smog stuff missing and be cool about it. I thought is was complete B.S but if its true I would like to know. Also is loud exaust a reason to pop your hood even though you have cats?
Here ya go--->

One of the vehicle code sections that says the CHP can inspect your ride......

Inspection by Patrol Members

2804. A member of the California Highway Patrol upon reasonable belief that any vehicle is being operated in violation of any provisions of this code or is in such unsafe condition as to endanger any person, may require the driver of the vehicle to stop and submit to an inspection of the vehicle, and its equipment, license plates, and registration card.
Remember, the CHP officer has to display probable cause still. But once again, you can always challenge this stop as a profiled stop and get it thrown out.

And if the CHP officer is in fact going to do a "safety inspection" he better check my blinkers, horn, tread depth, etc. A "safety inspection" does not ONLY consist of checking for smog legal items on your vehicle. That is a profiled stop.

So yes, they can check your vehicle with probable cause and a warrant. But that doesn't always mean that their stop was lawful.
 
Posted by fasthatch (Member # 7277) on :
 
One of the vehicle code sections that says the CHP can inspect your ride......

Inspection by Patrol Members

2804. A member of the California Highway Patrol upon reasonable belief that any vehicle is being operated in violation of any provisions of this code or is in such unsafe condition as to endanger any person, may require the driver of the vehicle to stop and submit to an inspection of the vehicle, and its equipment, license plates, and registration card. [/qb][/QUOTE]Remember, the CHP officer has to display probable cause still. But once again, you can always challenge this stop as a profiled stop and get it thrown out.

And if the CHP officer is in fact going to do a "safety inspection" he better check my blinkers, horn, tread depth, etc. A "safety inspection" does not ONLY consist of checking for smog legal items on your vehicle. That is a profiled stop.

So yes, they can check your vehicle with probable cause and a warrant. But that doesn't always mean that their stop was lawful. [/QB][/QUOTE]
that is way the do an emission inspecton for smog relate stuff
 
Posted by totalkaos92 (Member # 5750) on :
 
quote:
Originally posted by HaulinAss Motorsports:
It only takes about 15 mins for a warrant to be issued, I know this for a fact!

Example

A buddy of mine and myself were driving down the road and a cop had been behind us a good amount of time. We knew we were going to get pulled over. He wasn't speeding or doing anything wrong, it was just a Friday night [Wink] . We saw the lights like we expected. Cop said he was speeding and wanted to pop the hood because they felt the car was not "street legal", he declined. They asked him at least 10x and he declined every time. They took him to PD and I was sitting there with his car. The Seargent was there with a signed warrant, and it only took maybe 15 mins for that process. All they have to do is call a Judge and get the okay,they did. I was however able to stand by and do all of the bs there so the car wasnt impounded. He spent the latter part of the night in a holding cell to get the ticket he was going to get had he just cooperated.

BTW his car was a 66 and they STILL referred him to the ref.....

So you might as well jsut let them pop that hood, as I said THEY WILL ANYHOW!
And by them taking your buddy to a holding cell do you really think they woke up a judge up? [Confused]

and how did he goto jail and his car didnt?

what was the charge they held him on?

kinda weird to go to jail to get a ticket [Confused]
 
Posted by HaulinAss Motorsports (Member # 541) on :
 
quote:
Originally posted by totalkaos92:
quote:
Originally posted by HaulinAss Motorsports:
It only takes about 15 mins for a warrant to be issued, I know this for a fact!

Example

A buddy of mine and myself were driving down the road and a cop had been behind us a good amount of time. We knew we were going to get pulled over. He wasn't speeding or doing anything wrong, it was just a Friday night [Wink] . We saw the lights like we expected. Cop said he was speeding and wanted to pop the hood because they felt the car was not "street legal", he declined. They asked him at least 10x and he declined every time. They took him to PD and I was sitting there with his car. The Seargent was there with a signed warrant, and it only took maybe 15 mins for that process. All they have to do is call a Judge and get the okay,they did. I was however able to stand by and do all of the bs there so the car wasnt impounded. He spent the latter part of the night in a holding cell to get the ticket he was going to get had he just cooperated.

BTW his car was a 66 and they STILL referred him to the ref.....

So you might as well jsut let them pop that hood, as I said THEY WILL ANYHOW!
And by them taking your buddy to a holding cell do you really think they woke up a judge up? [Confused]

and how did he goto jail and his car didnt?

what was the charge they held him on?

kinda weird to go to jail to get a ticket [Confused]
They got a warrant, so they must have
"woken" someone up I would assume [Wink] Just because its a late Friday doesn't mean that the law and justice system shuts down [Wink]

They took him in because he refused to let them pop the hood as well as sign the ticket.

Car wasn't towed as my shop was approx 1 mile away and I pleaded that I could take it there and for it to not be towed , that and I knew the tow agency who was dispatched out so that helped with the decision. The main cop followed me back to make sure that was where I was going.

Any other ?'s [Razz]
 
Posted by falcon (Member # 7577) on :
 
quote:
Originally posted by 925GT50:
Well a few weeks back, an antioch police officer pulled me over for supposedly "modified exhaust".

He never looked beneath my car and checked the exhaust. He simply assumed I had it. My car is all stock (exhaust wise) with exception of flowmaster 2 chamber mufflers.

Funny thing is my car passed california smog test since it was past due that very same day.

So now im stuck with this citation and have to appear in court the 1st of dec.

Can i get it written off or must I bring my car down there to show them it? I really dont want to bring it cuz then they might get me for no front plate, limo tints, etc.

Anyone else have this happen to them?
Modified is anything that is not stock, i.e. your mufflers, tail pipes etc.
 
Posted by shiftylx (Member # 2670) on :
 
quote:
Originally posted by Black88GT:
I think I found the solution! Dont be mashing around when the cops are out looking for young thugs. Put some steel wool up that exhaust on a friday night. LOL There was one time when I first got mu blower, and I was running a bassani X with dumps. I got on it hella hard and CHP was right there. He pulled me over and said your exhaust is just way too loud. My reply to him was... I know, I hate it. A friend just installed it and I have a new exhaust on order. This thing gives me a headache I told him. He said well, just dont rev it that much and get it changed asap. He didnt even run my plates. Its all in the delivery.
haha thats the same thing i told a cop up in chico. i had an off-road h and mac mufflers without any tailpipes. he came up and asked about my exhaust. i told him the same, that i had swapped pipes with a friend and had new ones on order. after i also complained about the noise he let me go. i remember seeing him a year or two later out at one of the cruise spots and he just let me go by, didn't even notice me!
 
Posted by 532Fastback (Member # 1482) on :
 
quote:
Originally posted by Tha91SiCkNeSs:
quote:
Originally posted by TR1:
quote:
Originally posted by illwill510:
A lawyer outside a courthouse told me awhile back that if you have hood locks on your hood through the hood pins, that if a cop asks you to pop it open, you don't have to. He said it was a locked compartment and they would need a warrent to do that. It would be exteremly suspicious if someone said this to a officer. I know it would probably be smarter just to let them see the motor and hope they dont notice the smog stuff missing and be cool about it. I thought is was complete B.S but if its true I would like to know. Also is loud exaust a reason to pop your hood even though you have cats?
Here ya go--->

One of the vehicle code sections that says the CHP can inspect your ride......

Inspection by Patrol Members

2804. A member of the California Highway Patrol upon reasonable belief that any vehicle is being operated in violation of any provisions of this code or is in such unsafe condition as to endanger any person, may require the driver of the vehicle to stop and submit to an inspection of the vehicle, and its equipment, license plates, and registration card.
Remember, the CHP officer has to display probable cause still. But once again, you can always challenge this stop as a profiled stop and get it thrown out.

And if the CHP officer is in fact going to do a "safety inspection" he better check my blinkers, horn, tread depth, etc. A "safety inspection" does not ONLY consist of checking for smog legal items on your vehicle. That is a profiled stop.

So yes, they can check your vehicle with probable cause and a warrant. But that doesn't always mean that their stop was lawful.
Yep if the officer wants to do a safety inspection on my ride he better check my tread depth
 
Posted by welch93lx (Member # 8748) on :
 
damm they made me do it n i got f***ked
 
Posted by NavidR (Member # 3164) on :
 
I thinks its just like them searching your car, you could try to say no but if you say no then they know something is up and either way your F*&^%^^!
 




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