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Warning to Sac and Roseville folks
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[QUOTE]Originally posted by Tha91SiCkNeSs: [QB] [QUOTE]Originally posted by Wolfie351: [qb] Having a tape recorder, video camera, etc is NOT going to prevent you being sent to a smog ref if a cop suspects you have illegal modifications. Even if you have ALL your CARB numbers in hand, a police officer can still send you to a referee. You'll say "but my car is 100% legal" Then the cop will say "then you'll have no problem passing" There is no hearing, there is no court date where you can plead your case. If you are given a citation, only then do you have recourse Having a loud exhuast (even if it's stock) is probable cause to make you pop your hood. It sucks, but it's true. San Mateo County is doing roadside checkpoints now for this very purpose. Do you think they are pulling over minivans? nope Is it random? nope They are targeting cars with aftermarket parts such as body kits, wheels or loud exhaust. Personally, I feel this is a rights violation, but as long as people are street racing, public opinion will NOT be on your side. Larry Elison, who is the freakin' richest man in the bay area, got busted for illegal modifications on his car. If his lawyers couldn't get him out of it... ps. 9 out of 10 smog techs will fail a BBK CAI. Wether it's legal or not, that's just how it is [/qb][/QUOTE]He can definately send you to a referee, but not without checking under the hood. The key is probable cause and the act of profiling. 1st thing, Larry Elison, if this was in fact true, we don't know the details of it. He could have in fact got busted for illegal mods, but if he agreed to have his vehicle searched, then that eliminates it right there. Can't get it thrown out because once again, the legal issue begins to form around probable cause and profiling. Like I said before, maybe I was a little misleading in my point, but an officer can pull you over for anything. He can claim in fact that the stickers on your window are probable cause. He has any right to ask you about your vehicle. As a driver in CA, you WAIVE certain rights that pertain to you as an individual. Driving is a privledge. However, illegal search and seizure is NOT one of them. The key is that everything he does in that stop has to hold in the courtroom. When the attorney displays factors of the traffic stop that attribute to a profiled stop, it gets thrown out. For instance, Officer pulls you over and claims to do a "Safety Inspection." Court proceeding would look like this: "How many safety inspections has this officer done in the past few years?" -I can guarentee he hasn't done ANY, its the guys that drive the dodge ram CHP cars or the guys at the truck scales doing inspections. "What time did you do this inspection? 12 AM?" "This inspection was done on a 2003 Cobra with 15000 miles? What appeared to be visibly non-safe about the vehicle? How can the exhaust note deem this vehicle non-safe?" -The legal points form here. ONCE AGAIN, this is why you carry a tape recorder do note all of these things!! Before Citrus Heights became incorporated, the worst police force was folsom. Complete dicks hassling kids all the time. This statement is 100% factual, not opinionated. I know most of you think Roseville is bad, but when you get on the inside, perspective changes understanding. Citrus Heights is the WORST. They will respond to a street racing incident before a robbery. I understand, C.H. has Sunrise Blvd that is a harbour for all of this, but they tend to lose focus. Kids need to stand for their rights if they are in a position to do so. You do not need to be hassled if you haven't done anything wrong. [/QB][/QUOTE]
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