6G Celicas Forums

yeah german shepards are cute little doggies until they claw up the side of your celica because they think you have drugs. then they're just pieces of **** . they're ugly dogs anyway.

If you commit a crime in front of an officer, including a moving violation you lose your right to search and seizure.

You mean you lose your right to deny a search, because you were speeding? I'm sorry. but wrong again.

Geez, where do you guys get this information?

Injen is Cali safe. And if you send them a proof-of-purchase, they will send you a CARB #. Performance and legality, nice.

-Ti

yep that is wrong.

Just because you get pulled over does not make you guilty, you dont lose your right to say no.

However in some cases it probibly better to let them snoop around a bit, if you have nothing to hide then dont hide.

http://www.arb.ca.gov/msprog/aftermkt/replace.htm

Air Cleaner
Most emission controlled vehicles will have an air cleaner that is a closed element type or thermostatically controlled. A replacement air cleaner must meet the same specifications as the original and connect to any emissions equipment that was attached to the original equipment air cleaner. Any replacement air cleaner elements may be used as long as they meet original factory specifications. Any air cleaner that does not meet the original factory specifications requires an Executive Order to be legal for street use.



basically if it isnt a drop-in filter it isnt legal without proper certification.

not true, any cop can search your vehicle in any state, for propable cause. I ve been in school for 2 year, criminal justice. If they pull u over for anything, and ask to search your vehicle, and you say no, then legally that is probable cause. Means you might be hiding something. Its legal. So if you try to tell him to get a warrant you are jsut making things alot worse.

Sorry Shid, I agree with you on most everything you say, but, i cant agree with you on this. Look up your laws and amendments if you really want to know the truth. Sorry..

http://www.georgiadefenders.com/searchseizure.when.htm

http://criminal-law.freeadvice.com/arrests...ar_speeding.htm

Basically, the cop can say, you looked nervous. You tried to avoid the question. The biggest thing that happened to me was, me and my friends were driving and a cop was behind us. The cop noticed me duck down, just ****ing around. He pulled us over and said i was hiding something under the seat. Thats probable cause to search our car. Do you wanna take the chance and go to court. If the cop tells the judge that u were suspicious, hell win.

When i get pulled over, about 3 times in the past 4 years, thats it. The cop asked me more questions, about the car, cause they liked it, and were into cars. Just cooperate and most of the time they leave you alone.

This post has been edited by sapperk: Dec 26, 2004 - 12:23 AM

It's been proven in court. Since I'm not in school, I can't quote the name of the case, but denying the right to a search is not probably cause, nor is speeding. Speeding over 100, weaving, etc etc; should be enough. Going 75 and denying the officer a search is not- do you know how many speeding tickets a year are thrown out because of illegal searches?

Nor is there anything in the links you provided that says otherwise.

It's best to say no to any search- it's your right. Not ONLY is it your right, but a cop violating that right is a one way get out of jail free card. He violates that right of yours, and any tickets he issues you at that stop are thrown out. "ducking below the seat" actually should be enough for probably cause. Saying: "No officer, I'm in kinda a hurry (as you might know from pulling me over for speeding, sorry), and I'd appreciate it if we could get this over in done with" or a simple "no" would both suffice, nor give him probable cause for a search.

Bottom line, warrents aren't given out free; probable cause has to be enough to support a warrent.

This post has been edited by shid: Dec 26, 2004 - 2:03 AM

The best thing you can do in that situation is say, "Do I have the right to say no, you cant look though my car" then they have to tell you the truth of course and if they lie there screwed and your free, if they tell you the truth then you go from there.

My resoning is that they would not have to ask you if you did not have a choice, They have to ask you befor they look, if they dont its iligal, if you had no choice then they would not have to ask to search.

<note: I dont have the exact anser, Its just what I have come to beleve, and every state is differant>

Side Note: there is a police station right down the street from me, maybe I'll stop in and get a real anser, if I do I'll be sure to post it.

This post has been edited by creis: Dec 26, 2004 - 2:14 AM

the legal answer is. You do not need a search warrent. Just propable cause to search a vehicle. Probable cause it pretty much a very thin line. There are no exact definitions of probable causes. Just examples. Its all between the cop and the judge.,

Yes it is (between the cop and the judge) but it can't be that thin, because it has to stand up to a judge, and a lawyer on your side that this probable cause WOULD BE ENOUGH for a search warren if he were to call in and ask for one. When it comes down to it, if he wants to do a search and you say no, he then has to PROVE in court beyond a resonable doubt that he had probable cause to search your vehicle. he has to do that before he can prove you were speeding, etc. If someone searches your vehicle after you tell them no, get a lawyer; because you'll win (most likely.. unless there's mushrooms on the ground)

Futhermore, you can't get a ticket, you can't get in trouble for refusing a search. There's nothing you need to prove to the judge. It's not like the cop can then write you a ticket for "refusing a search." If you do have nothing to hide, it's a win win situation.

I didn't think you were correct with this statement so I called up my Dad (police officer of 17 years) and asked him about it. Sure enough, saying no to a search is NOT probable cause.

-Josh

Bottom line, if you say no and he still searches your vehicle (which they'll probably do) just say: "Thats fine officer, but I'm going to need you to write down your badge number, and I'd also like to talk to the supervising officer of the watch."

Remember there are 2 different kinds of searches. If you pulled over for speeding the cop can visually search your car. Which means shine his light in and see if he sees anything to denote furthur probable cause. He needs a warrent however to get into your car and poke around.

Alright. alright. Yes just saying NO is not probable cause, but it makes you suspicious. The biggest thing is, how many cops are gonna pull you over, and know whats illegal, and whats not when it comes to aftermarket parts. And why would a cop look into your enigine anyway? unless maybe you live in CA or NYC and he just stop you in a race.

Well crap I was wrong, I looked it up and apparently the law does validate search incident to arrest, and in certain cases search incident to citation, the supreme court ruled on a case we're talking about right now saying:

"Once (the driver) was stopped for speeding and issued a citation, all the evidence necessary to prosecute that offense had been obtained. No further evidence of excessive speed was going to be found either on the person of the offender or in the passenger compartment of the car."

Although a cop if he finds you suspicious or whatever can follow you until you with intent to search and wait for you to make a traffic violation so he can get in a poke around. So esentially the cop can make your day real crappy

damn the above sux, i hate when poeple have to much power eg cops

if you look up cases, there are so many. some where the cop got away and alot actually where the people got off. Most of the time when the cop did find something illegal like drugs they won. There was one case wheere the cop pulled over and searched just because the guy swayed once. he claimed he was under the influence and search. thats easy for a cop to say to anyone and get away with it.