OT: Glad I don't live in CA. Any lawyers here???
#1
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OT: Glad I don't live in CA. Any lawyers here???
http://youtube.com/watch?v=NCyMkB0uMeg
Glad I don’t live in CA.
So you can modify a car, but if it appears to be modified for “street racing” it is illegal?? Even if the car itself is street legal??
“I believe you might have modifications under the hood” yea, and your point is???
“Your not allowed to have adjustable timing.” ???????????????????????????
So any Honda VTEC motor is illegal????? Or any car with variable timing??????
“I can open your hood (search your car) without your consent or warrant or you will be arrested.” ??????? I guess in CA they have not heard of illegal search and seizure??
I love how they kept saying “illegal for the vehicle” State laws are universal on what is an illegal modification to ANY car, not specific cars. Otherwise that is selective prosecution.
So they are saying an intake manifold is legal for say a Mustang, but not a Honda???
I see some kid with a dad that is a big time lawyer/judge getting a hold of the CA judicial system real soon.
I would even say the video alone could be used in court to show that they are targeting "import" vehicles and making a stop based only on the type of vehicle and THEN tryiong to find a reason for why they pulled the car over. It has to be the other way around. They pull you over for a reason and THEN after further search find other infractions.
Glad I don’t live in CA.
So you can modify a car, but if it appears to be modified for “street racing” it is illegal?? Even if the car itself is street legal??
“I believe you might have modifications under the hood” yea, and your point is???
“Your not allowed to have adjustable timing.” ???????????????????????????
So any Honda VTEC motor is illegal????? Or any car with variable timing??????
“I can open your hood (search your car) without your consent or warrant or you will be arrested.” ??????? I guess in CA they have not heard of illegal search and seizure??
I love how they kept saying “illegal for the vehicle” State laws are universal on what is an illegal modification to ANY car, not specific cars. Otherwise that is selective prosecution.
So they are saying an intake manifold is legal for say a Mustang, but not a Honda???
I see some kid with a dad that is a big time lawyer/judge getting a hold of the CA judicial system real soon.
I would even say the video alone could be used in court to show that they are targeting "import" vehicles and making a stop based only on the type of vehicle and THEN tryiong to find a reason for why they pulled the car over. It has to be the other way around. They pull you over for a reason and THEN after further search find other infractions.
#2
Race Car
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Okay you have GOT to be kidding me right? I mean, what the hell? How can a blue hose be illegal and/or intake work be illegal in the state of CA? That is absurd, this has to be a spoof video or something...
btw do you really think a middle aged man would be driving a "type-R" ricer around? Ha....good one.
btw do you really think a middle aged man would be driving a "type-R" ricer around? Ha....good one.
#4
Race Director
Guys, AFAIK the cop said that things were looking suspicious and that some things were illegal.
I see nothing really wrong with the police checking road worthiness of cars randomly, driving in CA I was constantly wishing that the wrecks would be pulled off the road.
What I find really stupid is that smog issues are taken super seriously while parts on the car that is actually broken and dangerous are not looked at.
I live in a country where there is an annual safety and smog inspection of all cars and I believe that it is for a reason.
I see nothing really wrong with the police checking road worthiness of cars randomly, driving in CA I was constantly wishing that the wrecks would be pulled off the road.
What I find really stupid is that smog issues are taken super seriously while parts on the car that is actually broken and dangerous are not looked at.
I live in a country where there is an annual safety and smog inspection of all cars and I believe that it is for a reason.
#5
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A lot of states in the US have anuall inspections as well. And that is great. My point is the specific targeting of "performance vehicles".
Also, those inspections are to find out what is illegal for ALL cars. not what is illegal for a Honda or Porsche 951 So when you drove in CA they could have given you thousands in fines for you K&N, a crankcase breather, those "blue hoses" that you use for boost/vac. You see my point?
And as long as they target them, the "wrecks" will continue to be driven on the roads.
Also, those inspections are to find out what is illegal for ALL cars. not what is illegal for a Honda or Porsche 951 So when you drove in CA they could have given you thousands in fines for you K&N, a crankcase breather, those "blue hoses" that you use for boost/vac. You see my point?
And as long as they target them, the "wrecks" will continue to be driven on the roads.
#6
leagl parts for a car are "carb" certified thats why the headers were legal, I think what they meant by leagal for this car was carb exempt.
So glad I don't live in califoria, I guess I just value my freedom to much.
So glad I don't live in califoria, I guess I just value my freedom to much.
#7
Adjustable timing is illegal from an emissions stand point. That is the one of the things they check before you put the car on the rolling dyno, they check that the timing is stock through an oscilliscope. I also think that the intent of the illegal "blue hose" should be clarified that so that it should state that the original vacuum routing for emissions control equipment from the factory is present.
Overall I don't really blame the cops for doing this. There are allot of ***-hats in CA. If they are dumb-*** enough to put clear tail-lights on their car that are not DOT approved they should be stopped.
Overall I don't really blame the cops for doing this. There are allot of ***-hats in CA. If they are dumb-*** enough to put clear tail-lights on their car that are not DOT approved they should be stopped.
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#8
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Why a Police officer can do this!
1. There is law in California that prevents the modification of street vehicals for racing.
2. Probable Cause:
Probable cause is where known facts and circumstances, of a reasonably trustworthy nature, are sufficient to justify a man of reasonable caution or prudence in the belief that a crime has been or is being committed. (reasonable man definition; common textbook definition; comes from Draper v. U.S. 1959)
Probable cause is what would lead a person of reasonable caution to believe that something connected with a crime is on the premises of a person or on persons themselves. (sometimes called the nexus definition; nexus is the connection between PC, the person's participation, and elements of criminal activity; determining nexus is the job of a judicial official, and it's almost always required in cases of search warrants, not arrest warrants)
Probable cause is the sum total of layers of information and synthesis of what police have heard, know, or observe as trained officers. (comes from Smith v. U.S. 1949 establishing the experienced police officer standard)
I know "What ever", but the fact is this car had parts and stickers that would indicate that there are modifications to this vehical that could be ilegal, and these modifications were in plain view for the public.
EXP.
Like smoking a joint in front of city hall. If the cop sees and smells it he has probable cause to arrest and search the person.
2. Probable Cause:
Probable cause is where known facts and circumstances, of a reasonably trustworthy nature, are sufficient to justify a man of reasonable caution or prudence in the belief that a crime has been or is being committed. (reasonable man definition; common textbook definition; comes from Draper v. U.S. 1959)
Probable cause is what would lead a person of reasonable caution to believe that something connected with a crime is on the premises of a person or on persons themselves. (sometimes called the nexus definition; nexus is the connection between PC, the person's participation, and elements of criminal activity; determining nexus is the job of a judicial official, and it's almost always required in cases of search warrants, not arrest warrants)
Probable cause is the sum total of layers of information and synthesis of what police have heard, know, or observe as trained officers. (comes from Smith v. U.S. 1949 establishing the experienced police officer standard)
I know "What ever", but the fact is this car had parts and stickers that would indicate that there are modifications to this vehical that could be ilegal, and these modifications were in plain view for the public.
EXP.
Like smoking a joint in front of city hall. If the cop sees and smells it he has probable cause to arrest and search the person.
#9
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The above definition of proable cause is the proof. A modified street car, be it for "street racing" or not is not commiting a "crime" Therefore an officer does not have probable cause to search. now, to use your example, if the cop smells drugs or sees weapons, etc. then there is the right of porbabe cause.
Not a loud muffler
Not a loud muffler
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A thought!
Originally Posted by toddk911
The above definition of proable cause is the proof. A modified street car, be it for "street racing" or not is not commiting a "crime" Therefore an officer does not have probable cause to search. now, to use your example, if the cop smells drugs or sees weapons, etc. then there is the right of porbabe cause.
Not a loud muffler
Not a loud muffler
I think that one would have to read the law and understand the legislative intention to understand what makes a certain part illegal v. another.
Like Braided DOT rated brake lines are an upgrade and do not increase HP but do increase performance and durability. Braided fuel lines on 951's are an upgrade and do not increase HP but are much safer and durable. 5 point seat belts are much safer but do not increase performance.
On my car I have a muffler tip that looks High Performance, but is actually muffles more of the sound making it softer.
I agree this law seems to be full of holes, and will probably be a big pain in the A$$ to normal drivers.
#12
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They say to look for a tachometer with a shift light. What's the big deal about that?
I think police have bigger fish to fry than dudes with aftermarket tachs (as tacky as they may be).
I think police have bigger fish to fry than dudes with aftermarket tachs (as tacky as they may be).
#13
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"Todd, why would it not be probable cause if the car is obviously modified? What is your point?"
Because modifying your car is not a crime
The officer, at least in the US, must have Probable Cause (a crime being or have been commited), to enter or search your vehicle, home person, etc. If no probable cause, then the officer must have your permission or a warrant (court order).
Last I checked a "big tach with a shift light" is not commiting a crime.
Because modifying your car is not a crime
The officer, at least in the US, must have Probable Cause (a crime being or have been commited), to enter or search your vehicle, home person, etc. If no probable cause, then the officer must have your permission or a warrant (court order).
Last I checked a "big tach with a shift light" is not commiting a crime.
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"I agree this law seems to be full of holes, and will probably be a big pain in the A$$ to normal drivers."
Yep. I see what they are trying to do and accomplish, but they are going about it completly wrong!!
It is another example of profileing.
Yep. I see what they are trying to do and accomplish, but they are going about it completly wrong!!
It is another example of profileing.