- squirrel wrote:
- Cinder wrote:
- they cant arrest you, but they can tow the car, but then they have to wait to get a warrent, and then if theirs nothing their, its their ass on the line. like i said we've been through this tons of times, their was a post with the vehicle codes on the other forum saying you dont have too....if you've been arrested before just becuase you didnt pop your hood then the cop better have had a damn good reason other than "modification", or you could have had a violated constitutional right suit. but no matter. like i said, just put the trd stuff, and a header on kirby.
Actually, when a veicle is towed, an inventory is conducted on the vehicle for the tow. So the hood will be popped.
A vehicle can be held as Evidence for more than 30 days.
The quickest I've been to court for a ticket I issued was around 60 days.
The courts are clogged out here, and the vehicle will be held til released upon judication.
And in actually, the Police can inspect your vehicle once its upon the roadway.
Did you know I could tow yor car as being unsafe if its missing one of the lugnuts? Its required equipment for safety.
How do I know all of this? I've been an Oakland Police Officer, in Patrol, for 15 years. Yes, Oakland.
Did you know you can get a ticket for having sunglasses that don't follow the specifications outlined in the vehicle code?
Did you know if you bought a vehicle that was previously used as a school bus and is still yellow, that's a violation?
That 3 inch book gives me more than enough probable cause to write any ticket I want, and tow your vehicle should I deem it necessary according to the letter of the law.
Actually, per the fourth amendment, you can only search the driver and
passenger area if the driver is
arrested.....
Also, a person does not have to answer any questions
if they are in not under custodial interrogation ( i.e arrest) and then they are also allowed legal counsel. True, you may search my vehicle,
if you have probable cause of weapons But then as I said, only the passenger compartment, not the engine. Unless I am actually pulled over for "illegal street racing", there is no probable cause to search and you are violating my civil rights.
Vehicle Searches Based on Probable Cause
Right to Search a Vehicle Based on Probable Cause that Evidence Is in the Vehicle:
Officers may search a vehicle without a warrant if there is probable cause to believe that the vehicle contains something of evidentiary value that can be legally seized
The search is restricted to areas where there is probable cause to believe the items are located
The search may be done at the scene or later at a more convenient location . (inventoried, but there has to be a probable cause for the inventory, too thick of sunglasses doesn't cut it, but
If I am illegally street racing or such, such as exhibition of speed, okay, I deserve to be pulled over and searched....)
Right to Stop Vehicles at Roadblocks
Vehicles may NOT be stopped randomly
without suspicion of illegal activity.
Roadblocks may be established for DUI
All cars may be stopped briefly
A sample of the cars may be stopped
Example – stop every 4th car
Officers MAY set up roadblocks in order to distribute information about a recent crime that occurred in the area
Officers may NOT set up roadblocks to check for general criminal activity such as illegal drugs
Right to Search a Vehicle Incident to Arrest of Someone in the Vehicle:
When an occupant of a car is arrested, officers may conduct a thorough search of the person arrested and the entire passenger compartment.Vehicle Searches Based on Reasonable Suspicion
A vehicle may be searched based on reasonable suspicion
if:
There are specific articulable facts that would cause a reasonable officer to believe that at least one of the occupants of the vehicle was involved in criminal activity AND
There is reasonable suspicion that the vehicle contained weapons the suspect might use against the officers
NOTE: The search is limited to a search of the passenger compartment for weapons.Consent Searches Standard for Giving Consent
Consent must be given voluntarily
Totality of circumstances tests
Do NOT need to warn individuals that they have a Fourth Amendment right to refuse to give consent for a search
Officers can NOT:
Threaten or intimidate
Falsely claim that they have a search warrantAs for a yellow bus, it can stay yellow, it just cant have the words school bus on it anymore.... just like if I buy a retired cruiser, I cant hve the department labels and symbols on it anymore, You just cannot have a vehicle that reasonable replicats a governmental vehicle.
Is there more to it? Sure there is, but we do have rights if we are not illegally street racing and if we are obeying the CA penal, vehicle and etc code as a reasonable person would.... and ya, That all does come from a CA POST class though....
Thu Mar 23, 2017 11:12 pm by The Kirby
Subject: Re: Pulleys and Other Crap 
