[HELP] VC 27156 MODIFIED EMISSIONS ticket
#11
Originally Posted by Asura' date='Jan 31 2005, 08:04 PM
There is a distinction between a modified exhaust (illegal) and an aftermarket-non-oem exhaust. Of course they can nail you based on dB's..although that is another issue.
#12
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Originally Posted by CrazyPhuD' date='Jan 31 2005, 05:26 PM
Here's a better question why do so many people pop the hood when the cop asks. You know you can say no. Just like if they were to ask to search your car. You can say no and ask them to get a search warrant. For them to search your car one of three things has to happen, they either need owner permission, probable cause or a search warrant. It is very unlikely they will ever go to the effort. As for probable cause for a traffic stop they don't have a chance in hell. How can they possibly have any idea that it is illegal? Noise??? Nope not a chance...loud does not mean illegal. There are perfectly legal loud intakes. There is no way they can tell via sound that an intake is illegal. So that remains visual, anyone know a cop with X-ray vision that can see into your enginebay with the hood closed? They win because the owners give them verbal permission, you have the right to not give your permission to search.
That said they may still claim probable cause and search anyway(and this point you should comply with the officers orders, but make it clear that you are NOT consenting to search you are merely complying with the lawful order of an officer of the law). If you get a ticket now you can fight to declare the search illegal in court. If the court determines that the officer did not have probable cause then any evidence gathered during that search will be thrown out. This would remove any evidence against you and without evidence of an illegal intake the case would be thrown out.
That said they may still claim probable cause and search anyway(and this point you should comply with the officers orders, but make it clear that you are NOT consenting to search you are merely complying with the lawful order of an officer of the law). If you get a ticket now you can fight to declare the search illegal in court. If the court determines that the officer did not have probable cause then any evidence gathered during that search will be thrown out. This would remove any evidence against you and without evidence of an illegal intake the case would be thrown out.
#13
[quote name='bluesaint' date='Jan 31 2005, 05:16 PM'] the only problem with that, is the cop will win 100% of the time in quote if they simply said "he/she had a modified exhaust, and therefore, there is a probable cause."
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