Originally posted by nosaccord2k
in all honesty, go talk to a public defender, or an lawyer. it sounds to me like they don't know what they are talking about at all. Fight this thing all the way for sure, this harrasment must stop.
by the way, for future reference for all, never pop your hood or trunk for a cop when they ask (if they are harrassing you), it actually is against the law for them to do so without certain cause or a warrant. wanting you to pop the hood when you are lowered with an exhaust visable is no justifiable cause for them to check under your hood, in the trunk, in the glove box, etc....
They have no legal standing to do so. It's actually unconstitutional, unless you actually submit, and proceed to pop your hood or trunk. If you resist, the officer will have to call in to the PD, and have a warrant issued for that type of search, UNLESS, there are drugs in the car, you are driving drunk (sometimes this doesn't even constitute a legal reason), etc......
THere is a whole gambit of constitutional laws regarding these issues. Do some legal research, talk to lawyers, and find out the truth! You don't HAVE to do everything the officer says.
the downfall, if the officer actually goes through the hassle of getting a warrant, they will nail you for every single thing that you have done that they can write you up for, and most likely, if you are really illegal, your car will be impounded or confescated.
But i urge everyone to go out and read the laws, do the research, and by all means fight the dirty cops with knowledge!!!
Oh I love schoolbook lawyers. I would agree, as you, that anyone who has a question about a pending criminal case should consult an attorney to see what their options are. However, you give some bad, if not potentially painfull advice to those here who have no reason to fear the law.
Now you, nor I, were at the scene of the traffic stop, so we are admittedly at a loss to truly know what took place. But, based upon the original poster's message, I would have to assume that the stop was originally based upon an infraction (speeding). That, in itself is a lawfull basis for an arrest and contact with the occupants. Doesn't sound like harrassment to me.
It was during that stop, however, that (potentially) unlawfull equipment was discovered. If the officers arbitrarily, and without probable cause, opened the hood, then the search of the engine compartment may be deemed illegal. What we don't know, however, is what could be observed in plain view, or what caused the officers to wonder what was under the hood. The original poster mentioned that an intercooler may have been visible, (I thought you would have opened the hood to see that, but anyway...)and that, in itself, MAY be probable cause enough to open the hood without a warrant. But, as you danced around, consent is also an exception to a warrantless search. So, if the officers ASKED if the hood could be opened, and it subsequently was, then all bets are off to what was found.
You advised that people should just deny access to the officer if he asks to see what is under the hood, trunk, glovebox, etc. However, to simply deny access means that the driver, and/or the vehicle, may be held until a warrant is obtained to search the car, based upon the officer's observations and what happened during the stop. I would advise that those who have nothing to hide simply comply with the request. For those who have unlawfull modifications, it is up to you how you want it handled. I happen to think it is much easier to "suck it up" and take the "fix it" ticket and go on your way. Otherwise, the driver/owner may be in for long day while the warrant is obtained. Obtaining a warrant is not a matter of "calling into the PD," as you alluded. The warrant must be submitted to a judge, either in written form or telephonically, and the judge ultimately decides if there is enough probable cause to issue the warrant. This, in and of itself, is a rather timely process.
Let's assume, however, that the search itself was deemed "illegal." All that means, though, is any potential criminal charges related to that search may be thrown out. What it doesn't mean is that the poster gets to walk away without somehow having to deal with any unlawfull equipment that he has on his car. I would have to believe that this type of case would be similar to someone found in possession of illegal narcotics (during an unlawfull search). Yes, the narcotics charges may be dropped, but the perpetrator doesn't get his drugs back. There are just no charges levied. If, in the poster's case, the search was deemed unconstitutional, I believe the judge may still ask to have the equipment taken care of. I don't know for sure, as I have never had to deal with vehicle code violations.
Yeah, your right in that you don't HAVE to do everything the police asks you to do, but you better be sure of what may happen if you choose not to. Not all police officers are "dirty," and there is nothing in the poster's message to say that they are in this case.