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  • hdriven
    Junior Member
    • May 2009
    • 26

    Pop your hood

    Hi there guys, If you get pulled over in a "sporty" "Japanese" "raced" out car and the officer asks you to pop the hood do you have to do it? I thought that they needed some sort of probable cause to search and looking under the hood is a form of searching. So, do I have to open my hood?

    P.S. I drive an old 1978 BMW that looks "nice," would a cop ask me to pop my hood or would I be more of a target in a Honda?
  • #2
    Ron-Solo
    In Memoriam
    • Jan 2009
    • 8581

    Originally posted by hdriven
    Hi there guys, If you get pulled over in a "sporty" "Japanese" "raced" out car and the officer asks you to pop the hood do you have to do it? I thought that they needed some sort of probable cause to search and looking under the hood is a form of searching. So, do I have to open my hood?

    P.S. I drive an old 1978 BMW that looks "nice," would a cop ask me to pop my hood or would I be more of a target in a Honda?
    There are sections in the vehicle code that give a lot of leeway when inspecting a vehicle to ensure it complies with the vehicle code.

    Pretty much if the engine doesn't sound stock (and we all know the car makers do everything they can to make them quiet) that can lead you to believe the engine may be modified outside of the emissions requirements and you're fair game. Most high performance equipment comes with a little disclaimer is very small print that say it is not legal for highway use in California. There is no prohibition against selling it, because he may be a "Show Car" or a real "race car", both of which should be trailered to the show or race.

    Keep your car stock and you'll have no problems. If he tells you to pop the hood and you don't, you run the risk of an obstruction charge, having your car towed, a lot of citations for every C/S mechanical violation he can find rather than just one, or possibly a warning.
    LASD Retired
    1978-2011

    NRA Life Member
    CRPA Life Member
    NRA Rifle Instructor
    NRA Shotgun Instructor
    NRA Range Safety Officer
    DOJ Certified Instructor

    Comment

    • #3
      97F1504RAD
      Calguns Addict
      • Dec 2008
      • 6316

      Yes you are required to open your hood for inspection and if you refuse they will impound your vehicle. Is it likely to happen to you in the BMW? NO probably not unless you have it looking like a F&F car. Same applies to the Honda.

      Comment

      • #4
        odysseus
        I need a LIFE!!
        • Dec 2005
        • 10407

        Basically this stuff got heated up when the "fast and furious" crowd got heated up and street racing started getting more organized and public with a gangsta look. Essentially you can be hassled for a "safety" check or "compliance" check for smog if they want to. It's legal for them to request it, and denial will get you impounded. Its "the game" and both sides play it.

        It got so bad I heard of people just with GReddy stickers on stock camry's were getting heated up and inspected. I am sure it still goes on, but I have heard less of it lately, perhaps because I am not really in the street scene anymore. However they can infraction you for a cold air intake if they want to. Even I have heard of people getting a ticket when the CAI has a CARB sticker on it.
        .
        "Just leave me alone, I know what to do." - Kimi Raikkonen

        The moment the idea is admitted into society, that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence.' and that `Property is surely a right of mankind as real as liberty.'
        - John Adams

        http://www.usdebtclock.org/

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        • #5
          goathead
          Veteran Member
          • Mar 2008
          • 3601

          Originally posted by hdriven
          Hi there guys, If you get pulled over in a "sporty" "Japanese" "raced" out car and the officer asks you to pop the hood do you have to do it? I thought that they needed some sort of probable cause to search and looking under the hood is a form of searching. So, do I have to open my hood?

          P.S. I drive an old 1978 BMW that looks "nice," would a cop ask me to pop my hood or would I be more of a target in a Honda?
          thats right up the CHP's alley

          Comment

          • #6
            Fire in the Hole
            Senior Member
            • Oct 2008
            • 1563

            Vehicle Equipment Inspections


            2804 V.C.: Any member of the California Highway Patrol upon reasonable belief that any vehicle is being operated in violation of any provisions of this code or is in such unsafe condition as to endanger any person, may require the driver of the vehicle to stop and submit to an inspection of the vehicle, and its equipment, license plates, and registration card.




            2806 V.C.: Any regularly employed and salaried police officer or deputy sheriff, or any reserve police officer or reserve deputy sheriff listed in Section 830.6 of the Penal Code, having reasonable cause to believe that any vehicle or combination of vehicles is not equipped as required by this code or is in any unsafe condition as to endanger any person, may require the driver to stop and submit the vehicle or combination of vehicles to an inspection and those tests as may be appropriate to determine the safety to persons and compliance with the code.

            Amended Sec. 5, Ch. 292, Stats. 2003. Effective January 1, 2004

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            • #7
              bohoki
              I need a LIFE!!
              • Jan 2006
              • 20816

              what if instead of hood pins you used little luggage locks and dont know the combo?

              Comment

              • #8
                Fire in the Hole
                Senior Member
                • Oct 2008
                • 1563

                Originally posted by bohoki
                what if instead of hood pins you used little luggage locks and dont know the combo?
                Very insightfull. I'm sure that would work well. Or as my old philosophy professor use to answer what if questions, "I don't know. What if a bull frog had wings, would it still bump it's *** jumping from lilly pad to lilly pad?"

                Comment

                • #9
                  tyrist
                  Veteran Member
                  • Jun 2007
                  • 4564

                  Yup you have to pop the hood. We can also inspect certain equipment items inside of the passenger compartment as well. Test the brakes, hi beams and alike.

                  Comment

                  • #10
                    Ron-Solo
                    In Memoriam
                    • Jan 2009
                    • 8581

                    Originally posted by bohoki
                    what if instead of hood pins you used little luggage locks and dont know the combo?
                    Hmmmm.............Let's see.........bolt cutters.......tow truck......take you to jail for obstructing.......shine it on........what kind of mood am I in today........
                    LASD Retired
                    1978-2011

                    NRA Life Member
                    CRPA Life Member
                    NRA Rifle Instructor
                    NRA Shotgun Instructor
                    NRA Range Safety Officer
                    DOJ Certified Instructor

                    Comment

                    • #11
                      Ron-Solo
                      In Memoriam
                      • Jan 2009
                      • 8581

                      Originally posted by Fire in the Hole
                      Vehicle Equipment Inspections


                      2804 V.C.: Any member of the California Highway Patrol upon reasonable belief that any vehicle is being operated in violation of any provisions of this code or is in such unsafe condition as to endanger any person, may require the driver of the vehicle to stop and submit to an inspection of the vehicle, and its equipment, license plates, and registration card.




                      2806 V.C.: Any regularly employed and salaried police officer or deputy sheriff, or any reserve police officer or reserve deputy sheriff listed in Section 830.6 of the Penal Code, having reasonable cause to believe that any vehicle or combination of vehicles is not equipped as required by this code or is in any unsafe condition as to endanger any person, may require the driver to stop and submit the vehicle or combination of vehicles to an inspection and those tests as may be appropriate to determine the safety to persons and compliance with the code.

                      Amended Sec. 5, Ch. 292, Stats. 2003. Effective January 1, 2004

                      Thanks Fire, I was having a brain fade and couldn't remember the sections.
                      LASD Retired
                      1978-2011

                      NRA Life Member
                      CRPA Life Member
                      NRA Rifle Instructor
                      NRA Shotgun Instructor
                      NRA Range Safety Officer
                      DOJ Certified Instructor

                      Comment

                      • #12
                        Fire in the Hole
                        Senior Member
                        • Oct 2008
                        • 1563

                        Originally posted by Ron-Solo
                        Thanks Fire, I was having a brain fade and couldn't remember the sections.

                        The cobwebs of my mind.

                        Comment

                        • #13
                          tyrist
                          Veteran Member
                          • Jun 2007
                          • 4564

                          Just so everyone reading this realizes you really have to be horrible for us to go to all this trouble. I have only used the citation continuation sheet once. The guy talked himself into getting the hook up.

                          Comment

                          • #14
                            SVT-40
                            I need a LIFE!!
                            • Jan 2008
                            • 12894

                            Originally posted by bohoki
                            what if instead of hood pins you used little luggage locks and dont know the combo?
                            That's one of the many reasons ALL our units had a nice big pair of bolt cutters in each trunk. Never had to use them on hood locks though. But I imagine they would cut them like a hot knife through butter.
                            Poke'm with a stick!


                            Originally posted by fiddletown
                            What you believe and what is true in real life in the real world aren't necessarily the same thing. And what you believe doesn't change what is true in real life in the real world.

                            Comment

                            • #15
                              bohoki
                              I need a LIFE!!
                              • Jan 2006
                              • 20816

                              Originally posted by SVT-40
                              That's one of the many reasons ALL our units had a nice big pair of bolt cutters in each trunk. Never had to use them on hood locks though. But I imagine they would cut them like a hot knife through butter.
                              sounds like destruction of property without a warrant

                              hmm i guess there is no more 4th amendment if they are allowed to enter your car to check for lights and signals and happen to find something else after smelling something



                              so all the angry officer had to do was say give me the keys i need to check your high beams you turn them on buy opening this ashtray right? oops

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