G35 Sedan V35 2003-06 Discussion about the 1st Generation V35 G35 Sedan

Any attorneys here? A hypothetical...

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Old Apr 10, 2004 | 05:15 PM
  #1  
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Any attorneys here? A hypothetical...

Hey guys

Since I am installing a non-street-legal TT kit (see my sig). I have been hearing that many of these, to use my good friend's phrase, Taxifornia cops pull people over if they suspect a modified car and have you pop the hood for an inspection for illegal mods. I am sure they can make up a better reason for pulling you over... but here is my question:

A hypothetical: If I get pulled over, for suspician of driving a street-illegal car, or for that matter speedings, etc., does the cop have probable cause to look under hood? Do I have the right to refuse? Isn't this an illegal search?

This is important to all of us modders, as non of these parts that we are putting on are CARB approved. As far as I know, any performance-altering modification must be carb appproved (including intakes, etc.) Am I wrong on this (I may be)? A friend in his G35 (who is NOT on this forum) was pulled over, the cop had him pop the hood, saw the injen intake and wrote him up. He was forced to take the intake off and go in for an inspection at the courthouse.

Thanks
Gurgen

<P ID="edit"><FONT class="small"><EM>Edited by gurgenpb on 04/10/04 02:22 PM.</EM></FONT></P>
 
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Old Apr 10, 2004 | 05:49 PM
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Re: Any attorneys here? A hypothetical...

I can't believe the cop could issue a citation for an aftermarket intake such as the Injen. I thought they were carb certified and street legal.

 
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Old Apr 10, 2004 | 06:04 PM
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Re: Any attorneys here? A hypothetical...

That's the thing, the injen intakes are NOT carb-certified (at least werene't 6 months ago). He called them and was told so.

Gurgen

 
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Old Apr 10, 2004 | 11:00 PM
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Re: Any attorneys here? A hypothetical...

So are injen's now carb-certified and do u happen to know about other intakes.
I am not sure about ur question but if I am not mistaken if you car makes a alot of noise they are allowed to look under your hood and check to see if u have anything illegal or not. But my question is how would they know if its carb legal or not?

 
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Old Apr 11, 2004 | 03:15 AM
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Re: Any attorneys here? A hypothetical...

My K&N Typhoon is stickered as CARB legal.

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Old Apr 11, 2004 | 03:26 AM
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Re: Any attorneys here? A hypothetical...

There you go, I think it WILL/MUST be stickered. I have no idea which intakes are/are not carb legal. Or for that matter, which mods have to be carb-approved.

Gurgen

 
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Old Apr 11, 2004 | 03:32 AM
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Re: Any attorneys here? A hypothetical...

Gurgen,
I'm fairly certain JWT Pop-charger is CARB Legal and perhaps the Stillen as well.

... get the Pop! =P

Clint (THX723)
 
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Old Apr 11, 2004 | 04:03 AM
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Re: Any attorneys here? A hypothetical...

You're probably right. But I am afraid that if I am stopped, and the cop sees my turbos (only if he knows what to look for), I maybe in trouble.

Gurgen

 
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Old Apr 11, 2004 | 06:09 PM
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Re: Any attorneys here? A hypothetical...

I'm so glad I left Crapifornia.

 
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Old Apr 11, 2004 | 06:20 PM
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Re: Any attorneys here? A hypothetical...

Mmmm I dont think anything in my car is CARB/Street legal...guess I better keep my lawyers number handy =)

Gurgen,
I have found that the law isnt whats important - its about luck and how much you will spend to stay out of trouble on lawyers - I work on 8 figure cases at my job (not a lawyer, I work on the discovery side) and nothing really matters but the amount of money you throw at it and a little luck with the judge.

So besides blowing your engine to kingdom come...you might want to earmark a little cash for some help if you do the "Downtown Macaraina" for you mods =)

Worth

2004.5 Sedan AT DG/Sport/Flaps/Premium/max tint/Bose/CAI Injen/6 wire ground kit/Custom ECU/Zaino layers=6
next mod: N2O
 
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Old Apr 11, 2004 | 08:04 PM
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Re: Any attorneys here? A hypothetical...

The cop doesn't need probable cause. He needs reasonable suspicion. If your car looks modded and if modded cars are typically illegal in some way, then he arguably has reasonable suspicion.

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Old Apr 11, 2004 | 09:40 PM
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Re: Any attorneys here? A hypothetical...

If the car doesn't "look modded", the officer will have some explaning to do. A police officer cannot conduct a search on the basis of reasonable suspicion just because he "thinks" the car is modded. He must be able to articulate specific facts that indicate the basis for his search. Preferable, he will do this at the time of search. But he will certainly have to do it in court, if asked.

<font color=blue>'04 G35S 5AT, Black Obsidian/Willow, Prem/Nav/Sat</font color=blue>
 
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Old Apr 11, 2004 | 10:24 PM
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Re: Any attorneys here? A hypothetical...

Noremac, you have got a point. The juge will certanly ask, at my reque-st/dema, what it is tha promted thesrach. It is a search, isn't it!? I just hope it doesn't get to that point. I guess if he knows what he is talking about, he could notice the intercooler expose in the front! But then again, it is a radiator, not an intercooler!!! [img]/w3timages/icons/wink.gif[/img]

 
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Old Apr 12, 2004 | 10:38 AM
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Re: Any attorneys here? A hypothetical...

good luck man. let me know if you ever wan to use my address in AZ so you don't have to do emissions testing or CARB stickering. (for a small fee, say beer?)



Better Life thru Chemistry
Black on Black 03.5 Sedan 6MT - Goodyear F1 GS-D3's 225/55/17, Custom Intake Tube, HyperGround Kit, Magnaflow resonator.
 
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Old Apr 12, 2004 | 02:33 PM
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Re: Any attorneys here? A hypothetical...

Thanks a lot for the offer, I may take you on that.

Gurgen

 
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