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-   -   California crackdown on modified cars (https://www.rx8club.com/west-rx-8-forum-34/california-crackdown-modified-cars-68600/)

Omicron 08-06-2005 07:51 AM

California crackdown on modified cars
 
FYI, in case you all haven't seen this:

http://www.thenewspaper.com/news/05/576.asp

Batman220 08-06-2005 10:09 AM

f-ing bastards. I never speed in my car. Just quickly up to speed on the on and off ramps. I am going to be pissed if I get pulled over just because I have an exhaust and a MS body kit.

I am from CO and they would never let that type of crap happen there.

Xyntax 08-06-2005 10:45 AM

Wow, if this was a white-boy fad, this would never happen. Just check out the hot rod movement, other muscle car fad, and Harley's other other motorbikes--excessive noise my ass those guys can wake up an entire zip code. Now that Asians are doing it, it becomes a problem.

Frostee 08-06-2005 10:54 AM

so....

modded car = street racer

:confused:

why not just go after the street racers themselves? that kind of law would never fly here, albeit, modded cars arent as high in nmbers here as the southern parts of the continent.

NgoRX8 08-06-2005 11:02 AM

This is the worst news I have ever heard, I think it is time to move...

Moostafa29 08-06-2005 11:04 AM

Weak sauce!

dannobre 08-06-2005 11:24 AM

What a bunch of CRAP. It may not be racial profiling...but it sure is aimed at a specific segment of the population. I an not Asian, not in my 20's, don't street race...and don't break the law...but they would sure as hell pull my car over if they use those criteria :(

Talk to the Governator......

RotaryNoob 08-06-2005 12:08 PM

Just build sleepers. No need for stickers and big wings. It seems thats the type of thing they'll be looking for.

lazi 08-06-2005 01:36 PM

OUCH that does suck

Deuse 08-06-2005 02:41 PM

damn that sounds like a bunch of crap!, hope that doesnt start happening in vegas

Mny Rex 08-06-2005 02:50 PM

That seems a bit excessive, I mean any mustang GT or any of the v8's off the lot of a dealership is way louder than my HKS exhaust on my RX8. This has to be the dumbest thing ive ever read.

09Factor 08-06-2005 03:37 PM

I wonder if crap only pertains to cars. The Dodge Rumblebee is loud, lays rubber well and has a wing. if an asian is driving that is that a instant popo invite? And what about crazy ass riders on crotch rockets?

PUR NRG 08-06-2005 05:50 PM

As unfortunate as it may be for us, it's a logical response to sideshows and street racing. Let's admit it--everything they are cracking down on is already illegal so it's not a matter of "bogus" new laws. Any car sporting lots of vinyl graphics is significantly more likely to also have illegal emissions, tinting and other mods so it only makes sense they'd be the ones targetted.
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Jailbroken

Jedi54 08-08-2005 01:25 PM

This is BULLSHIT!!

Anyone ever stood next to a new Lamborghini Murcielago?! That thing is louder at idle the some cars at WOT!

If this isn't an illegal vehicle search, I don't know what is.
"Police say this gives them probable cause to stop and inspect a vehicle and its engine compartment."

Since when is having large spoilers, extra guages or decals enough to have Probable Cause ?! Reasonable Suspicion, MAYBE but no way is this PC.
With the exception of the tinted window, none of those are illegal! Anyone else catch that?! Now having something that is LEGAL can give a police officer Probable Cause ?! :confused:

I dare a police officer to pull me over, and ticket me for this...

My corporate attorneys will EAT THEM ALIVE!


It takes a lot to piss off a Jedi, but they're doing a good job of it at the moment... :mad:

PUR NRG 08-08-2005 02:12 PM

In addition to tinted windows, excessively loud exhausts (I forget the dB level) and emission violations are illegal in California. Keep in mind emission violations include anything from intake to catalytic converter (including ECU). If it doesn't have a CARB exemption it's illegal.

Reasonable suspicion: an objectively reasonable suspicion that a person would entertain, based upon facts that could cause a reasonable person in a like position, drawing when appropriate upon his or her training and experience, to suspect abuse.

Probable cause: The amount and quality of information police must have before they can arrest or search without a warrant.
________
Paxil Lawyers

RX8 XTC 08-08-2005 02:25 PM

this is B.S !!! ahh now what !!

Jedi54 08-08-2005 02:42 PM


Originally Posted by PUR NRG

Probable cause: The amount and quality of information police must have before they can arrest or search without a warrant.

My point exactly.

The exhaust note theory is still pretty thin but having extra guages or decals does not satisfy the requirements of Probable Cause

No way, no judge will take that leap... Decals = PC = Valid Search. Where's the B.S. flag when I need it?

Gambit 08-08-2005 02:53 PM

That's the stupidest thing I've ever heard. and stupidest isn't even a word

Your car being loud or having a body kit is NOT probable cause for street racing. I have a better idea, get off your lazy asses and catch the people ACTUALLY street racing. Or do it like we do in jersey, noise violations are only after like 10 or 11pm...and you gotta be damn loud to get one. fuckin harleys....you ever hear one of those go by when you have a headache...you feel liek the world is ending

PUR NRG 08-08-2005 03:03 PM


Originally Posted by Gambit
Your car being loud or having a body kit is NOT probable cause for street racing.

Go back and re-read the article. It's reasonable suspicion that your car may have illegal modifications. Reasonable suspicion is sufficient to detain a person for questioning that can lead to probable cause for citation.

Here's an example of how it works: an officer hears what may be an excessively loud exhaust and what appear to be tinted front windows. That's enough grounds to detain/arrest a person. (The constant red light means you're under arrest. Being under arrest doesn't necessarily mean handcuffs and a jail visit.) While speaking to the driver the officer notices a boost gauge in plain sight on a car that doesn't come from the factory with a turbo. That's enough to pop the hood and look for a turbo/supercharger and the CARB exemption sticker. No sticker, another violation.

All of this is totally legal and has been that way for many years. Just like prostitution or red light running crackdowns the only difference is selective law enforcement means the problem has gotten enough noteriety that police are paying more attention to that particular crime in order to reduce its occurence.
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Lovely Wendie99

Jedi54 08-08-2005 03:26 PM

Pur,

I went and re-read and I'm sticking to my guns on this one:


Under Drag-Net, San Diego officers come to train other departments how to look out for what they believe to be tell-tale signs of illegal modification such as window tinting, large spoilers, extra gauges or racing stickers. Police say this gives them probable cause to stop and inspect a vehicle and its engine compartment.

Oh, and you're wrong in your example:


Here's an example of how it works: an officer hears what may be an excessively loud exhaust and what appear to be tinted front windows. That's enough grounds to detain/arrest a person.
That might be enough for reasonable suspicion, which would lead to pulling you over but that is definitely not enough to "detain / arrest".

Detaining= Reasonable suspicion
Arresting = Probable Cause

There is a huge difference between the two.


While on the subject of the 4th Amendment...

they still must have probable cause to search a vehicle 62 and they may not make random stops of vehicles on the roads, but instead must base stops of individual vehicles on probable cause or some ''articulable and reasonable suspicion'' Supp.5 of traffic or safety violation or some other criminal activity.
source: http://caselaw.lp.findlaw.com/data/c...nt04/03.html#4

murix 08-08-2005 03:41 PM

This is the part that pisses me off. It talks about making money and not about why exactly giving tickets is considered a public safety issue or doing anyone any good. Lame. What ever happed to protect and serve?

The concept, which originated in San Diego in 2001, has been spreading throughout the state and generated significant revenue for the California Highway Patrol and local departments. In Santa Fe Springs, for example, twelve officers on Drag-Net duty issued 300 citations and impounded 50 vehicles in just one weekend. Several cities have drag-racing ordinances that allow police to auction off seized cars and keep the profits.

Dave Gotwisner 08-08-2005 04:51 PM

We are talking misdemeanor here rather than felony. I suspect that the rules for probable cause, etc. are a little more lax.

As someone already said, the audible/visual things are probably sufficient grounds. To use a different example: If a cop pulls you over for no headlights at night, he will assume you are drunk. It's illegal to drive without headlights, but the majority of people who drive without headlights for any distance have been found to be under the influence. The lights give him the right to smell your breath, etc. How do I know this? A CHP officer pulled me over once with my lights off (all 4 RX7 lights burned out within 3 days). His actions and questions weren't those you would expect for a lights off (like, where were you coming from, did you have anything to drink, etc.). I asked him why and he told me (nope, I didn't have anything to drink, and got a fixit ticket).

Xyntax 08-08-2005 04:55 PM

^ Yup, if it generates money, it flies. That is priority #1 in our government right now. Why do they need this? To improve prison facilities for a more humane system--they're even closing down our schools for this purpose. This is what happens when smart people are doing other things like being a doctor, engineer, etc. and the dumb ones are in office.

Tyler8 08-08-2005 05:01 PM

Welcome to the Peoples Republic of Kalifornia.

Folks that live there pay for too much government and (unfortunately) get most of what you pay for...

Tyler8
2005 6MT Shinka

TRU681 08-08-2005 05:13 PM


Originally Posted by Xyntax
^ Yup, if it generates money, it flies. That is priority #1 in our government right now. Why do they need this? To improve prison facilities for a more humane system--they're even closing down our schools for this purpose. This is what happens when smart people are doing other things like being a doctor, engineer, etc. and the dumb ones are in office.

It's all about the money. The dumb ones are actually not dumb because the only reason they want to be in office & politics simply for pocketing loads of so called donations from private parties(rich peoeple or big companies that needs favors on the side). They are not in office to help us, they are in office to deepen their pockets which is already pretty full to begin with.


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