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Old 03-31-2010, 01:15 AM   #4201
officer140
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Do they need a reason to give you a state referee inspection ticket? can you fight this without doing the inspection? just thinking if you dont consent and they dont want to bother getting a warrant or cant if they can just give you that ticket instead? TIA
My 2 cents: Not sure about Cali law but the general law states probable cause. Why does the LEO want to look under your hood? Does he have probable cause for wanting to take a look? Was your Beemer whistling like a blower was added? An exhaust was added and now he presumes other unlawful mods were done? Without probable cause, no ticket should be issued and can easily be dismissed in court if you state your case properly. BTW, no offense to my female LEO's out there - I say "he" but it's a generic term, like "sir" in the military.
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Old 03-31-2010, 12:51 PM   #4202
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I don't really feel like getting in a pissing match about the consent issues, but funny story. I pulled over a guy that got his "legal" education from the Jay Z song "99 problems" where Jay Z gets pulled over, and refuses to step out of his car and claims the officer will need a warrant to search locked compartments in the vehicle. While a valiant effort on the driver's part, in this case, it ended a little differently than the song, in fact it ended with pepper spray, jail time, and the car being searched anyway.

Blanket advice like "never consent" coming from a stranger on a BMW forum should be taken with a grain of salt. We're all grown ups, and need to make our own decisions about our own situations depending on the circumstances. Cooperating and consenting WILL often make the difference between a warning and jail time. Someone that is 100% cooperative with me gets a ton of leeway (of course, if I find a body in the trunk, can't help much there)
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Old 03-31-2010, 01:44 PM   #4203
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Old 03-31-2010, 10:39 PM   #4204
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Thank you for your opinions, I see where both parties are coming from and aside from a little poking fun :nohomo: i think no harm was ment. i greatly respect and appreciate all LEO they do us a great service and most of the time seem to be underappreciated. this coming from a guy who has had his share of tickets.

My question still stands what RIGHT does the officer have lawfully to search the car or check under the hood? what would be needed to give the "state ref insp." citation? and can this be fought? I'm just looking to know what my rights are. in all honesty i dont think i would ever not allow an officer to search my viechle (i have nothing to fear/hide) but i would like to know my rights are i think voicing to the officer that I AM allowing him to search my car and making it known that i know my rights could be a good thing. In those few cases that you might run into an officer "on a bad day"... well lets jsut leave it at that. Thanks in advance for your responses. again you guys are awesome for responding on a thread like this. i think it helps ppl understand that not all cops are "bad"
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Old 03-31-2010, 11:27 PM   #4205
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Once again, as I stated in my previous post - probable cause is the key. If I pull you over for failure to properly display your license plate (no front plate - in the window, for example), I have no real cause to search your vehicle (although I could). Now, if I were to approach you and upon asking for your vehicle documentation and identification, I smell marijuana coming from your vehicle or I see an open alcohol container, I now have probable cause for searching your vehicle. I believe this case is valid nationwide.
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Old 04-01-2010, 10:29 AM   #4206
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hi frobie.

SO I got busted for crossing a double yellow in the Los Angeles area and the ticket came out to be $1129. I know fighting it would be the most dumbest thing now, but the thing is, I don't have that much money. How can i go upon this?
Wow! Check with the court, you should be able to do a monthly payment program. Pay $50 - $100 a month or so for 10 - 20 months.
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Old 04-01-2010, 10:31 AM   #4207
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If a police officer ask to check under my hoood do i have to let him? just wondering i heard alot of ppl were asked to do this when they were pulled over for at bimmerfest last year. TIA
It would be part of a search. There has to be other things on your vehicle which would lead them to believe that there are illegal modifications under the hood. To some officers, that can be something as little as modified exhaust.
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Old 04-01-2010, 10:17 PM   #4208
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I don't really wanna read through all these posts, but I got a speeding ticket for going 80 in a 65 zone in the fast lane. It was the flow of traffic etc. This is my first offense. My question is does anyone have any idea how much I am looking at here and do I have to show up at the court on the ticket? Or can I go to a court closer to home. The court address on the ticket is about 2 hrs from my house.

thanks so much to anyone who can answer.
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Old 04-01-2010, 10:19 PM   #4209
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Old 04-01-2010, 10:24 PM   #4210
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I don't really wanna read through all these posts, but I got a speeding ticket for going 80 in a 65 zone in the fast lane. It was the flow of traffic etc. This is my first offense. My question is does anyone have any idea how much I am looking at here and do I have to show up at the court on the ticket? Or can I go to a court closer to home. The court address on the ticket is about 2 hrs from my house.

thanks so much to anyone who can answer.
You would have to check with the court to find out the exact amount of the fine.

The ticket has to be taken care of in the County that the violation occurred in. So if you got the ticket in Orange County it has to be taken care of in Orange County, but you might be able to change the venue to a courthouse closer to your home.

You should be able to take care of the fine either through the mail, over the phone, or online. You don't HAVE to go to court, that's only if you chose to fight the ticket.
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Old 04-01-2010, 10:25 PM   #4211
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Herro Joel.
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Old 04-02-2010, 07:46 AM   #4212
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You would have to check with the court to find out the exact amount of the fine.

The ticket has to be taken care of in the County that the violation occurred in. So if you got the ticket in Orange County it has to be taken care of in Orange County, but you might be able to change the venue to a courthouse closer to your home.

You should be able to take care of the fine either through the mail, over the phone, or online. You don't HAVE to go to court, that's only if you chose to fight the ticket.
THanks, I'm definitely going to court as this is my first offense. How soon can I expect to see the fine come in the mail?
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Old 04-02-2010, 10:43 AM   #4213
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There's a difference between a house and a car. One you have a right to privacy. The other you don't. A warrant is required to search a house, not so with a car.
With a car you do not have a reasonable expectation of privacy for areas you can see through the windows also called a plain view search. That is the differece with a house and a car. However to open things up to search other areas of the car the Officer NEEDS probable cause, if he does not have it he does not search it unless you give him permission.

Searches can be complicated and there are many types. So it is extremely complicated to really get all the information you guys need about these. To really understand them you really should read case law and possibly sit down with a willing Officer. I have mad respect for all Law Enforcement that do what they can the right way. There job is by far one of the toughest around, if you do not think so do some do some ride alongs and see what they see on a daily basis.
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Old 04-02-2010, 11:18 AM   #4214
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With a car you do not have a reasonable expectation of privacy for areas you can see through the windows also called a plain view search. That is the differece with a house and a car. However to open things up to search other areas of the car the Officer NEEDS probable cause, if he does not have it he does not search it unless you give him permission.

Searches can be complicated and there are many types. So it is extremely complicated to really get all the information you guys need about these. To really understand them you really should read case law and possibly sit down with a willing Officer. I have mad respect for all Law Enforcement that do what they can the right way. There job is by far one of the toughest around, if you do not think so do some do some ride alongs and see what they see on a daily basis.
Search and seizure is extremely complicated. Which is why I summed it up as simply as I could with my short version...
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Old 04-05-2010, 12:23 PM   #4215
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Thanks for answering all these questions - this is great.

I don't speed on the freeways (cruise control on at 70, sometimes, but usually 65), don't weave, don't overtake aggressively, tailgate, or change lanes late, I indicate, I move over when some jackass in a Prius (or other) pulls up behind me doing 90. I tend to ease off the gas in advance of a slowdown or reduced speed limit, rather than hit the brakes late. I'm very cautious in the city, because I'm a pedestrian and/or a cyclist 5 days a week, and generally a nice guy. I don't have any mods, tints, carbon fiber, radar jammers/detectors, bumper stickers, fake 11-99 plates, etc etc. In short, I drive like my mom.

So, my question is - is there anything dumb I might be doing without realizing that would get me pulled over or ticketed? What do you hear "I'm sorry officer, I had no idea that was illegal" in relation to most often?
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Old 04-05-2010, 03:27 PM   #4216
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The honesty displayed by the OP is refreshing. This thread has confirmed many ideas I had, and I've learned a few things. Most gripes we have should be with the people who place the laws and not those who enforce them.

Is there a quota to meet? The answer is simply yes.While they can't say "yes there is one," the Op also confirmed that he simply can't just ride out and not write a ticket. That pretty much is a tongue-in-cheek admittance of a quota.
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Old 04-05-2010, 05:25 PM   #4217
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The honesty displayed by the OP is refreshing. This thread has confirmed many ideas I had, and I've learned a few things. Most gripes we have should be with the people who place the laws and not those who enforce them.

Is there a quota to meet? The answer is simply yes.While they can't say "yes there is one," the Op also confirmed that he simply can't just ride out and not write a ticket. That pretty much is a tongue-in-cheek admittance of a quota.
The term "quota" is misleading and seems to indicate a specific minimum that would result in negative repercussions if it is not achieved. Like with any job, if you don't show that you are doing something during your shift, then the powers that be will wonder what you did all shift. Conversely, if you write no tickets because you were busy with report calls or other calls for service, you are totally covered.
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Old 04-05-2010, 06:08 PM   #4218
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The term "quota" is misleading and seems to indicate a specific minimum that would result in negative repercussions if it is not achieved. Like with any job, if you don't show that you are doing something during your shift, then the powers that be will wonder what you did all shift. Conversely, if you write no tickets because you were busy with report calls or other calls for service, you are totally covered.
You are right; the term quota is misleading.
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Old 04-08-2010, 12:25 AM   #4219
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so how many does a police officer have to meet if he were out for one drive?
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Old 04-08-2010, 09:21 AM   #4220
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so how many does a police officer have to meet if he were out for one drive?
Again, there is no set number. Just think if an officer or deputy is out working an 8, 10 or 12 hour shift, and they don't respond to any calls for service and they don't take any traffic collision reports. If that is the case, they should be able to write several (probably 10 or more I would guess). If they have calls for service and are taking reports throughout the day, something between 0-5 citations would probably make more sense. Some of the hardcore cite writers will do 20-25 in a day, but it's not like they get any pay bonus or promotion opportunity, or raffle tickets for a TV or microwave because of that. Lots of variables.
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