Whew! Pulled over in Milpitas...

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Old Oct 17, 2011 | 12:01 PM
  #46  
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Originally Posted by Hoofus
Correction. Your vehicle is technically private property, you are governed by private property laws until you remove yourself from your vehicle.

citizen you own it thus making it 'private property'.
Corrected IT IS NOT private property, if registered in State of California, the state technically owns your car. But protected under certain laws.
Old Oct 17, 2011 | 12:16 PM
  #47  
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Better make sure he doesn't read this thread!
Old Oct 17, 2011 | 12:19 PM
  #48  
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Originally Posted by Heedz
2) you consent to opening your hood which you can deny if you like.
.

This is correct in theory, but not in practice. I'd like to offer up a challenge to someone, next time you get pulled over and the cop asks you to pop your hood, say no and see what happens, then report back here with full details.
Old Oct 17, 2011 | 12:23 PM
  #49  
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Originally Posted by brucelee
This is correct in theory, but not in practice. I'd like to offer up a challenge to someone, next time you get pulled over and the cop asks you to pop your hood, say no and see what happens, then report back here with full details.
What happens is that they waste more of your time. Run your plates, etc. I've done it before. I would say maybe an hour and then finally let you go sorta by tailing you for a bit. It's more of a scare tactic than anything.
Old Oct 17, 2011 | 12:31 PM
  #50  
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Originally Posted by SkizzDawg
I have a friend whos brother is an officer. he was pulled over for his exhaust. The officer asked him to step out of the car but before stepping out to pop his hood. His brother told him not to and proceeded to ask the officer why he has to step out of the car and pop his hood. The officer puffed up his chest got on his soap box and went on about how he is an officer and has the right and how dare he question him and his authority. After the officer ran out of breath saying everything my friends brother pulled out his badge and said are you sure you know what your talking about? The officer handed my friend back his License, reg and insurance, said have a nice day and walked away. They both said the look on his face was priceless and they wish they would have gotten that recorded.
this sounds like complete BS.. no offense. It's just not reality.
Old Oct 17, 2011 | 12:35 PM
  #51  
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No makes some sense, cop asked him to step out and open his hood, which means you're doing it on your own terms, he can deny doing that. Which would back my theory up once again. You're not obligated to pop your hood. If asked for because he cannot do it himself. Just like a cop coming to your door asking for permission you give the LEO permission, they find a bong on the table.....
Old Oct 17, 2011 | 12:37 PM
  #52  
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Originally Posted by brucelee
This is correct in theory, but not in practice.
THIS about everything.

They LEO can and will do whatever they want on the spot. If what they did is shady well guess what.. after you go through all the trouble of going to court, the expense of the tow, the missed work and other potential inconvenience, the LEO may potential just simply not show to make it alllll go away. Again.. Is it right? doesnt matter. Theoretically they all should be there to protect and serve.. in practice it may not be you who they are instructed to protect and serve. They may be "protecting" others from you.. to serve "them".. not you. Bottom line.. Be who you are. If you are a scum bag.. they will see. If you are legit, chances are they will be also.
Old Oct 17, 2011 | 12:38 PM
  #53  
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Originally Posted by Heedz
No makes some sense, cop asked him to step out and open his hood, which means you're doing it on your own terms, he can deny doing that. Which would back my theory up once again. You're not obligated to pop your hood. If asked for because he cannot do it himself. Just like a cop coming to your door asking for permission you give the LEO permission, they find a bong on the table.....
in reality... a cop asking you to to anything is simply a cop telling you to do something in a nice way. Try saying "no" and see that question quickly become a demand.
Old Oct 17, 2011 | 12:39 PM
  #54  
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Originally Posted by Heedz
Corrected IT IS NOT private property, if registered in State of California, the state technically owns your car. But protected under certain laws.
Glad I don't live in communistFORNIA, anywhere else that has the castle doctrine you are able to protect yourself regardless of the dwelling you're in including your car.

Originally Posted by brucelee
This is correct in theory, but not in practice. I'd like to offer up a challenge to someone, next time you get pulled over and the cop asks you to pop your hood, say no and see what happens, then report back here with full details.
Simple have to say, not without due cause or a warrant officer. If 'we the people' don't start standing up for our civil liberties things are going to get much uglier the further along we go.

Originally Posted by johndabrit
THIS about everything.

They LEO can and will do whatever they want on the spot. If what they did is shady well guess what.. after you go through all the trouble of going to court, the expense of the tow, the missed work and other potential inconvenience, the LEO may potential just simply not show to make it alllll go away.
And the court will find you not guilty of anything, if you don't show up for court you automatically loose. IF judge still fines you then the proper course of action would be to go to the local paper and then to the appeals court and file for an appeal.

That judge should then be fired.

Last edited by Hoofus; Oct 17, 2011 at 12:43 PM.
Old Oct 17, 2011 | 12:44 PM
  #55  
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Originally Posted by Hoofus
Glad I don't live in communistFORNIA, anywhere else that has the castle doctrine you are able to protect yourself regardless of the dwelling you're in including your car.



Simple have to say, not without due cause or a warrant officer. If 'we the people' don't start standing up for our civil liberties things are going to get much uglier the further along we go.

get your point but i really dont think it matters where you are. If a cop wants in they will get in and deal with the consequences later. The only thing they fear is IA and it takes IA a few complaints to open their ears let alone do anything. Once you have IA attention though you never shake it. Let the officer do whatever. If you are cited, you will have all of his information and you are then able to do whatever you like. i.e. file a complaint with I.A., defend yourself in court, etc.

all it takes is for the LEO report to include your demeanor as anything but pleasant and you are pretty much screwed. Double screwed if they used words like "combative" and/or "uncooperative."

Last edited by johndabrit; Oct 17, 2011 at 12:46 PM.
Old Oct 17, 2011 | 12:45 PM
  #56  
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Originally Posted by johndabrit
in reality... a cop asking you to to anything is simply a cop telling you to do something in a nice way. Try saying "no" and see that question quickly become a demand.
I have. They left me alone and said have a good night sir. If you want I will go and quote from sheriffs in my area. Hell even facebook one if you really want. Searching the vehicle may be another case because it is possible endangerment to the LEO.
Old Oct 17, 2011 | 12:52 PM
  #57  
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Originally Posted by Heedz
I have. They left me alone and said have a good night sir. If you want I will go and quote from sheriffs in my area. Hell even facebook one if you really want. Searching the vehicle may be another case because it is possible endangerment to the LEO.
consider yourself lucky..

I've had my hood popped. For good reason. I'm not loud, but my speed on the bridge was excessive along with a few other folks. There were about 7 cars.. none of which knew each other cruising at about 80. I was in the back. I got pulled. We spoke for a few minutes and I believe the only thing that saved my car was the fact i was open and honest with him. I would suggest others adapt a similar philosophy. I expected the speeding ticket. I got one.
Old Oct 17, 2011 | 01:07 PM
  #58  
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Originally Posted by johndabrit
consider yourself lucky..

I've had my hood popped. For good reason. I'm not loud, but my speed on the bridge was excessive along with a few other folks. There were about 7 cars.. none of which knew each other cruising at about 80. I was in the back. I got pulled. We spoke for a few minutes and I believe the only thing that saved my car was the fact i was open and honest with him. I would suggest others adapt a similar philosophy. I expected the speeding ticket. I got one.
Yeah, IF you were doing something wrong bend over and do whatever is necessary to get on their good side.

Otherwise stick to your liberties and rights, which includes telling them to go get bent (but not those specific words) and if they give you a hassle stand firm.
Old Oct 17, 2011 | 01:12 PM
  #59  
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I got pulled over at that exact light. Got pulled over for running a red. Funny thing is, the officer (s) didn't tell me why they pulled me over until they had me out of the car for well over an hour, had searched my truck and threatened to arrest me several times.

I NEVER ran the light. I was sitting at the light. It turned green. I drove away. I later proved that it takes longer to get through that intersection than the yellow light lasts. So it is possible to leave on a green and have it read before you're totally out of the intersection. I won. No tickets.

Dude swore I was on meth. Had two cop cars. Dented my glove box. Left crap all over my car. Said I was nervous because I was shivering and moving so much. Was friggin COLD. It was after midnight in like February. Jackasses.
Old Oct 17, 2011 | 01:20 PM
  #60  
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Originally Posted by johndabrit
this sounds like complete BS.. no offense. It's just not reality.
Believe it or not that's up to you.
I have been pulled over for "speeding" (i wasn't) with an off duty cop (my EX) in the car. the officer who pulled me over had an attitude and seemed like someone had crapped in his sandwich and he was about to crap in mine. He Gave me the riot act about how fast i was going and how its unsafe and so on (i let him say his piece even tho i knew he was full of crap) It was and still is funny how the officer changed his attitude once my EX identified herself. My license was handed back to me and we were told to have a nice night, NO ticket nothing.


Being pulled over in Milpitas for exhaust or any type of vehicle mod and being let go with out a ticket is damn near a miracle. Count your lucky stars go buy a lotto ticket and chock that one up as WINNING!!



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