pulled over by chp and searched without authorization?
i was pulled over by c.h.p for speeding, but the second question he asked me was, well it wasn't really a question. it was pop your hood! im a pre-law student even i know my rights. i simply said no, then he he replyed by saying, "ok then i command you to open your hood". i understand that you can disagree but you have to just do what they say. so i did and i got a fix it ticket for my headers along with a speeding ticket. he checked my whole engine bay and only got me for not having my c.a.r.b sticker, which i had, but was at home cause it did not stick well cause it was laminated. so my question is can i win this at court? my last words to the cop was "i hope you know im going to fight this". i was racially profiled in my mind due to my ethnicity and type of car in which i was driving, and i plan to make it clear in court. any tips for me?
i understand the circumstances around my situation, and as for the speeding, i refuse to admit fault yet im working on it lol. im not a total moron here, im not saying he pulled me over for speeding just because of racial profiling, but that i was targeted for vehicle inspection due to my ethnicty and my choice of cars. if he had just given me the speeding ticket i would not make such a big deal, but for him to forcefully check for illegal car parts... who is he to inspect for safety issues with my engine bay, i doubt he has certifications on my make and model. i am defiantly going to blow this out of proportion if i have to. this is an perfect example of discrimination upon civics. if i had driven a camry and done the same thing, you think he would check my engine bay for the safety of me if he suspected i had car problem. point is search of a vehicle where it is not seen readily available in plain view is a search. no one is above the law, im going to raise hell.
- El ScottLv 71 decade agoFavorite Answer
You were racially profiled in your mind? If you were speeding then you were stopped for speeding...........your ethnicity has nothing to do with how fast you were going. You personal beliefs have nothing to do with the traffic stop. As for checking under your hood we can if we believe you have safety/equipment issues. Since you are a pre-law student, blow the dust off of the US Supreme Court Case-Carroll v. United States which allows Law Officers to conduct a warrantless search of vehicles in a public place if they have probable cause to do so. I also believe CA Law allows Law Officers to conduct safety inspections of vehicles..........but I'll leave that to one of the CA Cops to explain.
Go fish, I have no race cards.Source(s): People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf. -George Orwell
- niuchemistLv 61 decade ago
My advice is to not bring up the racial profiling unless you can prove it. By prove it, I mean show that this particular officer only pulls over persons of a certain race or does so more often than other officers. Police officers keep statistics of the races of the people they pull over. Claiming racial profiling without proof will not elicit sympathy from the judge ... you'll be looking like you're grasping at straws for a defense.
I don't know how fix it tickets work in California.
What can you say about the speeding violation?Source(s): http://www.dailynexus.com/article.php?a=7276
- Try RealityLv 41 decade ago
Pay the tickets and fix the car....He OBVIOUSLY heard and knew something as to look for it.....bring the other garbage up and your only ASKING to get slammed with the max on your fines.....Source(s): PS you sound like a guy I pulled over a month or so ago.....clocked him doing 70 in a 30 zone and he claimed I only pulled him over because of his race...all on tape.....result...no plea and over 2X the limit....60 days Lisc. suspension.....he filed a charge with my dept....found untrue and now he is looking at a FELONY charge of filing a false report.....just be careful