Thanks for the advice guys.

As for the people that have commented on the 'worst night of my life' it is because I have managed to stay out of trouble, haven't gotten hoodrats pregnant, contracted STD's, gotten fired or thrown in jail.

I try to live a hassle free life and up to this point I have been successful so don't give me any of this crap that I haven't gone through somethings myself already.

 

http://www.s2ki.com/forums/index.php?showtopic=405194

is this the same thing?

but yeah man california is ghey...ehhhhh :-(

 

Dude....Your 4th Amendment rights have been violated!

4th Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The whole "we got permission from the manager" thing is HORSE CRAP!!! The vehicle is a locked container that belongs to you. I would contact that police department supervisor and demand to know under what pretense your vehicle was entered without your permission. If you do nothing, you're making the problem worse.

 

I would agree. However, you don't really have anyhting to gain (personally) by it.

You violated a law, were (possibly) illegally searched, found to be in violation of the law, and quickly sent away and told not to do it again (and to stop doing it). They could have inpounded your **** right then, if they'd wanted to, I suspect.

As far as the ticket, I'd just pay it and go away, you'll spend way more on a lawyer (assumeing the ticket if for say, under $300). You might get the ticket tossed, but it'l cost way more than 3 or 4 hundred (you're lawyer's gonna very long windedly have to convince at least on judge that your rights were violated. You can probabally claim you weren't loitering anyway, since you were eating a restraunt close by (i.e. you had business there).

I'd just let it go.

As far as your turbo kit....I dunno, try to swap for a CARB kit?

 

advice on the ticket: if they were supposed to impound your car right there and they didn't, the ticket isn't valid. i got a 95 in a 65 ticket with reckless thrown out because the cop was supposed to arrest me and impound my car on the spot. but since he didn't follow "the rules", the ticket got thrown out of court. oh yeah and if they actually opened your car without a warrant or probable cause, they did break the law. but i wouldn't try to fight it, you'll lose. judges almost always go with the cops.

 

look for someone with same car and change your plates. as for cop searching your car with out you consent you can probably fight that in court but youll need a lawyer. or like ^^ said just pay and live your life

 

Actually, I think you have allot to gain. If they violate your constitutional rights to obtain evidence, then the evidence cannot be used against you. This means ticket tossed and you don’t have to pay the ticket bail plus you don’t have remove the turbo ( which can cost thousands of dollars). Then you can sue their *** to pay for attorney fees.

Nothing should be above the constitution , especially some minor civil code infraction.

These so called public servants, actually swore to uphold the constitution. If I’m not mistaken and not event the President of the United States can violate it and especially not some cop who targets car enthusiast in order fulfill their ticket quota of the month.

 

change plates???

what about the VIN number? lol

 

I can refer you to a criminal defense attorney however, this is not the usual criminal law ticket. What you're looking for is an attorney who specializes in this type of traffic violation. And, my referral may or may not be able to assist you.

PM me if you still want a referral.

Two comments, neither of which are legal advice.

1. This is precisely the reason I'm waiting for the JWT turbo - CARB certified.

2. You may have been better off letting the car be impounded. The fees to get it out of impound would be less than having to pull the turbo off, getting the certificate and putting it back on. Ultimately, I think that's where you're headed.

 

yupp you were illegally searched....and you cant do much about your mod ticket...since you willingly opened your hood.....

sorry to hear this man....all the luck to ya

 

Was there probable cause for search?

- was an intercooler showing?

Was there consent to search?

- how was the request to open the hood asked?
- was opening the hood implied, constructive or express consent?

He needs to speak with an attorney who will comment upon whether or not the search was illegal.

 

NO WARRANT>NO SEARCH>Contact a lawyer

 

How is it that California is probably the most popular for modified cars when you have **** like that happening? Move! lol

 

Check this out.Yahoo>bust card>"American Civil Liberty Union:know your rights".Down load the pdf..Read it,you may need it.Sorry guys,I'm not computer smart.I don't know how to post the pdf.,in the thread like you all do.

 

Gun laws,Smoking laws,Tax laws,Don't raise your voice to your kids(not a law yet).Two more years I'm out of here.Sometimes it's like a Gestapo state.

 

yupp this is all true.....but i was refering to having his car broken and entered.....even if there was probable cause such as an apparent IC....whats the purpose in opening the door and searching inside......im just going from what he said....that they were in the car already and that he got the ticket from the turbo being seen

*edit
+1 on the attorney....forgot to mention that too

 

go to the police academy, be a piggy....LOL....remember...piggies watch each other's backs (for the most part) perhaps call Arnold.....

either way......J a C o B y & M e Y e R s

 

The point is, the ticket not withstanding, the illegal search doens't make it OK to break the law. IF he gets the ticket tossed out, he's still gotta sort the turbo out. If they'd illegally found 2 oz of weed, and his attorney got the charges dropped, I ASSURE you, theyd not give him his grass back.

 

That has to be the worst state in the union to live, you cant have anything modified on your car (breaking the moss m. act that says you can have aftermarket/non OEM Parts on it), you cant have the firearm of your choosing (breaking the 2nd amend all to heck..come to think of it, the frist step of opression is to disarm the population..) and you have some of the highest taxes going to support the underclass.. I would get the heck out of there in a heartbeat.

ANYWAYs.. to the topic at hand.

You should have just stayed in the resteraunt and let them tow you away Iegally. Heck.. I would have stayed inside and took pictures with my phone of them illegally searching your parked car.

NEVER consent to a search. When the cops are on a witch hunt, they WILL find SOMETHING to nail you with.

Do you have a picture of the car? I want to see if they have any reason to 'Suspect" something is out of order with it.

 

Yes,

As a mater fact, there is about 3 pics with my car in it. The blue Z with the license plate 'WARP ZPD'

The other two Z next to me, are my friends.