Legal Question in Traffic Law in California

Illegal Car Search

I was stopped at a red light when a police officer stopped beside me, waited for the light to change and then got behind me. He said, ''I pulled you over for a cracked windshield and tail pipe''. I assume he was referring to my muffler/exhaust. He then told me to pop my hood. Upon opening my hood, he noticed that I had a few engine modifications. He cited me for a cracked windshield, and modified engine. Should he have asked for my permission before he told me to pop my hood? Was my exhaust his excuse for looking under my hood? I wasn't moving at the time and my muffler does not exceed the 95 decibel limit. Was this an illegal search or did he have probably cause?


Asked on 6/24/03, 4:57 pm

2 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Illegal Car Search

When you voluntarily opened the hood of your car you consented to the search. Therefore unless you can convince the court that your consent was not voluntary you have waived the legality of the search issue.

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Answered on 7/02/03, 2:02 am
David Diamond Diamond & Associates

Re: Illegal Car Search

GIVE US A CALL TO DISCUSS. Larry Wolf

310 277 1707

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Answered on 7/01/03, 6:15 pm


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