Looking for info on laws in California

Lately there have been many disturbing videos surfacing showing officers infringing on our rights both through traffic stops and DUI check points. I personally know 2 people that have had things fabricated against them by the police while they did their best to cooperate and be honest.

 

I am looking for a website that has a summary of laws and their practical application and meanings. For example if I come upon a DUI checkpoint do I have any rights or am I at the mercy of the police? If I am pulled over while driving the speed limit and the cop writes me a ticket for 10+ over the speed limit what do I say, how do I respond or challenge his assumption?

 

Right now I feel like I have to comply only because I don't know my rights in those situations and I want that to end. I have had 2 very close calls where additions things were fabricated to coerce me into taking credit for a lesser offense.

you take it to court and battle it out in front of the judge

 

you don't challenge the officer on the streets

you sign the paper and then it's you the judge and the cop.

 

or u can do a trail of written declaration. if that doesnt work out then you go to court.

 

I would say, if a cop threw up a very shaky ticket, he wouldnt bother showing up to court because you know what you're doing. they only pull shady stuff on people they know won't fight it.

ALWAYS try to fight it at least by written declaration before paying up.

 

ticketassassin or mr ticket

Im talking more along the lines of if I were to get pulled over for doing 70 in a 65 does he have the right to search my car if he asks? Can I deny him if he doesnt have probable cause? What would qualify as probable cause?

 

I just want to know my rights before hand instead of having to fight for them later on in court when its my word against a cop.

Im talking more along the lines of if I were to get pulled over for doing 70 in a 65 does he have the right to search my car if he asks? Can I deny him if he doesnt have probable cause? What would qualify as probable cause?

 

I just want to know my rights before hand instead of having to fight for them later on in court when its my word against a cop.

you can deny them but they can impound your car or find stuff to give you tickets for

You never let them search, period. The only probable cause they can really use is if your car smells like a Phish concert, or you have lines on your dashboard, open bottles in plain sight, etc. I've denied cops a right to search at least 3 or 4 times with no issue. They will ask over and over but if they have no cause to do it, they can't.

 

As for checkpoints, don't drink and drive and there is no problem. There's no way around them aside from doing an illegal U-turn when you come up on one. With that said, checkpoints are usually posted on your local sherrif website about a week in advance.

as for the cop writing bogus tickets.... just fight it in court, and be sure to ask for the dash cam of the officer that pulled you over. those things will show the truth.

 

as for those checkpoints, they were ruled unconstitutional by our CA Supreme Court, but they allow it to be used for the "greater good". after showing them your license, reg, insurance, also prove not drunk, you don't have to admit to anything else. you can plead the 5th on all questions asked after that, but i'm sure most of the cops would then hassle you further so don't try unless you are not driving own car (maybe rental?)

 

add-on to j0ebert's comment: all checkpoints should have an available legal turn around/detour before the checkpoint, if they don't, report it since that is illegal

besides searching the inside of your car, I've heard them use aftermarket exhausts as an excuse to make you open your hood to check for illegal mods.

 

Not sure if everything you're looking for is here but here is a link to the California Vehicle Code:

http://www.dmv.ca.gov/pubs/vctop/vc/vctoc.htm

you can deny them but they can impound your car or find stuff to give you tickets for

 

If the arresting officer wants to screw you over, he has the power to do so. It seems like there really is no such thing as a good cop these days.

You do have your 4th amendment right which is the right to search and seizure a search can not be done without probable cause but as everyone knows cops can use any excuse such as the odor inside the car claims you look nervous or appeared to be hiding somthing as he was behind you somtimes your at there mercy but you can ask for a supervisor to be called to the scene and if youir being harrassed by the same officer you can always file a complaint. Trust me I'm pulled over by Oceanside police at least once a week due do the shaved head and tattoos it sucks it just ends up being your word against theres. Usually I just answer the ?'s they ask with a short direct response and try not to be drawn in to a confrontation with them cuz you know who ends up with the silver braclets on and a free nights stay at the county inn.

This is the kind of information I am looking for. I normally drive 68mph on cruise control, I am highly opposed to drinking and driving, and I normally go out of my way to obey the law and comply since I have nothing to hide. I am just tired of giving up my rights and I am starting to realize being hassled by a cop is worth standing your ground and protecting your rights, ESPECIALLY IF YOU HAVE NOTHING TO HIDE. The same way I just purchased a miniature Constitution and Bill of Right for my car I need to write a little booklet you can keep in your glove box that is a "Survival Guide" for encountering a traffic cop or CHP.

oh yeah also if you are taken out of the car for you yourself to be searched the probable cause still applies you can be patted down on the outside of the clothing without them going into your pockets or through your wallet unless they believe they feel some sort of contraband on your person weapons, drugs ect.

found this video interesting and along the same lines:

[ame=http://www.youtube.com/watch?v=i8z7NC5sgik]YouTube - Don't Talk to Cops, Part 1[/ame]

Okay if all cops where corrupt you may have something here. Some are, I don't deny that, but a large majority take there carriers very serious, more serious than you may take yours. If they make a mistake, they pay with there lives, how many can say that about there jobs? Law enforcement can do a lot and be well within the law.(thats why they weill allways be the bad guy to some) California law changed recently regarding searching under the hood of your car. They call it a legal "inspection". If the office observes a few visible items from the outside of the car, can give the cop "reasonabla suspicion" (no probable cause needed for an inspection) and they can conduct a "nspection" of your engine compartment. Then if you have any engine modifications that are not approved by the C.A.R.B (even though you cars passed SMOG last week) you will be criminally charged. This law change was brought to you by the San Diego PD's crack pot team called "Dragnet" that was formed to end street racing in Mira Mesa. Some things that are illegal, and not limited just these items, adjustable fuel pressure regulators, ECU's or engine programmers, headers, uppipes, downpipes, aftermarket inter coolers, manual boost pressure regulators, blow off valves, some intakes (and they know which ones are legal). So that Cobb AP, it's illegal for street use. Some of there tactics are, going to events were modified cars would be, DUI check points(also Called Insurance checkpoints now in some cities), schools and colleges, beaches were people love to rev. Only couple things are needed to have PC for an inspection. Modified exhuast, lowered is enough to go off of to have reasonable suspicion of more than 51% that you have some illegally modified emissions control on your car. Food for thought, if your breaking the law, you are breaking the law, even if you think you should be getting away with it.. Read up on your illegal search and seizure laws, and remember you driving on public roads is not a right, its a privlage. Best of luck if you get pulled over, the best thing is to be polite and curtious, trying talking your way out never works because, they have it made up in there minds your getting a ticket, way before they pull you over.

Don't consent to a search.

If they had PC, they wouldn't ask. Don't try to physically restrain them. But make it very loud and clear that you don't conset (this is for the camera, not them).

However, you can be polite and refuse.

"No, you ******* pig!" doesn't work as well as "No, officer I need to be on my way"

 

Second rule, don't take legal advice from youtube.

 

oh yeah also if you are taken out of the car for you yourself to be searched the probable cause still applies you can be patted down on the outside of the clothing without them going into your pockets or through your wallet unless they believe they feel some sort of contraband on your person weapons, drugs ect.

Terry stop.

They need to have reasonable, articulable suspicion of a weapon to pat you down.

 

My tip? It turns out if you don't treat every police meeting as a confrontation, shit tends to go down a lot less. Most cops are good people. Traffic stops are a very high risk, high stress situation. Do everything to difuse the situation.

Stop quickly.

Turn off radio.

Roll down all windows.

Turn on dome light at night

Keep you hands at 10 and 2 on the wheel

Be polite but not a kiss-ass

Learn the fine art of being contrite without admitting anything

 

There are just some people who have bad "luck" with police. Some people don't. These people often drive the same cars, look similar. It is all about attitude. Yes, i expect there will be a million stories about how awesome you were. Some of you got assholes (many of you were probably a skin color other than white. A real and troubling problem). More of you weren't as personable as you could be.

 

you take it to court and battle it out in front of the judge

 

you don't challenge the officer on the streets

And listen to this man.

always ask for a warning before he takes your license back to the car. once he writes the ticket its too late

Yeah, don't ever consent to a search. But an under hood "inspection", you do not have a choice because of your engine compartment is not considered a privately controlled area. The passenger compartment, glove box, trunk are considered privately controlled. Those areas the officer would have to ask permission to search. Also just like an officer spotting a weapon from the window laying on the seat, if he sees a boost gauge, 7" tach, or any auxiliary gauges for that matter in plain view, just like the gun on the seat he can now legally inspect your engine compartment. Remember guns in plain view are legal, but it give the officer the probable cause to search because there is a reasonable suspicion a crime is about to be committed or was committed. Also don't believe youtube, and or chat forums for your legal advise, get a lawyer. If you refuse to allow the officer to inspect your vehicle he will impound it. Your driving on public roads is a privlage not a right. If you don't like that take the bus......

Yeah, don't ever consent to a search. But an under hood "inspection", you do not have a choice because of your engine compartment is not considered a privately controlled area.

In the worsds of wikipedia: [citation needed]

 

There is no reason why underhood would be subject to PC.

could be this one: http://www.dmv.ca.gov/pubs/vctop/d02/vc2806.htm

http://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution

ok, were confused on searches, inspections, probable cause, resonable suspicion, if you don't know these terms well and you try and be Mr. Roadside Lawyer and say I know my rights because I just wikkied it and I stayed in a Holiday Inn Last night. It will more than piss off the officer doing his Job well within his rights, and hall you off to Jail for inpeeding an official investigation. Better yet if you come of as dispondant, boisterous and confrontational, he also can book you for drunk in public even though you had nothing to drink, a very easy bookable offense.. Happy Motoring!!!

ok, were confused on searches, inspections, probable cause, resonable suspicion, if you don't know these terms well and you try and be Mr. Roadside Lawyer and say I know my rights because I just wikkied it and I stayed in a Holiday Inn Last night. It will more than piss off the officer doing his Job well within his rights, and hall you off to Jail for inpeeding an official investigation. Better yet if you come of as dispondant, boisterous and confrontational, he also can book you for drunk in public even though you had nothing to drink, a very easy bookable offense.. Happy Motoring!!!

My experence prosecuting says that you're wrong on searching under the hood. There have been upteen million cases on whether an officer had PC to do an underhood search.

Not one saying they didn't need PC to search under the hood. unless you're confusing it with an inventory search, which can only occur after a valid tow.

This is pretty basic 4th amendment, and regardless of what CA law says, they can't do it because of the 4th amendment.

But if you have a cite, I'd love to see it.

I know my rights and the terms that desribes them not because I wikied them but because I get stopped 1-2 times a week by OPD usually for bs such as driving to slow 42 mph in a 45 mph zone or i just happened to resemble someone they are looking for when in fact I have a clean record one traffic ticket ever. If this happened to you I'm sure you would get tired of it as well. The fact is assuming you are NOT breaking the law that invoking your rights as a citizen is well within your right to do so without becoming confrontational or upset. Just because some officers get there badge and think it's ok to harrass, intimidate or bully you around usually assuming you don't know your rights. They do have a diffucult job i agree but that does not give them the right to take away yours.AS for the being charged with a drunk in public by stating your rights and not allowing yourself to be bullied without having a drink I highly doubt that would happen a simple breath, urine. or blood test would shut that down quick but there you go again in believing that an officer can take away your most important right that being the !st amendment !!!

I think I agree with what you said, but i'm not sure.

As you mentioned Wikipedia

http://en.wikipedia.org/wiki/Paragraph