Legalities of opening the hood?

[insomnia]

Hey guys, I'm in Ontario but wanted to ask anyone if they knew about this subject. I'm talking about when a police officer asks the driver to open the hood in order to check for illegal modifications. It hasn't happend to me but I've read about it on forums like this.

Its my general belief that this request is an unwarranted search, similar to searching the interior of the vehicle without a warrant. Do police have the authority to force you to open your hood? Anyone ever been in this position?

Do share information, thanks

[ricosuave]

i dont know about actual laws, but i respect the job of the police enough to open a hood if they want to see.

unless youve got something to hide...

rico

[Talies R]

So whats the big deal? Open the hood and get on with it.

I question you Toronto freaks!!

[benyl]

Who cares? I mean, if you have something to hide, you are breaking the law. So be a man and fess up.

[jdmakkord]

Look at that, its a turbo, this car is not stock, it is not street legal, lets call a tow truck..........

[CryoCarnage]

they may ticket him for not stock bullshit. I got one for a different engine cover :dunno: Easiest fight i ever had :D. But yeah the police may give you a ticket but just fight it cause they cant prove shit.

[baronsamedi]

Originally posted by jdmakkord
Look at that, its a turbo, this car is not stock, it is not street legal, lets call a tow truck..........

Some cars come factory with a turbo. Slapping on a turbo does not mean its not street legal.

[insomnia]

Police may ticket you if they see something they don't like. Tickets generate a lot of revenue for the government. Which is why I'm figuring a lot of people get tickets and trouble for no good reasons, big wastes of time for them.

Btw, I'd make it policy to never consent to unwarranted searches, even if you're clean. You never know what kind of bs someone might pull, and its just easier to incriminate against you should anything happen.

[jdmakkord]

Originally posted by baronsamedi


Some cars come factory with a turbo. Slapping on a turbo does not mean its not street legal.


Gee thanks for stating the obvious, take a look around and see how many aftermarket turbo kits, or homemade kits are street legal. I had no idea that a stock supra turbo was illegal to drive on the road:rolleyes:

[Supa Dexta]

Originally posted by insomnia
Tickets generate a lot of revenue for the government.

I was actually talking to the wife a calgary traffic cop the other day, she was saying her husband usually brings in around 4-5k in tickets..perday!...

:dunno:

[Carfanman]

Originally posted by Supa Dexta


I was actually talking to the wife a calgary traffic cop the other day, she was saying her husband usually brings in around 4-5k in tickets..perday!...

:dunno:


That seems extraordinarily high, unless calgary has a lot of bad drivers. It does sound like he's one of those cops who abuses their power. I'm not saying all do, but some do, and it sounds like he's one of them.

[dooman24]

Originally posted by Supa Dexta


I was actually talking to the wife a calgary traffic cop the other day, she was saying her husband usually brings in around 4-5k in tickets..perday!...

:dunno:

werd...
all the crap people pull.. i see lots of shit like that on the road.. tailing.. iligal U turn.. speeding.. burnt head lights..wreckless driving.. i mean like.. think about it.. you see that everywhere every day.. and if they spend like 8 hours on the road.. wonder how much offences they'll see..

[rc2002]

Well Toronto police have been cracking down big time on stolen engines. They might be checking for that. As for mods, I highly doubt there are many "illegal" ones.

[Carfanman]

So far everyone has said "who cares? just do it anyway!" while not a single person has answered his question. What if HE cares? Maybe he just doesnt like the idea of being forced to open his hood when he doesnt have to. Or maybe he's in a rush and doesnt have time.

I tried searching for an answer, but being halfway across the continent from you, I didn't have much of an idea where to look or what to type, so using google wasnt very helpfull. I tried searching "calgary opening hood police" and "calgary driving laws" but didnt get anything.

[chris]

Originally posted by Carfanman
So far everyone has said "who cares? just do it anyway!" while not a single person has answered his question. What if HE cares? Maybe he just doesnt like the idea of being forced to open his hood when he doesnt have to. Or maybe he's in a rush and doesnt have time.

I tried searching for an answer, but being halfway across the continent from you, I didn't have much of an idea where to look or what to type, so using google wasnt very helpfull. I tried searching "calgary opening hood police" and "calgary driving laws" but didnt get anything.
when a cop asks you to do something, DO IT. He will eventually be able to look inside your hood if he wants to and pissing him off is not going to help your cause. I would also suggest not lying to a cop, they seem to have a way of finding out the truth and knowing when you're lying.

[ThinkAboutIt]

The simple anwser is if a cop ASK's you to do something it means he does not have probable cause and you DO NOT have to comply with his requests. So unless you have given the officer probably cause to search your hood I would simply tell him "I will not comply with your search request." if at that point he instructs you to pop the hood you will have to do it but if you end up with a ticket, it will be an easy fight to have it overturned on the basis that probable cause was not present.

[insomnia]

Originally posted by chris

when a cop asks you to do something, DO IT. He will eventually be able to look inside your hood if he wants to and pissing him off is not going to help your cause. I would also suggest not lying to a cop, they seem to have a way of finding out the truth and knowing when you're lying.

That has got to be the stupidest advice I've ever heard. If a cop asks to search your house out of nowhere, do you let him in? Same with your car. Its within your RIGHTS to reject a search if its unwarranted. Of course lying to a cop is bad, but I'm still trying to figure out the legalities here, not what "you're suppose to do".

So anyways, anyone find anything interesting yet?

[Thaco]

if you dont do it, he will just pick apart every other part of your car and ticket/tow you for everything else that he can.

[DelSoln]

I'm not too sure about Canada but this happens in the States a great deal. Then again the amount of people with illegal swaps and so forth greatly outnumbers here.

[-KiTtY- boo]

my bf actually did a search on this one time, on mods that are and arent allowed and stuff like that wut the can ticket u for and this is wut we found out....
a cop CAN tell u to pop the hood and u HAVE to do it, and if he really wants to be an ass he is allowed to give u a ticket for every after market part on that car or if it has been modified in any way, anything as simple as even having a different air filter!
so yes he does have the right to tell u to pop the hood if he wants to



Originally posted by Talies R
So whats the big deal? Open the hood and get on with it.

I question you Toronto freaks!!



Originally posted by benyl
Who cares? I mean, if you have something to hide, you are breaking the law. So be a man and fess up.

ya right so u guys are saying that EVERYTHING on ur cars is stock??? highly doubt it
:rolleyes:

[insomnia]

very interesting kitty, this is for calgary? Under what law/act are they allowed to do this?

[-KiTtY- boo]

Originally posted by insomnia
very interesting kitty, this is for calgary? Under what law/act are they allowed to do this?
yes it is for calgary, not sure if it was juss for calgary or wut, i cant remember under law/act it was, ... ill ask my bf to find it again and ill post it up

:thumbsup:

[Carfanman]

Originally posted by -KiTtY- boo
my bf actually did a search on this one time, on mods that are and arent allowed and stuff like that wut the can ticket u for and this is wut we found out....
a cop CAN tell u to pop the hood and u HAVE to do it, and if he really wants to be an ass he is allowed to give u a ticket for every after market part on that car or if it has been modified in any way, anything as simple as even having a different air filter!
so yes he does have the right to tell u to pop the hood if he wants to

Thats sucks, and it doesnt seem to make sense. I'm not saying it's not true, but in seems awfully unjust. Why in the world is it illegal to have a modification on your car that doesnt make the car dangerous, like an air filter for example?
And if your going to say that the reason is because those things are for going faster/above the speed limit, then any car would be illegal, because every car, stock or not, is capable of going above the speed limit. And some mods are for better efficiancy, rather than speed.



Originally posted by chris

when a cop asks you to do something, DO IT.

Why? Not all cops are decent, and if there is a chance that he is going to ticket you for every aftermarket part you have, than why open your hood when you dont have to?


Originally posted by chris
He will eventually be able to look inside your hood if he wants to
Not if he's not allowed to, otherwise, thats going against the law, as well as an abuse of power.



Originally posted by chris
I would also suggest not lying to a cop, they seem to have a way of finding out the truth and knowing when you're lying.

Who said anything about lying?

He didn't ask what you think he should do, he just wanted to know if he has to. And so far kitty is the only one who answered him.

[-KiTtY- boo]

Originally posted by Carfanman


Thats sucks, and it doesnt seem to make sense. I'm not saying it's not true, but in seems awfully unjust. Why in the world is it illegal to have a modification on your car that doesnt make the car dangerous, like an air filter for example?
And if your going to say that the reason is because those things are for going faster/above the speed limit, then any car would be illegal, because every car, stock or not, is capable of going above the speed limit. And some mods are for better efficiancy, rather than speed.


and ur absolutly right and i agree with u 100% it does seem unreasonable. casue i when i reading it i thought that it was the stupidest thing ever and it made no sense wut so ever, i mean there would be no point of having a car if that was the case... but once again, if the cop really wants to be a jerk he can, i mean even if its there for efficiancy, he can turn that around and say that its a performance part, but there not gonna look at as goin over speed limit.. now the type of car u drive would have a lot to do wit it too

[canadiandaytona]

If you look at the box for almost everysingle new preformance part it will state.."For Offroad/racing Use Only" Thus 'illegal' to install on a street car
(exception I believe are turbo upgrades and factory upgrades)

[-KiTtY- boo]

Originally posted by canadiandaytona
If you look at the box for almost everysingle new preformance part it will state.."For Offroad/racing Use Only" Thus 'illeagal' to install on a street car
(exception I believe are turbo upgrades and factory upgrades)
exactly.. thats y they can ding u for almost everything on ur car...

[Mr_John]

Originally posted by -KiTtY- boo
my bf actually did a search on this one time, on mods that are and arent allowed and stuff like that wut the can ticket u for and this is wut we found out....
a cop CAN tell u to pop the hood and u HAVE to do it, and if he really wants to be an ass he is allowed to give u a ticket for every after market part on that car or if it has been modified in any way, anything as simple as even having a different air filter!
so yes he does have the right to tell u to pop the hood if he wants to



I actually do believe that is a violation of your rights and is considered an illegal search.
They cant just search your car whenever they want or when they please.... they need a warrant for that just like when they raid your house. Or if you're suspicious, ex. driving around a neighbourhood 20 times with 5 other people in your car.
How do I know? Well I talked to an ex-RCMP/current successful lawyer.

edit: i didnt ask about the search under the hood specifically but i would imagine the rule still applies.

[Weapon_R]

Originally posted by chris

when a cop asks you to do something, DO IT.

LOL.

When a cop asks you to do something within the limits of his jurisdiction and within the confines of the law, you may do it. If the cop asks you to do something that oversteps his boundaries or the law, you tell him to fuck off.

[-KiTtY- boo]

Originally posted by Mr_John


I actually do believe that is a violation of your rights and is considered an illegal search.
They cant just search your car whenever they want or when they please.... they need a warrant for that just like when they raid your house. Or if you're suspicious, ex. driving around a neighbourhood 20 times with 5 other people in your car.
How do I know? Well I talked to an ex-RCMP/current successful lawyer.

edit: i didnt ask about the search under the hood specifically but i would imagine the rule still applies.

will im not gonna argue or disagree with you but from wut i remeber they can tell u to pop the hood they dont need a warrent for that, cause if u think about it, a cop does kinnda search ur car if u get pulled over, but not physically.. they just look in and question u if they see something suspicious right?.. same thing with giving tickets for exhaust, cause they still searching the car (on the outside) and get measurements and shit... so if they ask u to pop the hood.. i think they can as long as they dont touch anything juss like when they peak in ur car to see wut u have.. yes?.. no?... but as ur ex-RCMP cause it would be nice to know

[Mr_John]

Originally posted by -KiTtY- boo


will im not gonna argue or disagree with you but from wut i remeber they can tell u to pop the hood they dont need a warrent for that, cause if u think about it, a cop does kinnda search ur car if u get pulled over, but not physically.. they just look in and question u if they see something suspicious right?.. same thing with giving tickets for exhaust, cause they still searching the car (on the outside) and get measurements and shit... so if they ask u to pop the hood.. i think they can as long as they dont touch anything juss like when they peak in ur car to see wut u have.. yes?.. no?... but as ur ex-RCMP cause it would be nice to know

i see where you're coming from but
they can search things that are visable and that are in the open but they cannot conduct a search beyond that.

NOW - in Toronto it may be different so I'm just speaking of Calgary.

You could be right though. The hood might be on OR off limits to the police but right now from what I've heard, seen, and know.... im pretty sure the hood is off limits to them.

[insomnia]

I figure HOOD = TRUNK, now I'm pretty sure they can't start checking your trunks, so does this apply to the hood?

[-KiTtY- boo]

thats it.. if i see a cop tonight im gonna ask him

[-KiTtY- boo]

Originally posted by Mr_John


i see where you're coming from but
they can search things that are visable and that are in the open but they cannot conduct a search beyond that.

NOW - in Toronto it may be different so I'm just speaking of Calgary.

You could be right though. The hood might be on OR off limits to the police but right now from what I've heard, seen, and know.... im pretty sure the hood is off limits to them.
but i mean i also do see where ur comming from too...

now if u guys think that its wrong for a cop to ask u to pop the hood, u should see how they are in winnepeg... if they notice that ur car is lowered they will pull u over and take out all the air from ur tires and if it doesnt pass a cretain clearance, then they give u a ticket for it and then just leave u there to suffer... even if ur car does clear they still just leave u there stranded with no air in ur tires...


:bullshit:

[Carfanman]

Originally posted by Weapon_R
If the cop asks you to do something that oversteps his boundaries or the law, you tell him to fuck off.


You use those words and you may not have any teeth.

[camaro]

Originally posted by canadiandaytona
If you look at the box for almost everysingle new preformance part it will state.."For Offroad/racing Use Only" Thus 'illegal' to install on a street car
(exception I believe are turbo upgrades and factory upgrades)

You are forgetting the main part: IN THE STATE OF CALIFORNIA. haha... yes it says it on so many of my parts. Cops can't be like "oh shit purple spark plug, that thing is illegal". How are they going to verify? Unless its the muffler. If you read the laws book it says nothing about what parts are illegal. They are all vague stuff like having no CAT and stuff.