trickedcarbine Posted July 11, 2015 Report Share Posted July 11, 2015 Spineless.... Do what you want. If people aren't willing to die or do time for what they believe in they really don't believe in it do they? 2 Quote Link to comment Share on other sites More sharing options...
Bennett131 Posted July 11, 2015 Report Share Posted July 11, 2015 Oh dear. Perhaps you don't see just what I mean. We're different kind of people. I'm not saying I would of bitched and argued. I'm saying I would of simply told him no, and then made my quiet stand. If he touched anything or attempted to impound my stuff I would of simply stood my ground. Cop impounding my shit or 19 year old kid in the parking lot trying to flat out steal my stuff are both the same to me. It's Mine, and I know that. No laws, policies, rules, or red tape will ever interfere with that. I will never let MY stuff just get loaded and taken. There are people who bend and there are those who give no fucks. This sounds like tough guy talk, but that is my way of life. If people are willing to throw what's theirs out just come guy with a piece of shiny metal on their uniform then I feel sorry for them. Take a fucking stand people. What's right is right, what's wrong is wrong. Know your search and seizure laws and be clean. If you say no, and mean it that is the end of it. Just curious where we stand as people willing to stand up against the law when it is lawless. How many people here are ok with the thought that one day our precious little gov't may be so corrupt that that you have no choice but to pull the trigger on a man/woman with a shiny little piece of gold/silver on their chest? I fucking agree with tricked, every single word of this. Quote Link to comment Share on other sites More sharing options...
Deadbeat Posted July 11, 2015 Report Share Posted July 11, 2015 the OP did exactly what needed to be done, keep it nice get advice...keep it civilised tricked would be behind bars and lost his bike...woo...hoo 1% means you think youre the 1% ABOVE THE LAW...you gunna die in a gunfight with the cops for a fucking banshee Quote Link to comment Share on other sites More sharing options...
volcrano Posted July 11, 2015 Author Report Share Posted July 11, 2015 Agreed deadbeat. It would have gotten nasty had the cop said you aren't going to get it back after the investigation but I'm definitely not.going to do jail time over a quad. The nicer you are to law enforcement even though u want to beat the fuck out of them is the best way. Unfortunately they have the power and you dont. I understand the reasoning behind why it happened and learned a lesson that i actually wasn't aware of. The reason i was really pissed was that i gave them.the title and there were 5 digits that were visible from the time i got stopped. Granted they weren't all in order but you could clearly see where they would have fell on the title and the numbers matched the title. That's why iwas flipped. It would be a very fucking odd coincidence of another banshee with the same numbers matching title in same spot in the same county, or state for that matter. Quote Link to comment Share on other sites More sharing options...
willaduncan Posted July 11, 2015 Report Share Posted July 11, 2015 All you have to do is say I do not consent to a search and seizure with out a warrant Sent from my iPhone using Tapatalk Quote Link to comment Share on other sites More sharing options...
Nightmare Posted July 12, 2015 Report Share Posted July 12, 2015 Guess what, if quad is in the open, they don't need a warrant. You really should learn the laws on what is a legal and illegal search. And like deadbeat said, if the op would have listened to tricked, his banshee would have been gone forever and the op would be behind bars. In some states, you are wrong. Here in New Mexico, law enforcement needs a search warrant even if the trailer is open vs a toy hauler or even inside the bed of a pick up. 1 Quote Link to comment Share on other sites More sharing options...
m671054 Posted July 12, 2015 Report Share Posted July 12, 2015 In ca everything needs a sticker when transported on a public road. Even dedicated track only bikes. Thats cause enough to look at it and notice illegible vin. Quote Link to comment Share on other sites More sharing options...
trickedcarbine Posted July 12, 2015 Report Share Posted July 12, 2015 You all misse the part where I said I don't ague with cops. Deadbeat, I respect your opinion. But you are over thinking it. I simply think more folks need to fully educate them selves. Know your rights, and don't let the system that is supposed to protect you make you a victim. 2 Quote Link to comment Share on other sites More sharing options...
Deadbeat Posted July 12, 2015 Report Share Posted July 12, 2015 fair enough Quote Link to comment Share on other sites More sharing options...
trickedcarbine Posted July 12, 2015 Report Share Posted July 12, 2015 If the quad were on an open trailer (which they were) the cop could have legally seen them. He could have legally looked at them for a vin. When the cop saw no vin, he could legally taken them and hold them till proof has provided they were not stolen. A title is useless if it cant match the quad. Your bullshit "not the initial reason i was pulled over" doesn't mean shit. If you get pulled over for speeding and the cop sees a joint in your center console, you are fucked. Anything in plain sight is legal. Quads on an open trailer are in plain sight and legal. Moral of the story, keep your vin readable and you won't have any problems. Challenge: I am in Michigan leaving Silver Lake. We get stopped for a tail light. Please provide document proof (laws, policies, protocol) that prove it is within my/your rights for an officer to begin a search and seizure of one quad of an open trailer. 1 Quote Link to comment Share on other sites More sharing options...
mhoksch Posted July 12, 2015 Report Share Posted July 12, 2015 So my banshee has no vin or registration. I only use it for racing and don't need the state reg for on the track. Does this mean some dick cop could try to confiscate it any time I'm trailer in got down the highway? Sent from my iPhone using Tapatalk Quote Link to comment Share on other sites More sharing options...
Sandking Posted July 12, 2015 Report Share Posted July 12, 2015 Justia › US Law › US Codes and Statutes › US Constitution › Fourth Amendment--Search and Seizure ›"Plain View" "Plain View" 'Plain View'.—Somewhat similar in rationale is the rule that objects falling in the 'plain view' of an officer who has a right to be in the position to have that view are subject to seizure without a warrant293 or that if the officer needs a warrant or probable cause to search and seize his lawful observation will provide grounds therefor.294 The plain view doctrine is limited, however, by the probable cause requirement: officers must have probable cause to believe that items in plain view are contraband before they may search or seize them.295 293 Washington v. Chrisman, 455 U.S. 1(1982) (officer lawfully in dorm room may seize marijuana seeds and pipe in open view); United States v. Santana, 427 U.S. 38(1976) ('plain view' justification for officers to enter home to arrest after observing defendant standing in open doorway); Harris v. United States, 390 U.S. 234 (1968) (officer who opened door of impounded automobile and saw evidence in plain view properly seized it); Ker v. California, 374 U.S. 23(1963) (officers entered premises without warrant to make arrest because of exigent circumstances seized evidence in plain sight). Cf. Coolidge v. New Hampshire, 403 U.S. 443, 464-73 (1971), and id. at 510 (Justice White dissenting). Maryland v. Buie,494 U.S. 325 (1990) (items seized in plain view during protective sweep of home incident to arrest); Texas v. Brown, 460 U.S. 730 (1983) (contraband on car seat in plain view of officer who had stopped car and asked for driver's license); New York v. Class,475 U.S. 106 (1986) (evidence seen while looking for vehicle identification number). There is no requirement that the discovery of evidence in plain view must be 'inadvertent.'See Horton v. California, 496 U.S. 128 (1990) (in spite of Amendment's particularity requirement, officers with warrant to search for proceeds of robbery may seize weaponsof robbery in plain view). 294 Steele v. United States, 267 U.S. 498(1925) (officers observed contraband in view through open doorway; had probable cause to procure warrant). Cf. Taylor v. United States, 286 U.S. 1 (1932) (officers observed contraband in plain view in garage, warrantless entry to seize was unconstitutional). 295 Arizona v. Hicks, 480 U.S. 321 (1987) (police lawfully in apartment to investigate shooting lacked probable cause to inspect expensive stereo equipment to record serial numbers). The Court has analogized from the plain view doctrine to hold that once officers have lawfully observed contraband, "the owner's privacy interest in that item is lost," and officers may reseal a container, trace its path through a controlled delivery, and seize and reopen the container without a warrant.296 296 Illinois v. Andreas, 463 U.S. 765, 771(1983) (locker customs agents had opened, and which was subsequently traced). Accord, United States v. Jacobsen, 466 U.S. 109(1984) (inspection of package opened by private freight carrier who notified drug agents). Pages: 10 11 12 13 14 15 16 17 18 19 20 2122 23 24 25 26 27 28 29 30 Find a Lawyer Eric B. BlumReal Estate Law, Foreclosure Defense, Landlord TenantIrvine, CA Damian J. NassiriCriminal Law, Employment Law, Civil RightsRiverside, CA Gary K. WalchPersonal Injury, Animal & Dog LawCalabasas, CA Roger GlienkeBusiness Law, Tax LawLos Angeles, CA Perla J. DuvelEmployment LawTustin, CA Lawyers - Get Listed Now!Get a free directory profile listing Ask a Lawyer Question: 120 Add detailsAsk Question Subscribe to Justia's Free Newsletters featuring summaries of federal and statecourt opinions. 1 Quote Link to comment Share on other sites More sharing options...
Sandking Posted July 12, 2015 Report Share Posted July 12, 2015 VEHICLE CODE SECTION 10750-10752 10750. (a) No person shall intentionally deface, destroy, or alter the motor number, other distinguishing number, or identification mark of a vehicle required or employed for registration purposes without written authorization from the department, nor shall any person place or stamp any serial, motor, or other number or mark upon a vehicle, except one assigned thereto by the department. ( This section does not prohibit the restoration by an owner of the original vehicle identification number when the restoration is authorized by the department, nor prevent any manufacturer from placing in the ordinary course of business numbers or marks upon new motor vehicles or new parts thereof. 10751. (a) No person shall knowingly buy, sell, offer for sale, receive, or have in his or her possession, any vehicle, or component part thereof, from which any serial or identification number, including, but not limited to, any number used for registration purposes, that is affixed by the manufacturer to the vehicle or component part, in whatever manner deemed proper by the manufacturer, has been removed, defaced, altered, or destroyed, unless the vehicle or component part has attached thereto an identification number assigned or approved by the department in lieu of the manufacturer's number. ( Whenever a vehicle described in subdivision (a), including a vehicle assembled with any component part which is in violation of subdivision (a), comes into the custody of a peace officer, it shall be destroyed, sold, or otherwise disposed of under the conditions as provided in an order by the court having jurisdiction. No court order providing for disposition shall be issued unless the person from whom the property was seized, and all claimants to the property whose interest or title is on registration records in the Department of Motor Vehicles, are provided a postseizure hearing by the court having jurisdiction within 90 days after the seizure. This subdivision shall not apply with respect to a seized vehicle or component part used as evidence in any criminal action or proceeding. Nothing in this section shall, however, preclude the return of a seized vehicle or a component part to the owner by the seizing agency following presentation of satisfactory evidence of ownership and, if determined necessary, upon the assignment of an identification number to the vehicle or component part by the department. © Whenever a vehicle described in subdivision (a) comes into the custody of a peace officer, the person from whom the property was seized, and all claimants to the property whose interest or title is on registration records in the Department of Motor Vehicles, shall be notified within five days, excluding Saturdays, Sundays, and holidays, after the seizure, of the date, time, and place of the hearing required in subdivision (. The notice shall contain the information specified in subdivision (d). (d) Whenever a peace officer seizes a vehicle described in subdivision (a), the person from whom the property was seized shall be provided a notice of impoundment of the vehicle which shall serve as a receipt and contain the following information: (1) Name and address of person from whom the property was seized. (2) A statement that the vehicle seized has been impounded for investigation of a violation of Section 10751 of the California Vehicle Code and that the property will be released upon a determination that the serial or identification number has not been removed, defaced, altered, or destroyed, or upon the presentation of satisfactory evidence of ownership of the vehicle or a component part, if no other person claims an interest in the property; otherwise, a hearing regarding the disposition of the vehicle shall take place in the proper court. (3) A statement that the person from whom the property was seized, and all claimants to the property whose interest or title is on registration records in the Department of Motor Vehicles, will receive written notification of the date, time, and place of the hearing within five days, excluding Saturdays, Sundays, and holidays, after the seizure. (4) Name and address of the law enforcement agency where evidence of ownership of the vehicle or component part may be presented. (5) A statement of the contents of Section 10751 of the Vehicle Code. (e) A hearing on the disposition of the property shall be held by the superior court within 90 days after the seizure. The hearing shall be before the court without a jury. A proceeding under this section is a limited civil case. (1) If the evidence reveals either that the serial or identification number has not been removed, defaced, altered, or destroyed or that the number has been removed, defaced, altered, or destroyed but satisfactory evidence of ownership has been presented to the seizing agency or court, the property shall be released to the person entitled thereto. Nothing in this section precludes the return of the vehicle or a component part to a good faith purchaser following presentation of satisfactory evidence of ownership thereof upon the assignment of an identification number to the vehicle or component part by the department. (2) If the evidence reveals that the identification number has been removed, defaced, altered, or destroyed, and satisfactory evidence of ownership has not been presented, the vehicle shall be destroyed, sold, or otherwise disposed of as provided by court order. (3) At the hearing, the seizing agency has the burden of establishing that the serial or identification number has been removed, defaced, altered, or destroyed and that no satisfactory evidence of ownership has been presented. (f) This section does not apply to a scrap metal processor engaged primarily in the acquisition, processing, and shipment of ferrous and nonferrous scrap, and who receives dismantled vehicles from licensed dismantlers, licensed junk collectors, or licensed junk dealers as scrap metal for the purpose of recycling the dismantled vehicles for their metallic content, the end product of which is the production of material for recycling and remelting purposes for steel mills, foundries, smelters, and refiners. 10752. (a) No person shall, with intent to prejudice, damage, injure, or defraud, acquire, possess, sell, or offer for sale any genuine or counterfeit manufacturer's serial or identification number from or for, or purporting to be from or for, a vehicle or component part thereof. ( No person shall, with intent to prejudice, damage, injure, or defraud, acquire, possess, sell, or offer for sale any genuine or counterfeit serial or identification number issued by the department, the Department of the California Highway Patrol, or the vehicle registration and titling agency of any foreign jurisdiction which is from or for, or purports to be from or for, a vehicle or component part thereof. © Every person convicted of a violation of subdivision (a) or ( shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in the county jail for not less than 90 days nor more than one year, and by a fine of not less than two hundred fifty dollars ($250) nor more than five thousand dollars ($5,000). Quote Link to comment Share on other sites More sharing options...
mhoksch Posted July 12, 2015 Report Share Posted July 12, 2015 And on a new frame which never had a vin? Sent from my iPhone using Tapatalk Quote Link to comment Share on other sites More sharing options...
Bennett131 Posted July 12, 2015 Report Share Posted July 12, 2015 And on a new frame which never had a vin? Sent from my iPhone using Tapatalk Cases too. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.