pop your hood son..big brother

General Discussion
#1

Interesting post so I thought I would start a thread…

California has more excuses to bud into your life… im sure a 45second bing search would pop up more information but im under the impression that in ca they can ask you to pop ur hood to inspect the car for emmisions violations… I know for 100% sure they can give you a ticket and force you to take your car in for an emissions inspection if they think you have emmisions violations…

This also brings up the point…on the supercharger. … with many states using emmisions standards that require a visual inspection. … I can see a jhm supercharger passing visual inspection due to the great stelth design… I cant say the same for the in your face clearly emmisions non legal poster board when you pop ur hood with any of the other aftermarket supercharger kits…

#2

I don’t know how CA does but I would assume under their stricter smog laws, it’s feasible.

Like I posted in the other thread, out here in VA, an officer can get consent to search your car or remove you from the car to search it if he deems that a crime has been committed (I can site case law if you want me to) but they are only limited to the immediate areas of the car excluding glove box, trunk, hood, door cards, etc (anything that requires force to open).

In the event that the car gets impounded, an inventory search is conducted and they are allowed to search the trunk, hood and glove compartments but as I said earlier, a probable cause has to be determined otherwise its a wrongful search and arrest; meaning that’s my job.

#3

I always wonder about this visual inspection for emissions. What do they have as a reference? For example, unless the exhaust has some obvious aftermarket logo on it, how would an emissions inspector tell the difference between the stock RS4 exhaust and the JHM one (assuming the condition is the same)? Do they go so far to look for OEM markings and a part number?

#4

Slow4, I have been told that the laws are so loosely written here in VA that any modification can be cited.

Now as far as the visual inspection goes for an emissions inspection. I have asked multiple inspectors if they could actually point out the emissions components and they had no idea for everything other than cats and O2 sensors. So it wouldn’t surprise me if most inspectors in other states are that way too.

#5

slow4 - attorney or law enforcement?

#6

Ya cats are what they look for here in Cali, that’s the big No No!

#7

If it is not within immediate reach of your person then it cannot be searched legally unless the hatch pull out cover was retracted and all of the items in the hatch was viewable to the naked eye via plain sight rule.

Also, if you have passengers in the back seat and the hatch was accessible to them within their immediate reach then yes, it is legal to search the hatch area.

Ya but as a compliance thing unless it physically endangers the driver and others around it.

I’ve never really asked anyone in a civic fart can to revv their engine to “guage” how loud their exhaust is; if its hanging from their car and dragging ass on streets then ya, I’m gonna cite them for some sort of faulty equipment within the Virginia code book.

Back to the topic, supercharger kits aren’t considered illegal even though by definition, they are ALTERING the cars performance.

It’s one of those catch-22s, if you cite a guy with an AMD S/C kit because of the massive griddle looking thing that has replaced their manifold then you might as well tag the LS7 corvettes, the Shelby GT500s, the B8 S4s, etc., etc., etc due to the nature of their engine performance being altered by forced induction via the manufacture.

There’s a difference between civil ordinance law breaking (ie smog/emissions) and criminal law breaking; one has a fine, the other has a punishment with fine.

#8

So it’s is ok to search something if it is within my reach? Even if its covered? That would make my center console searchable, as well as my glove box even though what’s inside is not in plain view? Or does the law state it must be in plain view AND within my reach?

The “in plain view” thing is weird. I can have a gun hidden under a towel in my passenger seat so that means its not in plain view.

#9

Thanks for the explanation Slow4, + karma for you.

#10

Glove box isn’t within reach of you as a driver and not searchable.

Center console is within reach of you as a driver and is searchable.

The gun under a towel by the passenger seat is considered “plain view” because it’s not technically “concealed”. Plain view and within reach are two separate concepts but they can be used together.

It’s a case by case concept.

#11

@ clochner - the latter

#12

good to know, thank you for the information

and minor detail but LS7’s are N/A, LS9’s and LSA’s are s/c

#13

haha, oops. thank you for the correction.

#14

CA motor vehicle code does not allow for modification unless it is accompanied by a CARB E.O.

I had to get rid of my supercharged mk4 Jetta because of. All emissions equipment still in tact, passes the actual emissions test, etc…

Did not pass visual as the tech saw and heard the vortech centrifugal charger off the intake. Even fairly concealed by the engine cover still inplace.

Cat back exhausts are OK, start messing with cats and sensor relocation and no go.

I guess it all depends on who you take it to out here but they can be a real bitch to pass and even if they don’t know every engine by memory they all have every manufactures engine diagrams to reference. They will use mirrors to search under the car to verify everything is and where it should be.

On the few ocassions that I have been pulled over, I just turn my engine off and put my hands on the dash/wheel where they can see them. Have not been asked to pop the hood though (even in a high speed stop). Guess its just a matter of time.

And yes they absolutely have roadside emissions stings here with portable rollers and techs ready to pounce and impound your vehicle. Helps a bit that we are awd for the most part.

Also, CA has apparently gone to no sniff test and all visual/OBD II readiness. Basically plug in and if your ecu checks out and they don’t find any mods to fail visual, you’re good to go. What I have heard from my local shop is these smog places operate on a ratings system. They get scored from the state. The registration renewal will tell you if you need to go to some “gold star” shop or if any old place will do. Here’s the issue, you are allowed at least one failed readiness (might be 2), but these shops get dinged by the state in their rating if too many failed tests are reported and lose the “gold star” rating and money, etc…some of them will turn you away even if you meet the 1 readiness failure threshold. Its a joke!

Bottom line is its a fucked up, intrusive, money grab that I’m ready to get the hell out of. For anybody that can’t tell or doesn’t know, CA IS FUCKING OVERRATED. PERIOD!

#15

Emmisions here in Illionis is great. I just passed a week ago with no cats, deleted EGR, and my car is extremely loud and stinky compared to the S4. All of the shops that do emmisions here are state facilities therefore they are employed by people who couldn’t give two fucks about their jobs. I don’t have a front plate either, so that should have failed me right there because its a code violation.

My tuner told me when they scan it it shows that those systems are not supported. I wonder if that’s how JHM passes the EGR-less supercharged S4’s.

#16

I really need to move back to Chicago…“sigh”

#17

I want to move too but to Florida. They have no emissions, hateful state inspection, personal property taxes on vehicles, and they allow dark window tint on the front windows.

The VA state inspection is as hateful as Cali’s emissions testing. We used to fail people for exhaust leaks, leaking power steering lines, cracked serp belts, worn control arm bushings, and wheel bearings that had the tiniest amount of play. That is in addition to blatantly obvious stuff that makes sense like worn tires/brakes, light bulbs out, and horns that don’t work.

#18

Well you know the real funny thing here is they don’t give a rip about mechanical safety inspection. Nothing like that. As long as you are running “clean” exhaust emissions wise, who cares about the road worthiness of your dump. Go figure ???

It really is back asswards!

#19

Sorta like MD; I don’t know what the full story is but from hearsay, all they have to do is pay for an emissions test and boom, that’s it…only thing required is an annual safety inspection.

#20

Talking about cops and their ability to search vehicles, they can simply make anything up (if they’re corrupted or on a power trip). In the end, it ends up being your word against his. And in the end, even if you’re able to convince a judge that you were in the right, you still ended up having to deal with the courts in time, expenses and stress and the cops never feel the repercussions.