Anyone who may have more laws of life experience than me...

[Astro Boy]

Just something that i though of whilst lying bed in the early hours of this morning....

If a cop hears an excessively loud BOV etc... then fair enough that they may ask you to pop you bonnet... but isn't the fact that its your property require a search warrant otherwise?

Just a though :roll: I don't own a car with a BOV, nor to i intend to anytime soon, but my rade does make some pretty loud induction noise, though thankfully the only time i drive it like a wanker is on dirt tracks (in which case I'll take a pursuit falcadore on anyday )... So hopefully cops wouldn't pull me over just for the sake of it.... After all... its a charade....

But seriously... Search warrant??? Are their different laws applying to cars or what???

[Dogo]

im not 100% sure on the laws. I believe they're allowed to search the car wihout a warrant, if they have sufficient reason to suspect you of something.

An example is when I was sitting in my dad's tarago in a local carpark at night once. Cops turned up and asked us the usual questions, they weretrying to find out if we were the people setting off soda-bulb bombs in the local area, and also suspicious of us using drugs. They demanded to search the van, I told them no, as they had no reason to believe that a few guys sitting ni a car were doing anything illegal. There was nothing they could do but leave. I also asked one of them to not smoke in my car - he had got in & started poking around before I had said no. Again, he had to comply.

This is a different case however, I believe that they are not allowed to search a vehicle without reason, but I think that they are allowed to inspect it for reason that the car may be defective.

Its also important to note that if a cop tells u he has pulled u over for something eg a random breath test, and doesnt do it ( instead inspecting the car ) their inspection is void and they cannot get u for anything. This is why, when I was pulled over on sunday, he said it was a 'standard license check'.

[pr1mo]

did you have all your certificates handy??

cheers mike

[Astro Boy]

Well i think i found it:

˙Powers of entry
43. Any police officer may at any time enter any land, premises, vehicle,
or place for the purpose of making any seizure, inquiry, investigation,
inspection, examination, or test which the officer is authorised or required to
make under this Act whether in relation to any person, or to such land,
premises, vehicle, or place or to anything which may be therein or thereon,
whether it be an animal, or a vehicle, tram, train, or part thereof, or any
goods, equipment, or other property or thing, or which in the officer’s
opinion is necessary or desirable to give proper effect to the provisions of
this Act, and if such officer is of or above the rank of inspector, or is acting
under the instruction of an officer who is of or above the rank of inspector,
the officer may use reasonable force, if necessary, for making such entry.

So the way i read it, is that if an officer is below the rank of inspector, and you do not concent, there is nothing they can do...

Where does inspector fall into the rank structure, ie. is your average traffic cop above inspector???

[ABC]

holy crap!
26 comma's and only one full stop!

I'm glad I'm not a lawyer who has to read this crap every day! sheesh! :roll:

[twilightprotege]

inspector is only 2 or 3 ranks below the head guy i'm pretty sure

but that's interesting about the legislation...what's it's full name - might be good to have it in the glovebox

also, check for noise legislation. i know in america it's only exhaust noise...a bov or intake noise is not exhaust so they cant do squat

[Astro Boy]

http://www.legislation.qld.gov.au/LE...ficA49_04_.pdf

Page 89

Cheers

[Dogo]

they dont have to enter the car to look under ur bonnet tho.

[JynX]

The rank of inspector is only needed if force is required. If rank is below inspector they must act on the instruction of someone with a rank of inspector or higher... ie a warrant.

[twilightprotege]

but they do to open the bonnet

[dfvadr]

43. Any police officer may at any time enter any land, premises, vehicle,
or place for the purpose of making any seizure, inquiry, investigation,
inspection, examination,

the way i read this is they can search a car, an to my knoledge this is true
so u guys dont have any say in the matter , an they cant even order you to go to a rta station for full inspection if they do this you have to go .

you see the rta vehicles with the purple light and the bit in the middle that has a digital read out , i saw 1 the other day pull in front off a truck an the sign was saying follow us an he had too

[Cosmo Dude]

Mostly it's bluff, if they 'ask' you to open for them and you comply then they are allowed, if you had 30cm fuzzy dice hanging from the mirror that can be seen from the outside then they could defect you without entering the vehicle.
They would have the right to enter if there was a clear felony in progress IE passenger in distress (kidnap, murder, assault, bank robbery etc...). your run of the mill traffic infringement is a misdemeanour and doesn’t give them the right. They can always send you off to the EPA or do an RBT and keep you there for a few hours before a second test if they really want too.
From memory drink driving is considered a felony but if your over the limit then the state of your car is the least of your concerns.
Remember, for every action their could be a totally over the top reaction

[JynX]

>>for every action their could be a totally over the top reaction

Agreed, in most cases, complying with the officers wishes is the easiest course of action. If you are doing somthing which you know is illegal (ie running a pod without an enclosure) then bite the bullet and pay the fine. Plead ignorance and maybe they will let you off.

Case in point being when I was defected last year. I was pulled over and the officer checked my tyres and saw they were oversized according to the tyre placard. I told a small white lie and said I had had them fitted recently and wasnt advised they were oversized. He gave me a ticket for the tyres, told me to go back to the tyre shop and then proceeded to tell me he had clocked my doing 85 in a 70 zone and believed my speedo may be out due to the oversized wheels.

Now if I had of been smart and said that the tyres were actually legal (which they are according to RTA specifications) I can bet my bank account I would of had a speeding fine for the 85 in a 70 zone

Sometimes it pays to shove your pride in your pocket and take the lesser of two evils

[platypus]

jynx agreed

as far as i know (and from what i read) they will 90% of the time need that warrant, unless they are of the according rank....

but as jynx hinted at, you make them get a warrant, they'll make it worth their time!!