Do I have a case against San Diego Police Department?

What is the name of your state? California

First off, I’d like to say thank you in advance for any advice you guys can give me.

I want to take action against the San Diego Police Department for violation of civil rights and harassment. I don’t know what else this would fall under but maybe you guys could help me with that.
In the last 3 months I have been pulled over by the San Diego Police 7-9 times. I have been cited 5 times.

I drive a 1993 Honda Civic. It has a lot of work done to it, and it’s my hobby to fix up cars, but EVERYTHING on it is COMPLETELY LEGAL and I DO NOT STREET RACE. The following is 3 of the instances.

In December I was driving from the DMV to my home. I was driving the speed limit and saw a police car to my left and thought nothing of it. Next think I know, I was being pulled over. The police officer told me that I was pulled over because I didn’t have a front license plate. Okay I have no problem with that. I can go get one, no big deal. Then he proceeds to ask me to open my hood. He checked out my motor and made sure everything was legal. I had an aftermarket intake on the car and it had a C.A.R.B. EO Sticker on it. He told me that it is supposed to be a metal placard welded on the intake. I told him that is the way the intake came and if it needed a metal placard why do they even provide a sticker? After he couldn’t answer the question he said to me, “Your tire’s are balding on the inside, that tells me you’ve been street racing.” I told him the reason they were balding in the inside is because the previous owner lowered my car cheaply and there wasn’t an alignment done. By this time another police car pulled over behind us. He proceeded to tell me that he was going to send me to the smog referee because he said the sticker wasn’t for that intake and I had a blue hose from the intake to the valve cover and that I couldn’t drive my car after I got the ticket because I would get it impounded unless I got it refereed. After being pulled over for over 30 minutes. He talked to the other officer that pulled over and they decided to write me a ticket for no front plate and loud exhaust. All this time was wasted on that simple of a violation. I had things to do, and I’m sure the police probably could have been doing more important things.

In January, I was driving south on the 5 in the fast lane. I was driving 65MPH and it was clear weather. The traffic in the other lanes was moving slower so of course I was passing people. I gradually made my way to the right hand lane so I could get off the exit. When I got off the exit, lights started up behind me. The officer pulled me over and said I was speeding. He proceeded to tell me how my exhaust was modified and that was illegal. I explained to him that I had a pending fix-it ticket and I was in the process of having it signed off. He cited me for going APPROXIMATELY 80 in a 65. Just because my car is louder than others and I’m passing slower traffic DOES NOT mean that I’m speeding.

Today, Wednesday February 16, 2005 I was pulled over. It was about 5:50AM and I was on my way to work. I pulled out of my neighborhood and accelerated to 45MPH (The speed limit on that street). I shifted at 5000RPMs and was giving it about half throttle. Next thing I knew, I was being pulled over. The officer asked me if there was an emergency because I was speeding. I told him I am trying to get to work and I don’t want to be late so can you write my ticket? He went to his car and came back about 20 seconds later. He then asked me to pop my hood. I told him that I don’t need this right now and I don’t want to be late for work. He again said is it an emergency that I’m late for work? I told him yes if I am counted as Unauthorized Absence the NAVY can fine me half my paycheck and that’s an emergency if I cant make my bills. I showed him everything on my motor and showed him all the stickers to prove that everything was 50 states legal and he searched around my motor to find something to give me a ticket for. He then looked at my cam sprockets and said that since they were adjustable that they were illegal. He told me to get back into my car and went to his car for about 20 minutes. He comes back and tells me first off to drop the attitude because if I didn’t he’d arrest me then he hands me the ticket to have it signed. He cited me for 60 in a 45 and modified emissions. I have to go back to the smog referee and spend 100 an hour just to PROVE that my car is legal. I pulled away from the guy at about 6:15. Being pulled over for 35 minutes just for that is ridiculous.

I want this to be known that people are being harassed based on the appearance and sound of their car and I want it to stop. Not to mention every time I fight the tickets I have to pay $200+ up front so that I can plea not guilty. I’m in the Navy and since I’m out to sea often I have to fight it by written declaration. Just like RACIAL PROFILING, profiling someone’s car is the same thing to me. It’s a hobby and I wouldn’t like to have the police harass me about any hobby that I have.

Basically my question is do I have a case and if I don’t is there anything else I can do to take action against them?

Q: Basically my question is do I have a case and if I don’t is there anything else I can do to take action against them?

A: No. Getting traffic tickets is not a violation of your civil rights.

So basically a cop can pull over anyone and give them a ticket for "modification of emissions equipment" and that person HAS to go to the smog ref and pay out of their own pocket?

That's rediculous. I wouldn't have a problem paying the ref if I was reimbursed when the ref tells me the police officer was wrong.

Also, profiling a car just because it looks like a so called "Sreet Racer" is wrong. I guarantee that if I was driving in our avalanche the same way I was driving this morning I WOULD NOT HAVE BEEN PULLED OVER. That's my problem. I'm harrassed just because I have a hobby of fixing up cars. I didnt mention above but 5 of the times I was pulled over the cop was a complete ******* to me for no reason.

Get a lawyer and sue.

Get donations for legal fees from the other hobbyists in your area.

Report back with results.

San Diego PD does have a very aggressive enforcement policy for street racers and kids who soup up their rides. However, I suspect that if you got stopped on I-5 then the CHP was involved in this as well ... unless you just got unlucky enough to have the SDPD running from north to south (or back) along the freeway.

I know a lot of those guys ... for a maybe not so obvious reason ... and they have had a lot of problem with car club types. It's one of the reasons they come down pretty hard on cars that fit the profile. And, FYI, it is NOT improper or unlawful to profile a vehicle that is (apparently) not in compliance withthe vehicle Code.

When you modify your exhaust, it attracts a lot of attention ... and if it's loud, you are probably going to get cited for it.

Your only legal response is going to be to defend against the citations. Perhaps quiet the noise down and carry the referee's certification with you all the time so you can show it in the future ... of course, all bets are off if you modify things yet again.

- Carl

CdwJava said:

San Diego PD does have a very aggressive enforcement policy for street racers and kids who soup up their rides. However, I suspect that if you got stopped on I-5 then the CHP was involved in this as well ... unless you just got unlucky enough to have the SDPD running from north to south (or back) along the freeway.

I know a lot of those guys ... for a maybe not so obvious reason ... and they have had a lot of problem with car club types. It's one of the reasons they come down pretty hard on cars that fit the profile. And, FYI, it is NOT improper or unlawful to profile a vehicle that is (apparently) not in compliance withthe vehicle Code.

When you modify your exhaust, it attracts a lot of attention ... and if it's loud, you are probably going to get cited for it.

Your only legal response is going to be to defend against the citations. Perhaps quiet the noise down and carry the referee's certification with you all the time so you can show it in the future ... of course, all bets are off if you modify things yet again.

- Carl

Click to expand...

I'm not a kid. I like to build cars.. It's a hobby. I dont race on the streets at all.

I have the referee's certification sticker under the hood of my car, I have CARB stickers for all my mods. I do not have a problem with them cracking down on street racing, but cracking down on the "profiled" car that's going to work at 5 in the morning is rediculous. Who street races on a Wednesday morning at 5 by themself in a neighborhood. Profile the guys that are caught in the act! I'm not going to give up my livelyhood because they are cracking down on street racers. I'M NOT ONE.

Well here's another little trick we used to use when I worked down there ...

Have you reported the increased value of your vehicle(s) to the DMV due to the improvements and additions? If not, you could be hit for additional fines for an unregistered vehicle ... since your registration fees are based on a percentage value of your vehicle when you improve the value of that vehicle, you are required to report those improvements to the DMV when they exceed $500. I forget the section (I haven't used it since I left the area four years ago), but it was CVC 4000(a) per a section of the state's Revenue and Taxation Code.

But, back to the original point, I doubt you can sue or get an injunction against the SDPD. Maybe if there were a handful of cops in a small town that all knew you, but how would you expect them to muzzle 2,000 cops? It won't happen. It's probably going to be one of those annoying little facts of life that you will have to put up with.

The only other option MIGHT be to try and talk to someone in the traffic enforcement unit at the SDPD and ask if they can help you out in some way by giving you a letter or some other information that will cut you some slack.

- Carl