Law(s) allowing officers to search under the hood (CA)

What is the name of your state? California

I live in California and it is no secret that police officers (in conjunction with CHP) have recently began a 'crackdown' on street-racing - and in effect, any cars that look like they are street racing.

I am an import-tuning enthusiast and own a very quick Honda Civic, which I only race at Sacramento Raceway (racing in NHRA SWFD), but also use as a daily-driver. I do not street-race or participate in any childlike activities when it comes to driving (i.e. reckless driving or tailgating) and have a near-flawless driving record.

I am completely in agreement that people who street race should be prosecuted. What I am wondering about, however, is the legality of the officer telling you to open your hood so that he can examine if there are any illegal modifications done to it. I realize that officers do this on daily basis, which leads me to believe that them searching under your hood without a warrant is legal; however, after searching several hours on the internet, I was unable to come across a law that states this (specifically in California).

My question(s) thus are:

1. What law allows officers to search under the hood of your car in CA?

2. What are the requirements for officers to conduct other searches anywhere in your car if the items that they are looking for are not apparent (define apparent)?

3. If I politely refuse to open the hood of the car (or ignore the order altogether), would mine resisting orders of an officer be considered a misdemeanor (if so, what are the punishments [particularly first and second offenses]?) Will this misdemeanor go on my driving record (and thus affect my insurance)?

4. After my refusing to comply with the officer, can the officer arrest me for refusing orders and still open the hood of the car by him/herself?

5. Finally, if I modify the "hood latch" so that it cannot be opened by conventional methods, what can an officer do if I say that my hood is 'stuck.' This is a purely hypothetical question that just came onto my mind.

Thank you for taking your time to read this post.

-Steven L

Steven L said:

1. What law allows officers to search under the hood of your car in CA?

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It depends on the articulated purpose. There can be a number of legal authorities that would justify his looking under the hood of your car.

2. What are the requirements for officers to conduct other searches anywhere in your car if the items that they are looking for are not apparent (define apparent)?

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See above.

3. If I politely refuse to open the hood of the car (or ignore the order altogether), would mine resisting orders of an officer be considered a misdemeanor (if so, what are the punishments [particularly first and second offenses]?) Will this misdemeanor go on my driving record (and thus affect my insurance)?

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Failing to obey the LAWFUL order of the officer would likely result in your arrest and the impounding of your vehicle ... and, a subsequent search anyway.

4. After my refusing to comply with the officer, can the officer arrest me for refusing orders and still open the hood of the car by him/herself?

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See above.

5. Finally, if I modify the "hood latch" so that it cannot be opened by conventional methods, what can an officer do if I say that my hood is 'stuck.' This is a purely hypothetical question that just came onto my mind.

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If he has sufficient cause, he could either have it forced open, impound it, or just pass.

It all depends on why he is going to look under the hood.


- Carl

Thank you for your response.

Could you please provide situations in which an officer would have the legal authority to search under your hood?

Would being stopped for speeding (not racing - just plain speeding) be a situation permitting the officer to search under your hood? What about being stopped for a simple 'check-up?'

The reason why this question is very important for me is because I believe that many times people give a consent for a search (house, car, etc) without actually knowing that they have a legal right to refuse it. I would like to avoid making that mistake that could cost me thousands of dollars if possible.

Steven L said:

The reason why this question is very important for me is because I believe that many times people give a consent for a search (house, car, etc) without actually knowing that they have a legal right to refuse it. I would like to avoid making that mistake that could cost me thousands of dollars if possible.

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just because you have a legal right to refuse a search isn't gonna stop them from searching if they want to!

Steven L said:

Could you please provide situations in which an officer would have the legal authority to search under your hood?

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Where the officer has reason to believe that your exhaust emission system has been modified ... or when he believes there exists some unsafe modification ... or when your vehicle is being impounded ... it's hard to be specific as there are a lot of possibilities - some good, some iffy. It depends on what the officer knows or believes, and his training and experience. A CHP officer well-versed in vehicle emissions and operations is likely to be able to articulate good cause better than someone like me who has a more cursory understanding of those particular sections.

Would being stopped for speeding (not racing - just plain speeding) be a situation permitting the officer to search under your hood? What about being stopped for a simple 'check-up?'

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No. Simply being stopped for speeding would not be sufficient. However, if the officer had reason to believe that your speed was due to an unlawful or dangerous modification to the engine, he could. And I'm not sure what you mean by a "simple check up". We can't stop a car in CA simply to inspect them ... well, commercial trucks can be inspected thus, but generally passenger vehicles are not going to be subject to such an inspection ... unless you give consent.

The reason why this question is very important for me is because I believe that many times people give a consent for a search (house, car, etc) without actually knowing that they have a legal right to refuse it. I would like to avoid making that mistake that could cost me thousands of dollars if possible.

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You can always refuse. If the search goes on anyway, your attorney can move to suppress any evidence discovered in the search.

- Carl

naive question

Hi, Steven:

I am just wondering: why would you worry at all about the search? If all your modificationa are legal, then you have nothing to hide. Couldn't you just get in writing from your local mechanic or certify that car was inspected and found legally safe and conforming to CA laws?

On the other hand, if any modifications were illegal, then I would leave it up to senior members to humor us

CdwJava, thank you sir. You have been very helpful in your responses. What I meant by 'a simple checkup' was a police officer pulling you over because he thinks you look suspicious, be it because of your car (i.e. appearing to be a reported stolen car) or yourself looking like a reported suspect. I was always under the impression that this was a valid reason for getting pulled over. Would you happen to know if this is the case?

Steven L said:

What I meant by 'a simple checkup' was a police officer pulling you over because he thinks you look suspicious,

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I doubt that ANY officer has admitted to pulling you over because you "looked suspicious". Any stop has to be supported by the reasonable suspicion that you had committed a crime or were about to commit a crime. Pulling you over with literally no cause woul dbe an unlawful detention.

be it because of your car (i.e. appearing to be a reported stolen car) or yourself looking like a reported suspect.

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That's NOT the same as thinking you looked suspicious. Those would be good cause ... though it might be weak cause, depending on the circumstances.


- Carl

Thank you for your response and apologies for the unclear statement from my part. My questions on this subject are answered completely.

Regards,
-Steven L