Legal or Illegal? [Archive] - Dodge Charger Forums

: Legal or Illegal?


JJACKO312
08-08-2011, 04:48 PM
My brother was pulled over in my car yesterday because the police said they were looking for drugs. They made him get out of the car and they patted him down. Is that illegal search? Also the cop said my taillights are illegal because they are tinted, which they are aftermarket, my rims are illegal, and also my headunit. No video was playing at the time. Is this just all BS? Here are some pics.

Shots
08-08-2011, 04:56 PM
Was the stop at a checkpoint? Did your car match the description of a car they were looking for? Did you brother match the description of a person they were looking for? Did they smell the odor of burnt or raw marijuana while speaking to your brother? Did they see drug paraphernalia while talking to your brother? There's a lot of things that could make it a legal/illegal search. Each case is different.
As for the other stuff. If the tires stick out beyond the fenders, it is technically illegal (can't tell in the pic fur sure though). I haven't checked PA code, but they may have a law against having video on your radio and/or other distractions. The tails are also a per state thing. My best guess is that there is no red reflector on the side, but again I can't see it in the pic, and I didn't check PA code to verify if you even need it there.

Here is a link to PA code if you want to look up the details on what the officer said is illegal. PA code (http://government.westlaw.com/linkedslice/default.asp?SP=pac-1000)

JJACKO312
08-08-2011, 05:03 PM
No this was just a random stop, i was driving his car in front of mine and the cop was sitting in the middle turning lane and once the light turned green he pulled out and pulled him over. I do have color match tails but when the lights are on you can see the red throught the paint. Do I still need the deflecter? I dont think my rims stick out that much if the even do,I dont have a pic I think my tire is 9.5inch not sure

AdWo2187
08-08-2011, 05:21 PM
Was there a charge or fine? The width of the rim doesn't matter it's how far they stick out from the fender. That's why trucks are supposed to have big fender flares. I think it's to prevent from kicking up rocks and stuff on other people's cars, I could be wrong.

You can always complain or sue for harassment or wrongful arrest or something, I'm sure there're options.


Sent from my iPhone using Autoguide

jdrew
08-08-2011, 05:24 PM
He might have been stopped over window tint. In your sig, you have that you have 20%. Not sure what is legal in PA, but it's 35% here in Indiana. I make stops based on window tint violations frequently. As for the rest, it's hard to comment on without being there.

a14umbra
08-08-2011, 05:26 PM
If he didn't write you up for anything, I'd let it go. If you start complaining you may find yourself with tickets for tinted tails, too wide tires, and an illegal head unit.

That's assuming that those are illegal in your state.

JJACKO312
08-08-2011, 06:20 PM
Not sure how to quote things on here lol but, adwo2187 there was no fine or anything not even a warning, just that he said they were illegal. Jdrew the window tint is 20% and the legal limit is 35% also here but he never mentioned it. a14umbra i think your right i drive through there often and dont wanna keep getting pulled over. Idk guys i mean we are all car guys and we want our cars to look good but I guess some of us including myself think there are more problems out there then minor things like this.

Jonny
08-08-2011, 07:31 PM
Look at it this way, give the cop a hard time/complain to the chief, he's likely to write you every chance he gets, if he so desires. This is not a desirable situation.

Be courteous and polite... he may remember your car and know you aren't carrying drugs. If they continued to pull me over for the same non-reason after the first time... that's a game changer. I'd ask why they pulled me over, and maintain being courteous and polite. They have to have a reason to pull you over, and PC or permission to search.

It rarely pays to be a **** to the police.... but, you should know what your actual rights are. (Not what's on youtube... LOL)

hapanate
08-08-2011, 09:08 PM
Jdrew the window tint is 20% and the legal limit is 35% also here but he never mentioned it.

That right there is enough for an officer to pull you over whenever they see you. Without being there its hard to critique the traffic stop.

Shots
08-08-2011, 09:57 PM
Not sure how to quote things on here lol but, adwo2187 there was no fine or anything not even a warning, just that he said they were illegal. Jdrew the window tint is 20% and the legal limit is 35% also here but he never mentioned it. a14umbra i think your right i drive through there often and dont wanna keep getting pulled over. Idk guys i mean we are all car guys and we want our cars to look good but I guess some of us including myself think there are more problems out there then minor things like this.
To quote, click on the "quote" tab at the bottom right corner of the reply you want to quote. You can also multi-quote by clicking on the "-" sign next to that. It will change the "-" to a "+", and when you click on "quote" on the last one you want, it will quote it and all of the posts with the +.

In regards to the stop. The tint alone is enough for a legal stop. If the tails are illegal then that would also be a reason to stop (not that multiple reasons are needed). I'm not sure about PA, but here in Ohio you're still required to have reflectors on the side, which is why my tails are tinted like they are. Even if it's not in PA code, it is a DOT requirement for any vehicle manufactured after 1969. To be specific the reflector does not have to be part of the tail light housing.

As for the legality of the search. That is near impossible to determine without actually being there.

Yes we are all car enthusiasts here. Often times cops are too. While it is inconvenient for a person to be stopped for "minor things like this", it often leads to bigger things. This incident was a prime example. Your brother was stopped for a minor offense, and let go with a verbal warning because officer was looking for drugs. That's the bigger thing he's looking for. I've removed drugs, many drunk drivers, illegal guns, deported illegal aliens, and recovered stolen vehicles all by stopping minor offenses. Big time crimes aren't always readily evident, so stopping the stupid stuff like a burnt out bulb gives us the legal grounds to make the contact. From there we can following our training, and instincts to track down the bigger stuff.
FWIW Timothy McVeigh was stopped by an Oklahoma State Trooper because he didn't have a license plate on the vehicle. Not a safety violation by any means, but something simple got the wheels turning to get a mass murder/terrorist caught.

charger670
09-05-2011, 09:41 AM
Pennsylvania is not a car persons friendly State.

-The head unit. They can't get you on that because cars come from the factory with screens now for maps/directions and entertainment.

Pennsylvania would have to ban most new vehicles be sold in their State.

-The aftermarket taillights. Even if they have a DOT marking, PA State Troopers will enforce State laws on the reflector statute...they want to see red lens no matter what.

-The rims. The cop can look for tiny DOT approvals which some aftermarket wheels may not have. If he REALLY doesn't like you he can enforce that:
www.sema.org/federal-regulation-aftermarket-parts#Tires-Wheels

It's a "CommonWealth" State. I know a guy who restored an old International Pickup and put a nice little lift on it. Beautiful truck. He painted it Hot Pink.

The Pennsylvania State Police pulled him over and gave him a ticket. "Distraction to other drivers". Told him to repaint it or the next ticket will be worse.

Pennsylvania's State Troopers know their State Laws and apply them strictly to issue tickets. The way they see it, if they see you have extra money to trick out your ride...you've got money to give to them.

I know another guy who bought a Trans Am and tinted the windows. The State Troopers pulled him over and wouldn't let him drive away until he scraped every last inch of the tint off...right there on the side of the road.

Keep the outside stock in Pennsylvania.