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Sandking

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Everything posted by Sandking

  1. I've only got 2 banshee a 97 and 95 and it's on the side of both.
  2. The Vin is on the side of the frame in front of the foot peg. If it's covered it's obvious. In my garage from 5' away I can see the vin, not read it but see it, and that's with limited lighting.
  3. The Vin is visible from several feet away if it's not there you have a violation. A race car with a custom frame is far different from a mass produced atv. No grey area. It's spelled out and some still don't get it.
  4. VEHICLE CODE SECTION 10750-10752 10750. (a) No person shall intentionally deface, destroy, or alter the motor number, other distinguishing number, or identification mark of a vehicle required or employed for registration purposes without written authorization from the department, nor shall any person place or stamp any serial, motor, or other number or mark upon a vehicle, except one assigned thereto by the department. ( This section does not prohibit the restoration by an owner of the original vehicle identification number when the restoration is authorized by the department, nor prevent any manufacturer from placing in the ordinary course of business numbers or marks upon new motor vehicles or new parts thereof. 10751. (a) No person shall knowingly buy, sell, offer for sale, receive, or have in his or her possession, any vehicle, or component part thereof, from which any serial or identification number, including, but not limited to, any number used for registration purposes, that is affixed by the manufacturer to the vehicle or component part, in whatever manner deemed proper by the manufacturer, has been removed, defaced, altered, or destroyed, unless the vehicle or component part has attached thereto an identification number assigned or approved by the department in lieu of the manufacturer's number. ( Whenever a vehicle described in subdivision (a), including a vehicle assembled with any component part which is in violation of subdivision (a), comes into the custody of a peace officer, it shall be destroyed, sold, or otherwise disposed of under the conditions as provided in an order by the court having jurisdiction. No court order providing for disposition shall be issued unless the person from whom the property was seized, and all claimants to the property whose interest or title is on registration records in the Department of Motor Vehicles, are provided a postseizure hearing by the court having jurisdiction within 90 days after the seizure. This subdivision shall not apply with respect to a seized vehicle or component part used as evidence in any criminal action or proceeding. Nothing in this section shall, however, preclude the return of a seized vehicle or a component part to the owner by the seizing agency following presentation of satisfactory evidence of ownership and, if determined necessary, upon the assignment of an identification number to the vehicle or component part by the department. © Whenever a vehicle described in subdivision (a) comes into the custody of a peace officer, the person from whom the property was seized, and all claimants to the property whose interest or title is on registration records in the Department of Motor Vehicles, shall be notified within five days, excluding Saturdays, Sundays, and holidays, after the seizure, of the date, time, and place of the hearing required in subdivision (. The notice shall contain the information specified in subdivision (d). (d) Whenever a peace officer seizes a vehicle described in subdivision (a), the person from whom the property was seized shall be provided a notice of impoundment of the vehicle which shall serve as a receipt and contain the following information: (1) Name and address of person from whom the property was seized. (2) A statement that the vehicle seized has been impounded for investigation of a violation of Section 10751 of the California Vehicle Code and that the property will be released upon a determination that the serial or identification number has not been removed, defaced, altered, or destroyed, or upon the presentation of satisfactory evidence of ownership of the vehicle or a component part, if no other person claims an interest in the property; otherwise, a hearing regarding the disposition of the vehicle shall take place in the proper court. (3) A statement that the person from whom the property was seized, and all claimants to the property whose interest or title is on registration records in the Department of Motor Vehicles, will receive written notification of the date, time, and place of the hearing within five days, excluding Saturdays, Sundays, and holidays, after the seizure. (4) Name and address of the law enforcement agency where evidence of ownership of the vehicle or component part may be presented. (5) A statement of the contents of Section 10751 of the Vehicle Code. (e) A hearing on the disposition of the property shall be held by the superior court within 90 days after the seizure. The hearing shall be before the court without a jury. A proceeding under this section is a limited civil case. (1) If the evidence reveals either that the serial or identification number has not been removed, defaced, altered, or destroyed or that the number has been removed, defaced, altered, or destroyed but satisfactory evidence of ownership has been presented to the seizing agency or court, the property shall be released to the person entitled thereto. Nothing in this section precludes the return of the vehicle or a component part to a good faith purchaser following presentation of satisfactory evidence of ownership thereof upon the assignment of an identification number to the vehicle or component part by the department. (2) If the evidence reveals that the identification number has been removed, defaced, altered, or destroyed, and satisfactory evidence of ownership has not been presented, the vehicle shall be destroyed, sold, or otherwise disposed of as provided by court order. (3) At the hearing, the seizing agency has the burden of establishing that the serial or identification number has been removed, defaced, altered, or destroyed and that no satisfactory evidence of ownership has been presented. (f) This section does not apply to a scrap metal processor engaged primarily in the acquisition, processing, and shipment of ferrous and nonferrous scrap, and who receives dismantled vehicles from licensed dismantlers, licensed junk collectors, or licensed junk dealers as scrap metal for the purpose of recycling the dismantled vehicles for their metallic content, the end product of which is the production of material for recycling and remelting purposes for steel mills, foundries, smelters, and refiners. 10752. (a) No person shall, with intent to prejudice, damage, injure, or defraud, acquire, possess, sell, or offer for sale any genuine or counterfeit manufacturer's serial or identification number from or for, or purporting to be from or for, a vehicle or component part thereof. ( No person shall, with intent to prejudice, damage, injure, or defraud, acquire, possess, sell, or offer for sale any genuine or counterfeit serial or identification number issued by the department, the Department of the California Highway Patrol, or the vehicle registration and titling agency of any foreign jurisdiction which is from or for, or purports to be from or for, a vehicle or component part thereof. © Every person convicted of a violation of subdivision (a) or ( shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in the county jail for not less than 90 days nor more than one year, and by a fine of not less than two hundred fifty dollars ($250) nor more than five thousand dollars ($5,000).
  5. Justia › US Law › US Codes and Statutes › US Constitution › Fourth Amendment--Search and Seizure ›"Plain View" "Plain View" 'Plain View'.—Somewhat similar in rationale is the rule that objects falling in the 'plain view' of an officer who has a right to be in the position to have that view are subject to seizure without a warrant293 or that if the officer needs a warrant or probable cause to search and seize his lawful observation will provide grounds therefor.294 The plain view doctrine is limited, however, by the probable cause requirement: officers must have probable cause to believe that items in plain view are contraband before they may search or seize them.295 293 Washington v. Chrisman, 455 U.S. 1(1982) (officer lawfully in dorm room may seize marijuana seeds and pipe in open view); United States v. Santana, 427 U.S. 38(1976) ('plain view' justification for officers to enter home to arrest after observing defendant standing in open doorway); Harris v. United States, 390 U.S. 234 (1968) (officer who opened door of impounded automobile and saw evidence in plain view properly seized it); Ker v. California, 374 U.S. 23(1963) (officers entered premises without warrant to make arrest because of exigent circumstances seized evidence in plain sight). Cf. Coolidge v. New Hampshire, 403 U.S. 443, 464-73 (1971), and id. at 510 (Justice White dissenting). Maryland v. Buie,494 U.S. 325 (1990) (items seized in plain view during protective sweep of home incident to arrest); Texas v. Brown, 460 U.S. 730 (1983) (contraband on car seat in plain view of officer who had stopped car and asked for driver's license); New York v. Class,475 U.S. 106 (1986) (evidence seen while looking for vehicle identification number). There is no requirement that the discovery of evidence in plain view must be 'inadvertent.'See Horton v. California, 496 U.S. 128 (1990) (in spite of Amendment's particularity requirement, officers with warrant to search for proceeds of robbery may seize weaponsof robbery in plain view). 294 Steele v. United States, 267 U.S. 498(1925) (officers observed contraband in view through open doorway; had probable cause to procure warrant). Cf. Taylor v. United States, 286 U.S. 1 (1932) (officers observed contraband in plain view in garage, warrantless entry to seize was unconstitutional). 295 Arizona v. Hicks, 480 U.S. 321 (1987) (police lawfully in apartment to investigate shooting lacked probable cause to inspect expensive stereo equipment to record serial numbers). The Court has analogized from the plain view doctrine to hold that once officers have lawfully observed contraband, "the owner's privacy interest in that item is lost," and officers may reseal a container, trace its path through a controlled delivery, and seize and reopen the container without a warrant.296 296 Illinois v. Andreas, 463 U.S. 765, 771(1983) (locker customs agents had opened, and which was subsequently traced). Accord, United States v. Jacobsen, 466 U.S. 109(1984) (inspection of package opened by private freight carrier who notified drug agents). Pages: 10 11 12 13 14 15 16 17 18 19 20 2122 23 24 25 26 27 28 29 30 Find a Lawyer Eric B. BlumReal Estate Law, Foreclosure Defense, Landlord TenantIrvine, CA Damian J. NassiriCriminal Law, Employment Law, Civil RightsRiverside, CA Gary K. WalchPersonal Injury, Animal & Dog LawCalabasas, CA Roger GlienkeBusiness Law, Tax LawLos Angeles, CA Perla J. DuvelEmployment LawTustin, CA Lawyers - Get Listed Now!Get a free directory profile listing Ask a Lawyer Question: 120 Add detailsAsk Question Subscribe to Justia's Free Newsletters featuring summaries of federal and statecourt opinions.
  6. If it was an open trailer he could have seen the Vin was not visible and you don't need a stolen report to impound it for no vin. However this is in CA I don't know if it's different where he lives.
  7. You do realize removing the Vin is illegal right. Hard to prove ownership when you do it even if unintentionally. The cop was within the law to impound. Try and stop that and you will end up in jail. He was doing his job.
  8. Would also like to know why go back to ported stock cylinders?
  9. If the officer ran the engine number it should have returned to that frame. I can see why it was impounded if the Vin was not readable though. Good luck getting it back and the sooner the better impound fees go up daily.
  10. Is it registered as a off highway vehicle? If so the engine number should be in the system with that vin.
  11. Muriatic acid can bring the Vin back sometimes, you can start with diluted. If you can't bring the Vin back it would get destroyed in California. Just the frame though not everything else. And this is just the way CHP does it here.
  12. Is it possible to clean up the Vin or is it gone.
  13. Send it back to redline and do a promo set up.
  14. Get a bolt with a similar size head and double nut it.
  15. Trinity is closed so hopefully the plug locks will disappear. 9003 good luck defending your lock when your set up was messed up. Post a picture of your bike so I know who you are, I go to Glamis a lot.
  16. So this is LSR and not Laeger? If done could you get say a +4 swingarm, no nerf mounts, or air box. A dune version. Also for that price would it include tie rods and spindles. And to use a 88 250r platform wouldn't be as good as the new yfz450r set up. The price isn't outrageous and I was thinking a 10 mill serval dune build.
  17. It does seem like a lot of work for a limited number.
  18. Post specifics OT has been good and this would be awesome. Too bad it couldn't be the yfz450r set up.
  19. Contact toomey lifetime warranty, I got a new head pipe from them last year. Bottom tab came off and left a hole.
  20. There's probably air in the master cylinder. Unbolt it, flip it upside down and remove snap ring at the bottom. When fluid starts to escape put it back together and bleed it.
  21. Take a picture of your filters and post it. Cascade sells sleeves that won't mess the filters up.
  22. Wow 71hp ouch. If your using reed spacers take them off and use the angled pods. If it's still tight put the heat sleeves on the stinger pipes. The upp intakes also tighten things up.
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