In a message dated 8/10/01 9:19:03 PM Pacific Daylight Time,
nokones@kenmitchell.com writes:
<< Ah, let me know what the outcome is if you elect to try that approach
with an officer.
"Michael R. Clements" wrote:
>
> Kenneth,
> Nice reference but. . .
> Refusing to grant one's permission, in the absence of any physical
> resistance, does not resist, delay or obstruct the officer in his duties.
> Thus PC 148 should not apply.
> However, while refusing to grant permission does not physically impair the
> officer from doing whatever it is he wants to do, it does make him think
> twice about doing it, which is usually enough.
> >>
Ken - Another approach for the driver of a car that would NOT ordinarily be
subject to any emission test (That was the original thread, right?) would be
to turn off the engine and refuse to start it for a roadside "search and
seizure" test. Or just say "It won't start!" It might mean a AAA call for a
tow. But it would beat some indescriminate testing where none is specified. I
draw a thick line between the CHP and the CARB. The CARB has become the
lackies of the big industrial polluters and their donation-dollar interests.
I am not suggesting non-compliance with a legitimate peace officer request. -
Seth
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