Please read 2800 and 2814 vc
"Michael R. Clements" wrote:
>
> Personally, the portion of the law that I would contest is if officers can
> do it indiscriminately. In general, the law should require that no officer
> can ever detain anybody at any time, unless the officer has a "damn good
> reason". This would include (a) a warrant, or (b) probable cause.
>
> In the example you give, the clouds of thick smoke would constitute probable
> cause. A general roadblock does not meet either of these conditions and
> should thus be illegal (IMO, of course).
>
> -----Original Message-----
> From: owner-ba-autox@autox.team.net
> [mailto:owner-ba-autox@autox.team.net]On Behalf Of John J. Stimson-III
> Sent: Friday, August 10, 2001 10:51
> To: jeff
> Cc: ba-autox@autox.team.net
> Subject: Re: Fw: CA Special Alert
>
> Huh. So it is the opinion of the NMA that if a cop sees a car going
> down the road pouring forth thick clouds of smoke, it should be
> illegal for the cop to pull that car over?
>
> On Fri, Aug 10, 2001 at 08:43:03AM -0700, jeff wrote:
> > ----- Original Message -----
> > From: "Eric Skrum (National Motorists Association)" <nma@motorists.org>
> > To: "National Motorists Association" <nma@motorists.org>
> > Sent: Thursday, August 09, 2001 12:31 PM
> > Subject: CA Special Alert
> >
> >
> > > Dear CA Members,
> > >
> > > A program is being implemented by the State of California which should
> > cause
> > > concern to all motorists and vehicle owners. A section in the California
> > > Vehicle Code, Health and Safety Code section 44081, allows your car to
> be
> > > stopped for a smog equipment and emissions inspection. This was recently
> > > reported by NMA member Nestor Valdes. On June 27, in Camarillo, a
> > roadblock
> > > was set up and vehicles were pulled over for inspection and testing. The
> > > actual wording in the code says "The procedures may include pullovers
> for
> > > roadside emissions testing and inspection."
> > >
> > > If this concerns you, and it should, please take action by communicating
> > > your thoughts to the Governor and to your elected representatives in the
> > > California Senate and in the Assembly. We need to jump on this quickly,
> > > before it spreads to all areas of the State. In your letters, e-mails,
> and
> > > phone calls, please reference the above California Vehicle Code # 44081.
> > >
> > > You can visit http://www.leginfo.ca.gov/index.html to find the contact
> > > information for your elected representatives.
> > >
> > > You can visit http://www.ca.gov/state/portal/myca_homepage.jsp to find
> the
> > > Governor's home page and his contact information.
> > >
> > > Thank you
> > >
> > > Jim Thomas
> > > CA Activist
> > > fastestdog@prodigy.net
>
> --
>
> john@idsfa.net John Stimson
> http://www.idsfa.net/~john/ HMC Physics '94
--
Kenneth Allan Mitchell
mailto:nokones@kenmitchell.com
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