[DeTomaso] LPC - Roadside smog dynamometer

michael@michaelshortt.com michaelsavga at gmail.com
Wed Mar 13 08:20:26 EDT 2013


Everybody should have some fundamental knowledge of their rights when
dealing with the police. While 99% are responsible public servants, the
other 1% seem to garner more than their share of attention and legal
settlement costs.
There are three case laws that you should read.  Delaware v Prouse, Terry v
Ohio and Arizona V Johnson.
You might be amazed how often rights are violated, maybe you have been a
victim yourself sometime in your life.
There is no law against videotaping a traffic stop from beginning to end
and I highly recommend that if you have the means,  that you do; Dash cam,
GoPro, cellphone, video camera.  Better to be paranoid and be overprepared
than to be railroaded without a record that is w/o bias or that suffers
from retromemory adjustment ( my Mom just called it lying ).

Michael Shortt

These having nothing to do with smog checks, you may very well have
forfieted your rights to obtain a CA license plate, somebody who has read
the fine print should weigh in.
On Mar 13, 2013 6:17 AM, "michael at michaelshortt.com" <michaelsavga at gmail.com>
wrote:

> No sure about California laws with regard to smog compliance, but
> elsewhere, unless they were stopping everybody ( like a roadblock dui
> checkpoint ) or unless the vehicle was displaying an illegal condition, or
> it had an outstanding warrant / bolo for it or the driver, it would be
> totally illegal to randomly stop it and search it, much less test it.
> Who knows what rights you sign away when you get CA plates?
>
> Michael Shortt
> On Mar 13, 2013 6:06 AM, "Guido deTomaso" <guido_detomaso at prodigy.net>
> wrote:
>
>> Tuesday I spotted a pickup on a roadside dyno, on a four lane surface
>> street
>> near a freeway exit.  Since the men with guns making it happen were CHP,
>> I'm
>> guessing they were plucking hapless saps off the freeway and stealing
>> first
>> their time and possibly second their vehicles.
>>
>> Anyone have the skinny this, especially:
>>
>> What's the legal foundation for forcing participation?  Can a driver
>> refuse,
>> both to participate or if not, refuse to allow the "officers" inside the
>> car /
>> to operate the car?
>>
>> Can they force a pre '76 ( not in the current smog check ) off the road?
>>
>> 'Course they don't respond to home burglaries, vandalism,
>> graffiti anymore.
>>
>> GD
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