CHP emission check point.
03-12-2013, 07:43 PM
#46
2800(a) VC - It is unlawful to willfully fail or refuse to comply with a lawful order, signal, or direction of a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, when that peace officer is in uniform and is performing duties pursuant to any of the provisions of this code, or to refuse to submit to a lawful inspection pursuant to this code.
2804 VC - A member of the California Highway Patrol upon reasonable belief that any vehicle is being operated in violation of any provisions of this code or is in such unsafe condition as to endanger any person, may require the driver of the vehicle to stop and submit to an inspection of the vehicle, and its equipment, license plates, and registration card.
Just sayin'... Don't believe everything your read on the interwebs.
2804 VC - A member of the California Highway Patrol upon reasonable belief that any vehicle is being operated in violation of any provisions of this code or is in such unsafe condition as to endanger any person, may require the driver of the vehicle to stop and submit to an inspection of the vehicle, and its equipment, license plates, and registration card.
Just sayin'... Don't believe everything your read on the interwebs.
CALIFORNIA PENAL CODE
So no. If a police officer directs you to a roadside smog check, he is acting outside of the Penal Code.
03-12-2013, 07:57 PM
#47
Smog checks aren't a part of the Penal Code.
CALIFORNIA PENAL CODE
So no. If a police officer directs you to a roadside smog check, he is acting outside of the Penal Code.
CALIFORNIA PENAL CODE
So no. If a police officer directs you to a roadside smog check, he is acting outside of the Penal Code.
2800(a) VC and 2804 VC are from the Vehicle Code, not the Penal Code.
Why don't you guys just ask the CARB personnel at the check point what they are looking for and what they are doing? I have...
First, the CHP officer there is only for traffic control, he isn't there to "catch you".
Second, they don't do AWD vehicles.
Third, they are looking for pre-OBDII vehicles (1996 and older).
Fourth, they are running your VIN against the database from when it was last smogged so they can see how the testing locations machines are performing.
Fifth, even when they come across a car which is a gross poluter, they show the people what they should do before they need a smog so they can pass.
Sixth, if you have a real stick up your ***, then just say no thanks. You are talking to the CARB people, not a CHP or police officer.
03-12-2013, 10:33 PM
#48
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Any of these checkpoints are a violation of the 4th Amendment. DUI checkpoints, Smog checkpoints, Immigration checkpoints, etc are all technically illegal.
More people should refuse.
More people should refuse.
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