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RE: Fw: CA Special Alert

To: "Michael R. Clements" <mrclem@telocity.com>,
Subject: RE: Fw: CA Special Alert
From: "Steve Kupper" <skupper@2xtreme.net>
Date: Fri, 10 Aug 2001 16:08:05 -0700
There is already a law where the police can put a roadblock and pull
everyone over.  I am sure some of us went through a few sobriety checks in
our lives.  If that passed.  This one will stand too.

and yes, i am against both.

steve

-----Original Message-----
From: owner-ba-autox@autox.team.net
[mailto:owner-ba-autox@autox.team.net]On Behalf Of Michael R. Clements
Sent: Friday, August 10, 2001 10:37 AM
To: John J. Stimson-III; jeff
Cc: ba-autox@autox.team.net
Subject: RE: Fw: CA Special Alert


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

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