Do they have the right?

I was on my may to pick up my daughter, and I was gestured over to the side by a police officer. They told me they were doing a random smog check. I asked if I had the choice to partake in this event and the gentleman said no. I just had my car smogged for registration so it only took a few minutes to go through the process, but my question is if I had to legally go through it at all. Isn't that stopping free traffic or something like that. I was under the impression that this sort of thing was not legal. Am I misinformed or were my rights infringed upon? Now, the cop still had a gun, so I did it what force dictated, but would peaceful protest of such events be legal, or even effective?
Thanks in advance if I don't reply to you personally.

Also if you have been through the same thing, and just want to vent, post your story. Legal or not, sometimes it feels good to get it off your chest. Confession sooths the soul. So tell it.
Any legal advice would be greatly appreciated.

By the way, I'm in Fresno Ca, U.S.A. if it matters to anyone but the feds.
[edit on 7-4-2010 by eazyriderl_l]

[edit on 7-4-2010 by eazyriderl_l]

This is something more than likely passed by your state.

There is nothing in the constitution that prohibits officals from checking for code enforcement in public places, so that comes down to the state.

I am assuming the test was done on the exterior of the car...the interior of the car would be your choice unless they had a warrant as then it becomes a search...and that you are protected against federally.

reply to post by eazyriderl_l


Although it is damn near impossible to get a bill of sale for a purchased automobile, as dealerships will send that bill of sale directly to your DMV, the point of law on this issue is that you still voluntarily went into your DMV and applied for a license and registration of that vehicle. They have the bill of sale to that vehicle and you have a title proving the vehicle is registered, but that title is not proof of ownership, the bill of sale is, and who has it?

By voluntarily applying for license and registration you have "waived" your fundamental rights and agreed to play by the rules of the club you joined, being the "legally" licensed drivers club. This contractual agreement between you and the administrative agency you contracted with, is the legal manner by which your state and local police can now circumvent Constitutional rights, since you "waived" them all ready. It should be noted that while there are some who will argue that The Federal Constitution does not apply to states, this is only true because each state has a constitution of their own, and I am willing to bet that if you read the constitution to your state you will discover that you do indeed have the right to due process of law and to travel freely, but the point is moot since you've joined the DMV club.

I actually thought it was a Condition of your License to obey any Law Officers Directions?

I'm in a different country to you. I think this applies to most Countries.. We don't have Smog Checks here, well, not where I am. Down south I think they do..

I think the trouble is, we have so many Laws and Regulations it's so hard to keep up with them all. Not only that, half the Laws and Regulations defy common sense.

Take the Grandmother who got Fined for selling a Gold Fish to an Underage Kid. She was actually Set Up by her local Council.. That defy's Logic..

news.yahoo.com...

[edit on 7-4-2010 by Damian-007]

What did this smog check entail? I've never heard of such a thing. It seems like a HUGE waste of the officers
time to be doing smog patrol. If you have obviously loud or custom pipes, then I would understand but I doubt you do. You can't get tabs if you don't pass the test (where it matters) so why the random check?

Were they stopping other cars or was it just you? It almost sounds like they found you suspicious and used it as an excuse.

Driving a vehicle is not a right, it is a privilege and you have certain requirements but this just seems ludicrous.

I think any sort of protest (aside from what the heck, I don't want to have my time wasted) would have been a gross overreaction to the situation.

I'm fairly pro cop but I'm also pro citizen and not wasting time and money on ridiculous projects.

I don't know where the money is going, but one thing is obvious, THEY ( whoever they may be ) NEED MONEY. It seems every law and every effort is being made to find a new way to drain the pocket books of every citizen in any way possible. It is sickening....

No, they don't have the right. But, the are above the law, because...



they are the GREEN POLICE

Thanks for posting. This is very interesting to me. In my state we have our vehicles checked every two years in order to renew registration and tags. Unless I'm missing something, this type of check seems unneeded.

Did the officer ask for identification, registration, or proof of insurance? Did he ask for access to the cars interior?

Did you feel singled out in any way?

Thanks everyone for the replies. First... scenario.. I was gestured to pull over by a policeman in the center divider. Then city workers asked if I had a check engine light on. I said no, because I just smogged my car( yes, redundant burlysoft) less than a month ago. I don't feel more picked out than any other, but was thinking it wasn't legal( legal or not it is not right). Thanks SaturnFX I should look that up as it pays to know the laws before you bi#@h about them. I understand the ownership of the car as a contract law and such, but random stops of citizens*(if we are citizens, not subjects) seems to be so gestapo.

Thanks again for the replies

reply to post by eazyriderl_l


I like your assertion that legal or not, it's just not right it's a case of might makes right. Sorry for the inconvenience, please leave your keys as you enter the chamber.

gj

Now, if you were not in your vehicle at the time and the police did something like this, if you asked, am I being detained and they stated no, then commenced to harassing you more, that would be unlawful detainment.

But since you a "person" were duly "operating" a "commercial" vehicle under said DMV statutes, they have every right in the "book" to do as they please.

But, if you could prove they singled you out in regards to the stop, some case could be said you were profiled instead of it being a random or situational stop, such as a checkpoint.

I left Fresno because of their draconian checkpoints. How would you like to hit one of those every couple days and get stuck sitting in traffic for a couple hours due to the checkpoints.

Back in the USSR er I mean USSA-gratuitous video required here-