llegalty of CA SMOG checkpoints

[Tacit Blue]

We all know that DUI checkpoints are upheld by the SCOTUS in the famous case of Michgan Vs. Sitiz. I can't seem to find any rulings on anything pretaining to Smog checkpoints? If that is the case, wouldn't CA in violation of the 4th amendment ? Upon the fact that they do not have any probable cause to do so?

I'm simply looking for information here, in a civil manner.

Thanks

[TURNKEY13]

Only "check points" ive seen are the temporary pass by monitor stations set up on freeway on-ramps. If the readings are over the limit, they snap pic of your license plate and send you a manditory test order in the mail. Thus the PC for the test.

[Scuba951]

Only "check points" ive seen are the temporary pass by monitor stations set up on freeway on-ramps. If the readings are over the limit, they snap pic of your license plate and send you a manditory test order in the mail. Thus the PC for the test.

There have been a few threads here about actual mobile smog testing stations set up at check points similar to a DUI checkpoint. They call it random testing and such.

[waawaaweenie]

they used to have pop up check points like DUI check points back in the 70's from what I can remember

[ls2monaro]

Every one I have seen is voluntary although they won't advertise it. The ones I have gone through I just say no thank you I'm running late for work.

[Maltese Falcon]

Yes, you can decline. They will probably make you pull over to show their upsetness with standing up to them.

Section 4.3 of BAR Manual
.

[CaptMike]

interesting information

[CBR_rider]

I've never actually seen one of these in action..

[Tacit Blue]

I've never actually seen one of these in action..

I have, they had local police and CHP with his traffic advisor on. They had cones set up and the portable smog sniffer dyno.

[CBR_rider]

I have, they had local police and CHP with his traffic advisor on. They had cones set up and the portable smog sniffer dyno.

I know one of the head honchos at my local field office, I'll have to shoot him a call one of these days and go check one out just to satisfy my curiosity.

[Falstaff]

I passed one recently. I wasnt asked to stop, the chippy just waved me through. They are strictly voluntary. Did some research and found that after a long funding hiatus, this CARB program is back in full swing.

[haodoken]

You need to find a CHP officer who will discuss this. Most LEOs won't know anything about this.

[code_blue]

Rosevile area has these.

[TrailerparkTrash]

Yes, you can decline. They will probably make you pull over to show their upsetness with standing up to them.

Section 4.3 of BAR Manual
.

Thanks for the BAR manual Maltese!

I read it and Yes it clearly states that these smog check stations are strictly voluntary. Why anyone would allow representatives of the government to snoop into someone's car without cause, is beyond me. I would politely say, "pound sand!" . I'm sick of these smog nazis in the state we all live in.

Here is what I don't like as it troubles me, as written in the BAR manual. Page 5, second to the last paragraph:

"...If the driver refuses, the vehicle is released and another vehicle is quickly directed into the test lane. The license plate numbers of vehicles whose operators decline to participate in the Roadside Inspection Program are recorded and entered into a laptop computer for later analysis."

It's the "Later Analysis" which chaps my hide. Just another shred of proof that we "subjects" here in America are being forced more and more into George Orwell's "1984" societal model.

[cantcme]

Trailerpark is afraid they will smog his mobile home. I don't like the traffic jams they cause.