mhardin wrote:
Lwiddis wrote:
I don’t agree that the CHP’s license stops are unconstitutional. What authority do you have other than a quote from the federal Constitution?
Vehicle Code Section 2400 (b) The commissioner shall enforce all laws regulating the operation of vehicles and the use of the highways except that, on ways or places to which Section 592 makes reference, the commissioner shall not be required to provide patrol or enforce any provisions of this code other than those provisions applicable to private property.
In 1979 the Supreme Court ruled in Delaware vs. Prouse that stopping a vehicle simply to check a driver's license violates the 4th Amendment.
There isn't an LEO in any of the 50 states that *can't* come up with a probable cause to stop a vehicle. First question - may I see your Driver's License please.
They do every day - and actually CA probably the least likely state to be stopped by the CHP (or other LEO) for something insignificant - unless it's on some rural road in the boondocks.
Unless it's rush hour/s - literally thousands of vehicles exceeding the posted speed limits on the freeways - often by 20mph or more.
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