CARB to begin monitoring smog tests via biometrics and web cam.

[ZenkiKid]

https://imgur.com/a/onc9jO8


Sorry, imgur doesnt wanna work with the img imbedding option here. But yeah, this message has been floating around social media the past couple of days.

[mav1178]

https://www.49dollarmontanaregistere...e-registration

[collegekid]

*ears perk up*
Fourth amendment Lawsuit time?

[mav1178]

Originally Posted by collegekid

*ears perk up*
Fourth amendment Lawsuit time?

just waiting for someone to sue, but we'll see where it goes:

https://www.npr.org/2022/08/25/11193...ate-university

[ZenkiKid]

I realistically expect a push back on this. I agree this may infringe on the 4th amendment

[collegekid]

Originally Posted by mav1178

just waiting for someone to sue, but we'll see where it goes:

https://www.npr.org/2022/08/25/11193...ate-university

That last paragraph really sets the stage.


From the article
"Rooms scans go where people otherwise would not, at least not without a warrant or an invitation. Nor does it follow that room scans are not searches because the technology is 'in general public use,'" Judge Calabrese said.

Few ways you can argue that off the top of my head:

1. If I was an inspection station, the cameras access areas that are not permitted to the general public. I don't allow anyone in the inspection room besides the tech/inspector performing the test. No one is allowed there without a warrant or an invitation (I never give out invitations as a result of my business insurance policy or whatever)

2. If I was an owner of a vehicle I'd say that I only gave permission to the shop to perform this inspection on my vehicle. I did not provide consent to the 3rd party camera operators to look at my vehicle in a manner that is no different than if it were parked on the street. You could also argue that the cameras during the inspection behave in a similar way of having cameras during a gynecologist appointment.


California could respond by changing the parameters of the smog inspection itself, but they'd be facing the same challenges. I'm REALLY curious to see how this plays out.

Shit, I may just buy property in Cali just so I can jump in on the class action lawsuit that's coming.

[mav1178]

Originally Posted by collegekid

2. If I was an owner of a vehicle I'd say that I only gave permission to the shop to perform this inspection on my vehicle. I did not provide consent to the 3rd party camera operators to look at my vehicle in a manner that is no different than if it were parked on the street. You could also argue that the cameras during the inspection behave in a similar way of having cameras during a gynecologist appointment.

I think the smog things they are cracking down on are whether the vehicle having smog done matches the information submitted.

You know, the "I know a smog guy" type of places where you never have to show up...

[StorminMatt]

If this is true, it has a definite upside. Legislation such as this may threaten the whole smog check program by encouraging smog shops to stop doing tests. If shops start to either stop doing tests or close altogether to the point that it becomes difficult to impossible to get smog checks, California is going to be faced with some hard choices.