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Indybay Feature

Fishbain Drops Civil Suit vs. CHP

by CLMP
Jason Fishbain has dropped his civil suit against the CHP for pulling him
over because he had an air freshner on his rear-view mirror.
Jason Fishbain has dropped his civil suit against the CHP for pulling him
over because he had an air freshner on his rear-view mirror. Fishbain said
the CHP's recent policy change recognizing medical marijuana was a factor in
his decision, since that was a secondary purpose of the suit. Fishbain won
an appeals court ruling in February 2003 (see
http://www.civilliberties.org/airfreshnerrule.htm) affirming that an air
freshner does not obstruct a driver's view, and therefore his stop was
unwarranted.

Fishbain advised others to file civil complaints immediately rather than
waiting for criminal proceedings, since statute of limitations
considerations were among those that lead him to drop his case. He thanked
Pebbles Trippet of the Medical Marijuana Patients Union in Mendocino and
attorney Joe Elford of Americans for Safe Access for their support and
assistance. See http://www.stophippieprofiling.org for more info.

Ellen Komp
Civil Liberties Monitoring Project
PO Box 544
Redway, CA 95560
707-923-4646
http://www.civilliberties.org

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