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STATE v. BURNS

No. 1 CA-CR 3116.

121 Ariz. 471 (1979)

591 P.2d 563

STATE of Arizona, Appellee, v. David BURNS, Appellant.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied February 21, 1979.

Attorney(s) appearing for the Case

John A. LaSota, Jr., former Arizona Atty. Gen. by William J. Schafer, III, Chief Counsel, Crim. Div. and Barbara A. Jarrett, Asst. Atty. Gen., Phoenix, for appellee.

David Burns, in pro. per.

OPINION

OGG, Chief Judge.

Appellant challenges in this appeal the constitutionality of Arizona's automobile emissions inspection program, A.R.S. §§ 36-1771 to 36-1780, chiefly on grounds that it is an unlawful "search" which violates the interests protected by the Fourth Amendment of the United States Constitution.

In August 1976, appellant David Burns, without having first secured a certificate of inspection certifying that he had undergone...

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