State v. Hahn

(concurring specialty)-

Because misunderstanding of our holding in the present action might hamper proper law enforcement by public officers of this state, I wish to concur specially and emphasize certain aspects of Justice Smith’s opinion. That opinion does not concern itself with either the validity— here unchallenged — of the statutes regulating excessive weight,1 or with the authority — also here unquestioned — of a law enforcement officer to employ reasonable means in order to discover whether those statutes are being violated.2,3 Justice Smith’s opinion decides only that the criminal…