There is no way in hell I'd do this if my intake was installed and functioning properly. Are you giving tickets for intakes?
No, i'm not but i'm just stating what an Officer recommended.
He could have had a 50 states legal AEM intake and could get off.
Those are Carb(Smog) legal for all 50 states mainly Cali. That doesnt mean an Emissions station machine wont fail your car. If you've altered the emissions system then they can give you a ticket, i'm not 100% sure but i think changing your intake is altering it. Thats like saying you have a Apexi 50-state legal exhaust...that doesnt matter it's aftermarket and produces a different sound note, your gonna get a ticket if it's not OEM. I can go put a Ford Motorsports Exhaust on and get away with it being louder since it's stamped Ford Motor Co.