All Diesel Vehicles Stopped!

[MTBirdhunter]

Today, September 1, 2016 the Montana carriers enforcement stopped all diesel vehicles coming out of Glasgow NW of town. I pulled over as instructed to do, the officer tried to hand me a green card, I refused, he then said he would dip my fuel tank, I asked what probable cause he had, he said state law gives him the right, or you face a $535 fine, basically guilty till you prove yourself innocent. I then contacted my legislative members, governors office, attorney generals office, and the Montana carriers enforcement office. John Brendan, my state senator, told me something interesting, he went thru a check in Shelby,MT, bringing up something curious, I spoke with a gentleman at carriers enforcement who said he was in charge of these checks, I asked when these checks started, he said 4-5 years ago, I then asked what towns, all were smaller towns , Billings, Bozeman, Butte, Missoula, Kalispell , GF and of course Helena were not on the list. First I believe the searches are unconstitutional to begin with, but then to target rural Montana?
And my tank was clear!

 

[MT_elk]

What were they looking for? Trying to find people using dyed farm diesel for highway use?

 

[shootbrownelk]

There's a reason why ranchers have diesel burning trucks....I know plenty who cheat.

 

[MTBirdhunter]

There's a reason why ranchers have diesel burning trucks....I know plenty who cheat.

I DON"T, but was treated as if I was guilty till I proved myself innocent, sad you do not see what is going on.

 

[Missoulaz28]

No different than a DUI check where they stop every car on a road and check. Or a game check station. It makes sense to run them where you would assume violations to be.

 

[Recurve62]

I know that in a number of states motorcycle only check points have been deemed illegal/unconstitutional by the courts, I do not see where diesel only check points would be any different.

 

[Northwoods Labs]

Not sure it is much different than a warden asking for a hunting/fishing license.

 

[sbhooper]

It is ridiculous crap, that is aimed at heavy fines for people that use tax-exempt fuel in their vehicles. If you use that diesel in your truck, then it has to be used only off-road on your ranch/farm etc. It would sure be interesting to see if the amount of money that they pay for the enforcement officers is anywhere close to the fines collected. I live in ag country and have never known anybody that got caught, or even used it.

It is a waste of tax-payer money to even do the checkpoints.

 

[BuzzH]

Today, September 1, 2016 the Montana carriers enforcement stopped all diesel vehicles coming out of Glasgow NW of town. I pulled over as instructed to do, the officer tried to hand me a green card, I refused, he then said he would dip my fuel tank, I asked what probable cause he had, he said state law gives him the right, or you face a $535 fine, basically guilty till you prove yourself innocent. I then contacted my legislative members, governors office, attorney generals office, and the Montana carriers enforcement office. John Brendan, my state senator, told me something interesting, he went thru a check in Shelby,MT, bringing up something curious, I spoke with a gentleman at carriers enforcement who said he was in charge of these checks, I asked when these checks started, he said 4-5 years ago, I then asked what towns, all were smaller towns , Billings, Bozeman, Butte, Missoula, Kalispell , GF and of course Helena were not on the list. First I believe the searches are unconstitutional to begin with, but then to target rural Montana?
And my tank was clear!

Not buying it...a friend of mine got pinched twice in Missoula for running dyed diesel. Second offense was harsh enough that he quit doing it.

He cried about his constitutional rights too...and I felt about as sorry for him as I do everyone else that cheats and gets caught.

Being how Montanans receive a chitload more money from the Feds than they pay in...the least they can do is pay the fuel taxes on the subsidized roads they drive on.

 

[Rancho Loco]

Dipping tanks has been going on for years. Not illegal search and seizure...

 

[MTBirdhunter]

So those that think this is proper, quick question for you....would it be ok for the police to search your cell phone records, all of them, listen in to conversations, drug dealers use cell phones, maybe your dealing drugs on the cell phone, maybe now you can understand my concern, I WAS INNOCENT OF ANY CRIME, yet, I need to prove my innocence, that is not constitutional. Elementary education in the U.S., YOU ARE INNOCENT TILL PROVEN GUILTY.

 

[Recurve62]

Just a little flame for this fire. PA also has stops looking for dyed fuel, they fine you if they catch you, owner or operator doesn't matter. Now, here's what really frosts my @$$, we have a very large Amish population, they have tractors for ag and use off road fuel. No problem with that until you see them towing a 14' trailer with a canvas bimini top and bus seats bolted in, hauling the wife, kids and neighbors to Walmart while D.O.T. looks the other way

 

[sneakypete]

It's been going on in Calif. for quite sometime here too. I was stopped going into a small town in the Central Valley! The CHP was very nice and cordial to me. I wasn't cheating so no sweat!

 

[u1299]

Like others said, wardens check our hunting licenses and I'm damn glad they do. What's the problem, I don't see one.

 

[Rancho Loco]

So those that think this is proper, quick question for you....would it be ok for the police to search your cell phone records, all of them, listen in to conversations, drug dealers use cell phones, maybe your dealing drugs on the cell phone, maybe now you can understand my concern, I WAS INNOCENT OF ANY CRIME, yet, I need to prove my innocence, that is not constitutional. Elementary education in the U.S., YOU ARE INNOCENT TILL PROVEN GUILTY.

Fight it. Let us know how it goes.

 

[MTGomer]

I'm not sure if dipping a tank is a 'search' and seizure or not. Maybe its classified the same as a dog walk around your car.


I've been stopped for speeding and asked if they could search my car for drugs. (I was young, in a crap car, in a different state)
I said no, and the officer said ' that's within your rights'
Got my $15 ticket and left.

That's how it should go.

Personally I think, a government that pulls people over to see the color of whats in their tank is wasting time and money of all of us.
When ALL the potholes filled, kids fed, vets cared for, and CPS is funded, get back to me.

 

[Ttannahill14]

So those that think this is proper, quick question for you....would it be ok for the police to search your cell phone records, all of them, listen in to conversations, drug dealers use cell phones, maybe your dealing drugs on the cell phone, maybe now you can understand my concern, I WAS INNOCENT OF ANY CRIME, yet, I need to prove my innocence, that is not constitutional. Elementary education in the U.S., YOU ARE INNOCENT TILL PROVEN GUILTY.

Totally okay with them spying on my cell phone. I'm pretty convinced they probably do it anyways. We live in an evil, crazy, fast, technological world, if they want to search my phone in order to search the bad guys phone which protects my family and I.... then check my phone all day long... I have nothing to hide.

In terms of the diesel, our farm trucks are clean. Check all you want. Nothing to hide.

 

[James Riley]

I'm not sure if dipping a tank is a 'search' and seizure or not. Maybe its classified the same as a dog walk around your car.


I've been stopped for speeding and asked if they could search my car for drugs. (I was young, in a crap car, in a different state)
I said no, and the officer said ' that's within your rights'
Got my $15 ticket and left.

That's how it should go.

I agree with that ^^^

Personally I think, a government that pulls people over to see the color of whats in their tank is wasting time and money of all of us.
When ALL the potholes filled, kids fed, vets cared for, and CPS is funded, get back to me.

If we got rid of all the loop holes and exemptions for special interests and people quit cheating on their taxes like this, then all that S would probably be paid for.

 

[James Riley]

Totally okay with them spying on my cell phone. I'm pretty convinced they probably do it anyways. We live in an evil, crazy, fast, technological world, if they want to search my phone in order to search the bad guys phone which protects my family and I.... then check my phone all day long... I have nothing to hide.

In terms of the diesel, our farm trucks are clean. Check all you want. Nothing to hide.

I think the ability to get away with crime *undetected* is an unfortunate but effective yard stick of freedom. I'd rather have criminals in the world than live in a world where crime was impossible. If crime is impossible, so is freedom.

 

[James Riley]

The issue around search and seizure is whether or not it is unreasonable.

I don't think they were treating the motorist as guilty until proven innocent. If that were the case, they would not have bothered to search before arrest. Quite the contrary, they were trying to prove guilt, not assume it.

I would not like it as a delay and an imposition. But life is full of S I don't like. I bet it's been litigated and found Constitutional. Maybe it has to do with a reasonable expectation of privacy. You've got that with a cell phone but not a gas tank. You can put private stuff in a cell phone. What private, yet legal stuff are you going to put in a gas tank? Especially while exercising a privilege, not a right, on the highway. It's probably like the requirement to blow on a DUI stop. You don't do it, fine, but you lose your licence. Consent is deemed to have been given when you get behind the wheel on a public road.