Is this even legal? I didn't think the authorities could search your vehicle without probable cause.

 

i herd its not good for the motor ? and the injectors !

 

If you're bored here's some good reading from the good old PA state supreme court. Basically this guy was using red fuel in his truck and someone snitched. The revenuers came to inspect his tank and he refused. After it was all said and done they concluded that the dept of revenue can come on your property at any time and inspect any tank that may contain liquid fuels even without a warrant. Gotta love big brother.

http://www.courts.state.pa.us/OpPost...t/2926cd98.pdf

 

If you read the whole post you know it's the same stuff as it was said about 5 times at least, but it case you missed it, it the same stuff they drop in a red dye to mark the fuel as non roadtaxed

 

ok sorry for being a dum a$$

 

Amendment 4, U.S. Constitution:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Seems pretty clear to me... but then again, I'm not a government bureaucrat. Who is the "they" that concluded otherwise? Last time I checked, a local yokel (or a federal yokel for that matter) can't just declare the supreme law of the land to be inapplicable to a certain situation. How much longer are We The People going to take it? If they ain't got a warrant based on probable cause supported by an oath or affirmation and particularly describing what they're looking for and where, they ain't searchin' it. Not because I have anything to hide, but because they simply have no right to paw through my personal belongings. Period.

There's a reason why the Fourth Amendment is there, and there's a reason why it's followed up by the Fifth:

Amendment 5
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

There's also a reason why the above were both preceded by the SECOND AMENDMENT, and it was not to guarantee Grandpa the right to hunt squirrels.

 

Maybe since PA is a commonwealth they don't have to follow the constitution (j/k). Read it's in the judgment. I didn't make it up.

Section 9019(g) provides:
(1) Any revenue enforcement agent or other person
authorized by [DOR] may enter any place where fuels are
produced or stored and may physically inspect any tank,
reservoir or other container that can be used for the
production, storage or transportation of diesel fuel, diesel
fuel dyes or diesel fuel markers. Inspection may also be
made of any equipment used for or in connection with
the production, storage or transportation of diesel fuel,
diesel fuel dyes or diesel fuel markers. This includes any
equipment used for the dyeing or marking of diesel fuel.
Books, records and other documents may be inspected to
determine tax liability. An agent may detain a vehicle,
vessel or railroad tank car placed on a customer’s siding
for use or storage for the amount and composition of the
fuel. An agent may take and remove samples of diesel
fuel in reasonable quantities necessary to determine the
composition of the fuel.

 

I think a simple aapeal to any US Federal court would have solved the PA issue. I'm glad I live in TN.

 

"All laws which are repugnant to the Constitution are null and void."
Marbury vs. Madison 5 US (2 Cranch) 137, 174, 176, (1803)

This was the first (to my knowledge) of many, many cases throughout American history declaring this principle quite clearly.

 

i use to live in TN and i know 3 people that have been checked. one guy got busted with it in his big truck that he hauls his dozer and his pickup. they fined his *** and gave him 24 hr to have it changed. they came back the next day and checked again. somebody ratted on him. they drove to his work site which was off the road to check him. the other guy i know was driving a 1 ton dodge and the checked him...but his was a gas burner. then the last guy was running clean diesel.