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1stTimeCaller
12/24/2007, 01:42 PM
and wants to check the contents of my fuel tank do I have to let them?

If I'm leaving location is there any way they can pull me over to check my fuel tank?

I'm just curious as to whether or not I have to let them peek in the tank for any reason.

TIA

Turd_Ferguson
12/24/2007, 01:43 PM
and wants to check the contents of my fuel tank do I have to let them?

If I'm leaving location is there any way they can pull me over to check my fuel tank?

I'm just curious as to whether or not I have to let them peek in the tank for any reason.

TIA
They wanna make sure your not filling your truck up with the dyed fuel you guy's use in those big CAT's. I think.

Edit: Yes, I think they can, especially if your truck is company owned. I know a lot of farmers get busted at farm auctions. After the auction starts, OHP & DOT will go to the entrance and check everyone as they leave. It's a big fine from what I hear.

1stTimeCaller
12/24/2007, 01:50 PM
It's not a company vehicle. I was just wondering if they needed any kind of probable cause or if just pulling me over to check the fuel tank would be an unreasonable search and seizure.

Turd_Ferguson
12/24/2007, 01:58 PM
It's not a company vehicle. I was just wondering if they needed any kind of probable cause or if just pulling me over to check the fuel tank would be an unreasonable search and seizure.
Well, did you have dyed diesel in it? The tattle tail sign of pink residue running down the side doesn't help. I've seen that many of times. IMO, it falls under the same instance as stopping someone after they drive out of an apartment complex that's known for selling drugs. Did they have probable cause? I doubt it, but if they need to come up with something, I'm sure they can.

Okla-homey
12/24/2007, 01:59 PM
and wants to check the contents of my fuel tank do I have to let them?

If I'm leaving location is there any way they can pull me over to check my fuel tank?

I'm just curious as to whether or not I have to let them peek in the tank for any reason.

TIA

oooh-oooh, let me answer this! I just took Criminal Procedure - Police Practice.

In Oklahoma, the state Supremes just issued an opinion in Oklahoma v. Gomez that stands for the proposition that cops can search your car, if it is out on the public roadways, if they have probable cause to believe they will find contraband*

That settles the matter of whether Oklahoma cops have to have "exigent circumstances" plus probable cause to search your car without a warrant. In the wake of Oklahoma v. Gomez, they only need p/c. That ruling brings Oklahoma in line with most of the rest of the US, and federal decisions on the subject.

Now, a destructive test, like dropping your gas tank, cutting it open and looking inside, is probably not within their prerogative, even if they have probable cause to search your car. Note: Customs officers at the border can and do perform that sort of thing because the Court has ruled folks have a lessened expectation of privacy at the border.

Instead of dropping your tank and cutting it open, what they would do, is arrest you, then, after your car is impounded, they would get a warrant from a neutral magistrate to do a destructive search at the impound yard based on the cop's affadavit laying out why he believes your gas tank contains contraband.

However, if merely opening your fule filler door, or gas cap and taking a peek or sniff would reveal the presence of contraband, and that is what you're worried about, you could be in trouble IF a cop had p/c to believe it contained contraband.

Now, a related issue is under what grounds can they stop you. That's a really low threshold. All they have to have is a little more than a hunch that illegality is afoot. If they can articulate any reason for the stop beyond a hunch, it's probably a good stop. IOW, if he noted dribbles of the pink stuff around your fuel filler door, that's prolly grounds to stop you. Or, perhaps someone dimed you out and they have been waiting for you to emerge for the bust.

Once you're stopped, if they have reason to beleive you're running illegal fuel, it's game on, like Donkey Kong. Gas cap comes off, even if you protest.

Bottomline: Probable cause to search exists when an officer, relying on reasonably trustworthy information, has reason to believe an item subject to siezure is contained in the place to be searched. IOW, if a reasonable cop, not just one trying to hassle you, would have reason to believe your gas tank contained contraband, he could check it out over your objection -- and it would hold-up in court.

contraband (n): illegal items (like illicit drugs or dyed fuel) or instrumentalities, evidence, or fruits of a crime (dyed fuel also fits as "evidence" of a crime.)

colleyvillesooner
12/24/2007, 08:32 PM
Translation: Yes

Jerk
12/24/2007, 10:51 PM
Having the red diesel can damned near be a felony in some states.

It's the same as tax evasion (because that's what you're doing)

Odds you'll be pulled over are slim...but is it worth the risk?

1stTimeCaller
12/25/2007, 06:47 AM
OK after reading the responses it sounds like they can't pull me over just to look into my tank. I have a red truck so there is no way they could see pink or red fuel dribbling down the paint if there were dyed fuel in my tank.

Leaving a drilling location doesn't seem to be p/c to look into someones tank.

Anyhoo, I was asking because we had a DD get nailed for running dyed fuel in his truck and the Texas HiPos were looking for him. I don't know the whole story as HR and legal has told everyone involved not to say a word to anyone.

It just seemed weird that the law got involved. The DD must have not been getting along with the company man and the company man must have called the law when he caught the DD.

Dude lost a $200k+ job over $75 worth of fuel. I hope his truck had a lot of miles on it because I think the fine is based on the number of miles on your vehicle.

oilmud
12/25/2007, 08:02 AM
I've seen them show up on loc and check every diesel vehicle.

TheHumanAlphabet
12/25/2007, 08:57 AM
Okay, I'm an effing hillbillie, or perhaps a sheltered city-ite. What's the deal with dyed fuel? Av gas is dyed. I'm guessing its a tax deal, but who uses dyed fuel? TIA

Why would a guy lose his job over the use of dyed fuel, unless he stole it. Is it common practice to use dyed fuel? if "everyone" does it, then why did he lose his job, unless it was a larger fed/state issue for the company and not to want to get in trouble - deniability?

Turd_Ferguson
12/25/2007, 08:59 AM
Okay, I'm an effing hillbillie, or perhaps a sheltered city-ite. What's the deal with dyed fuel? Av gas is dyed. I'm guessing its a tax deal, but who uses dyed fuel? TIA

IIRC, it's the "For off road use only" fuel. Tax free I believe.

Okla-homey
12/25/2007, 09:01 AM
Okay, I'm an effing hillbillie, or perhaps a sheltered city-ite. What's the deal with dyed fuel? Av gas is dyed. I'm guessing its a tax deal, but who uses dyed fuel? TIA

methinks its a way of designating fuel for which the state motor fuels tax has not been paid. See, diesel that is used on the farm or in the oil patch is tax exempt. Problem is, if some dishonest and evile yahoo puts it in a private vehicle for driving on the highways and byways of OUr fair state, he is breaking the law, ripping off your fellow Oklahomans, hurting schoolchildren, and if convicted, deserves to suffer to the fullest extent of the law. So there.;)

TheHumanAlphabet
12/25/2007, 09:02 AM
IIRC, it's the "For off road use only" fuel. Tax free I believe.

So like farmers? Would a farmer get into trouble for filling his personal on the road vehicle with it? I seem to recall my relatives having 2 fuel tanks, perhaps that is why.

Turd_Ferguson
12/25/2007, 09:10 AM
So like farmers? Would a farmer get into trouble for filling his personal on the road vehicle with it? I seem to recall my relatives having 2 fuel tanks, perhaps that is why. Farmer's are the ones I've always heard of getting busted. In a previous post, I was saying that sometimes at farm auctions, once the auction gets started, the OHP and/or DOT will block the exit and check all of the farmers tanks when they leave.

1stTimeCaller
12/25/2007, 10:52 AM
I've heard that it (getting diesel from the rig) was a common practice in the 'good ole days' but with 24 roughnecks, a company man, mudlogger, mud engineer, 4 directional hands etc. that can be a lot of fuel being stolen.

I wouldn't want to run that fuel in my truck anyhow. It has a high sulfur content.

Homey, this guy was ripping of Texas and Looisiana. He's from the Bayou and was working in Texas. But I remember him driving a gasoline truck so I don't know why he would need diesel. There has to more to this story than I know of.

Okla-homey
12/25/2007, 12:04 PM
Homey, this guy was ripping of Texas and Looisiana. He's from the Bayou and was working in Texas.

oh, well in that case.

:les: LET-R-RIP!

Okla-homey
12/25/2007, 12:08 PM
So like farmers? Would a farmer get into trouble for filling his personal on the road vehicle with it? I seem to recall my relatives having 2 fuel tanks, perhaps that is why.

Most guys have two tanks to extend their range.

Besides, it would prolly look kinda shady to a po-po if a feller tried to tell the officer he was running on the highway on tank #1, filled with fuel from the Wal Marts, and tank #2 (which he never used on the road) was from his tank out on the farm. Kinda strains credulity to the proverbial snapping point IMHO.

47straight
12/25/2007, 12:13 PM
What' a DD, do they really make 200k+ a year, and how do I become one?

TIA. :)

1stTimeCaller
12/25/2007, 12:25 PM
Directional Driller.

They make that easily. Some probably closer to 300.

Roughneck for a few years, become a driller on a rig, do that a few years and then you should be good to go.

Or get a degree, work as an MWD for a few years and then become a DD.

You will work 25-28 days a month 12 hours a day living out of your 5th wheel trailer in some of the prettiest and remote parts of OK, TX, NM, KS and AR.

Okla-homey
12/25/2007, 12:31 PM
You will work 25-28 days a month 12 hours a day living out of your 5th wheel trailer in some of the prettiest and remote parts of OK, TX, NM, KS and AR.

as my dear departed old grandpappy used to say, "Boy, you gotta make hay while the sun shines."

Good luck, stay safe, use some of that time to improve your mind. To think about how many classics of great literature a feller might read while living that way. Kinda exciting IMHO.

BTW, a few guys I work with swear by those new high-tech electronic book dealios. Huge memory allows you to tote about a thousand books in one device. Apparently the screen is just like looking at a printed page. I hear you get 23,000 page turns on one battery charge on at least one of them.

Jerk
12/25/2007, 04:21 PM
THA - All diesel is dyed. But the only colors I've seen are red and green. This is why the diesel pumps at the gas station are green. The green has been taxed for highway use. The red has not, and thus is for farm/construction use, etc.

So, if you want to save a few bucks on your next road trip, just fill up the ol big rig with red diesel. But don't get caught.

soonerboomer93
12/25/2007, 06:06 PM
as my dear departed old grandpappy used to say, "Boy, you gotta make hay while the sun shines."

Good luck, stay safe, use some of that time to improve your mind. To think about how many classics of great literature a feller might read while living that way. Kinda exciting IMHO.

BTW, a few guys I work with swear by those new high-tech electronic book dealios. Huge memory allows you to tote about a thousand books in one device. Apparently the screen is just like looking at a printed page. I hear you get 23,000 page turns on one battery charge on at least one of them.

you do realize that "debbie does dallas" is a great literature classic to 1tc

:pop:

TheHumanAlphabet
12/26/2007, 01:14 AM
Most guys have two tanks to extend their range.

Besides, it would prolly look kinda shady to a po-po if a feller tried to tell the officer he was running on the highway on tank #1, filled with fuel from the Wal Marts, and tank #2 (which he never used on the road) was from his tank out on the farm. Kinda strains credulity to the proverbial snapping point IMHO.

Sorry, I didn't make my comment clear. They had 2 overhead (above ground) tanks to fill equipment and vehicles from. I didn't understand the difference in fuel at the time, today it makes sense. I also seem to think someone from the state of Wisconsin (where they had a dairy farm) would inspect the tanks from time to time.

TheHumanAlphabet
12/26/2007, 01:18 AM
THA - All diesel is dyed. But the only colors I've seen are red and green. This is why the diesel pumps at the gas station are green. The green has been taxed for highway use. The red has not, and thus is for farm/construction use, etc.

So, if you want to save a few bucks on your next road trip, just fill up the ol big rig with red diesel. But don't get caught.

Tells you how much I know about the marketing end of my business...I knew diesel had a green tinge to it, but didn't know that it was dyed. I just thought it was part of the refining/finishing process.

Mongo
12/26/2007, 01:27 AM
UPDATE:1TC gave the officer some beejayz and he let him go