Tennessee cracks down on cigarettes purchased from other states. What about the 4th amendment?

Question

Tenn has sent police to neighboring states to watch for tenn citizens to purchase cigarettes from out of state and bringing them back home.

http://www.knoxnews.com/news/2007/sep/27/cigarette-surveillance-program-begins-today/

When stopped at the border inside Tenn, would this not violate the driver's 4th amendment rights againt search and siezure? I would think that if you put the cigarettes in the trunk and refused consent to let the officer search the car, they [police]would need a warrant to search. Would the statement that another officer saw you walking out of a store in another state be sufficient to get a warrant?

( http://www.flexyourrights.com )

Answer 1

It would be legal. Just because the cop in the state watching is from another state, they are not exercising any jurisdiction until you hit the border. And it is legal because states have a right to charge taxes on whatever is sold. You can not legally buy things from one state and transport that to another without a tax exemption from the state you live in. For instance, I live in Washington but frequently travel to Idaho, which is only 12 miles away. If I were to purchase a car in Idaho, I have to register it in Washington and still pay the Washington state tax. The dealer selling the car should charge me the Idaho tax rate and I would be required to pony up to Washington the difference in the tax rate, in this case 8.6% verses 5% or 3.6% is what I would owe to Washington. Your 4th amendment rights are valuable in a federal case, but in the instance where you are violating a States right to tax, they do not come into play because of probable cause. Once you made the purchase and attempted to transport to another state you were in violation of a whole host of laws.

Answer 2

So a number of you druggies %. pot? good thank the Lord u.s. is crammed with pot heads! What might desire to your effectual uncle sam say? in case you does no longer have a function woman, it fairly is once you communicate which you do no longer look looking forward to a minimum of one and in the form you different woman have self belief pot is far less risky than unlawful immigrants, then you definately actual fairly are in for a marvel.

Answer 3

This is unbelievable. I live in Arizona and people go to Nevada to buy cigs because they are cheaper. The state of Tenn I guess is bored. They should be more concerned with inbreeding. Sounds like the people who voted on this law were all related. How Stupid !

Answer 4

If the officer observed the purchase he would have probable cause that a crime is being committed.