Cross-border smokes a no-no

FREMONT, IN (NEWSCHANNEL 3) - Back in 2004 Michigan raised taxes on cigarettes to $2 per pack.

Michigan smokers are paying the fourth highest taxes in the country and with the Indiana state line so close, many see a trip south as an opportunity to save.

We all remember when the taxes were raised, smokers said they would just go to Indiana to buy. What they didn't know is a law has been in place, even before taxes were raised, to prevent that from happening.

Exit 157 in Fremont, Indiana is busy. Every day cars are leaving the highway to hit a convenience store, a fireworks stand or a discount cigarette store.

Many of those drivers don't know they are potentially breaking Michigan law.

"I had no idea you couldn't bring cigarettes across state lines," said trucker Bob Pitman.

This week Marshall Fitzpatrick and his girlfriend were stopped by a special Michigan State Enforcement Team. They were given a warning for buying cigarettes in Indiana and the cigarettes were confiscated.

Fitzpatrick says he thought he could buy up to $50 worth legally. He says the savings in Indiana help him.

"That's $40 in groceries and $40 toward the electric bill, that's $40 toward whatever. When you put both of us together, that's $80 we've saved going toward our bills which helps us out," said Fitzpatrick.

The law allows you to buy a pack of cigarettes and bring it across the state line. The person in charge of the special enforcement team told Newschannel 3 that small stops like Fitspatrick's are never prosecuted, but the cigarettes are taken.

That's a tough pill for Fitzpatrick to swallow.

"I fought for this country. I put my life on the line for this country. I've been a firefighter for 14 years and I can't decide where I go and purchase cigarettes," Fitzpatrick asked.

The state will allow a person that has property seized the opportunity to have a hearing. You will just need to ask for a hearing within ten days and present why you think the cigarettes were unlawfully taken.

If you win, you get them back. If you don't, the state will destroy them.