Can Probable Cause doctrine be relaxed for Game Wardens performing investigative ATV stops on public lands?

Question

Stopped by a game warden, on my ATV, on public lands. Cited for failure to register or decal an ATV. Under Montana law, drivers must "dispaly in a conspicuous place a decal" to operate an ATV on open/state lands (MCA, 23-2-804). My position is that the Game Warden initiated the stop without particularized suspision or probable cause.

The officer approached me from the left side, traveling directly at me, on a dirt road. As I approached at 15-20 miles per hour he slowly stopped his ATV. As I tried to pass him he motioned with his hand to stop. I stopped. After inspecting my ATV he he determined that I didn't display a decal or register the ATV. Midearmenor offense punishable by a max $50 dollar fine.

In my research I have been unable to find Montana case law dealing with Game Wardens on Public lands initiating ATV stops without probable cause. Should I pay the 50 or play with it? Any input on this issue from the legal community?

Answer 1

They don't have to have "probable cause" to do such stops. They can stop you, so long as they do it in a non-discriminatory manner (like stopping every Yellow car). Montana law may not individually address this particular situation, but federal law certainly does. I suggest you just pay the fine and plead guilty.