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Pissednbongless

Hey... im new to the posting game here... actually i made this account just to see if anyone online could help me... my roomate recently got accused of Breaking and Entering, the police got a warrant to search our home for the stolen items (none of which drug related) and the police didnt find **** to do with a B and E but they did find my bong collection... now the bongs werent on the warrant but they siezed them anywayz... they informed use we could get them back but if we claimed them we would be immediatly charged with possesion of paraphenalia (hoped i spelled that right)... now i was wondering if they could legally hold my bongs and if i could get them back without paying... Ok thanx for any info u can provide... Im also located in PEI canada so if the info was on Canadian laws it would be very helpfull... great and thanx again

 

Cownose

It might be better to talk to a lawyer about this. But, I think I would just leave it alone. The cops are ****ers and I would be worried about getting prosecuted.

Hiz Highness

They went in your place to investigate breaking and entering and just helped themselves to your bongs because they saw them?

Damn, that's cold!

-HH

Niteshift

This is based on US law, but from my understanding, the Canadian law is pretty similar in this case.

Just because something isn't listed on a warrant doesn't mean you are free and clear.

Let's think about it in a non-drug scenario. Say they had entered, looking for items related to the burglary and found a collection of child pornography laying in the living room. Would you expect them to walk out and leave it with you?

(no, I'm not comparing pot smoking with kiddie porn, so don't even go there).

They had a warrant to enter and search for the items from the burglary. If, in the course of searching in places those items could be found, they discover articles related to another crime, those items are considered in "plain view" since they (the police) were legally at the place.

The fact that they just confiscated them shows they weren't really interested in charging anyone.

The ONLY chance you really have is if the scope of the warrant was exceeded. What I mean by that is that if they were searching in a place where the items in the warrant couldn't possibly be, that is exceeding the scope.

Example: Say I have a warrant to search for a rifle. Looking in the closet is perfectly reasonable, a rifle could be in there. Looking in a shoe box isn't reasonable because there is no way a rifle could be in the shoe box.

But here is the catch (you knew there had to be one). For you to challenge it, you have to have legal standing to challenge it in the first place. That means you have to claim ownership of them in court. Even IF the judge agrees with you, as soon as you pick the property up, you are in possession of them and back to the crime of possession of paraphernalia. On top of that, you will have just testified, under oath, that you are the owner, which will become evidence against you. And the bongs will be put back into evidence..


Bottom line: There's no reasonable way to get them back. The bright side is that they didn't care to charge you in the first place.


BTW, I need to comment on the title.........Nothing was stolen. It was confiscated in accordance with existing laws. Theft is illegal, so it can't be in keeping with the laws.

The cops are ****ers and I would be worried about getting prosecuted.

If they were such ****ers and wanted to prosecute him so bad, they already could have. It sounds more like your statement is based on your personal bias than on reality.

__________________
A burning desire for social justice is never a substitute for knowing what you're talking about. -Thomas Sowell

Sometimes the light at the end of the tunnel is muzzle flash.

kuki420

just say they took your tobacco smoking paraphenilia..sounds stupid but should work...right?

 

Niteshift

just say they took your tobacco smoking paraphenilia..sounds stupid but should work...right?

Not if there is residue still in one of them.

thechronic

Sorry man but those pieces are gone. Time to get some new ones, hide 'em better, and get a new roommate!

On a semi-related tangent, why do people have "collections" of bongs? I've got a few pieces and I do change up when I get tired of them (mostly by giving them away to friends who've lost/broken theirs) but, I don't have enough to be considered anything close to a collection. Some of them do look cool but, they do get dirty with resin and they are a clue that you're toking. Plus, good pieces are expensive and if they get seized they may lead to charges or not be returned. I keep them pretty clean and hidden when not in use. I guess I'm probably overly paranoid but I've never been caught (knock on wood) and if I do get caught it won't be because I didn't try to be careful.

John Ashcroft

I used to work as a security guard at a steel mill. Every few months the local PD would come in with a big box of bongs, pipes, etc. confiscated from people and dump them in the molten steel to get rid of them. They did this with guns and knives too. What does this have to do with your thread? Nothing, I just thought I might let you know where they will probably end up.
I would always be real safety prick when they would come in; it was my job after all. I would make them sign in and out, wear safety glasses, hard hats, and ear plugs. If they didn't I wouldn't let them through the gate. It's nice to be able to order cops around even if it is over stupid stuff like safety glasses. But it was OSHA guidelines. Also I was usually high when they came in too. I wish I didn't quit that job.

Ilove#

uuuuhhh, yeah officer, you can just hand me that box, I'll dispose of them real good for ya....

Niteshift

It's nice to be able to order cops around even if it is over stupid stuff like safety glasses.

Isn't that funny........so many here are quick to complain about a cop "abusing his power" or ordering them around, yet you found amusement in doing the same thing.

Guess pot smokers aren't immune to human frailities either, huh?