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im grumpy

No, they don't give out tickets for illegal fireworks, they just confiscate it. Oh and it was also on Halloween night, so they get so many of those they just ask for your name and address and take the fireworks and leave.

It was a brand new lighter too...oh well.

 

im grumpy

[edit] well maybe they give out tickets, but only for larger amounts (like the people who smuggle them from states and then deal them), but I only had like 200 mighty mites and 20 bottle rockets[edit]

oops, quoted instead of edited...whatever you get the point.

Niteshift

Gotta disagree with the majority of you on this.

I can't say for certain the law in your area grumpy, but here, I would be able to take the lighter.

Why? Glad you asked.

Say you were 18 or older and had rolling papers. Perfectly legal item and I couldn't take them.

Now say you were 18 or older and I found you with rolling papers and 5 grams of pot. Guess what? Those perfectly legal rolling papers just got themselves involved as an instrumentality of the crime, so they'd be taken as well.

Still not clear? Try this.

Car. Perfectly legal to own.

Car used to flee the scene of a bank robbery. It gets confiscated because it was being used to commit or further a criminal act.

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30yr.toker

.....in other words, the lighters were used to help "commit or further a criminal act".(ie...light the firecrackers) Is that correct?

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MrIMStoned

That doesnt fly here in Canada. If he saw you using them to light the fireworks then yes a cop could take it but if not he couldnt. Police have to prove that it was used in the crime or as a part of the crime.

In the states it seems to work the opposite way, if you want your stuff back you have to prove that it wasnt used in the crime. Which is retarded. Guilty until proven innocent it would seem.

At least thats how it was explained to me by a michigan police officer.

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Niteshift

in other words, the lighters were used to help "commit or further a criminal act".(ie...light the firecrackers) Is that correct?

Yes.

It might sound dumb, but that is the principal and I only clarify that because so many people were posting, using words like "theft" and advising him to sue. There is no "theft" and there are no grounds for a lawsuit.


In the states it seems to work the opposite way, if you want your stuff back you have to prove that it wasnt used in the crime. Which is retarded. Guilty until proven innocent it would seem.

Guilty until proven innocent, or the reverse is a CRIMINAL COURT concept. Seizure of property is a CIVIL COURT matter. You're mixing apples and oranges.

im grumpy

Kinda offtopic, but do you take peoples lighters when you bust for weed, niteshift? and do most other cops do it? It seems like a pointless thing they do just to piss you off or be mean.

Niteshift

I generally don't take them from adults, but that's personal preference on my part. I've never honestly paid attention to whether or not other officers do it that much.

Skater dusto

Hey Niteshift, are you really a cop?

If so, it's awesome to see that there's a cop out there with atleast half a brain. We all know that busting dudes for weed is bogus(Not including big-time dealers) and that weed isn't as bad as people say it is. From the posts I've read it seems like you use your whole brain. Umm, that was a compliment too. Yeah.

Niteshift

Hey Niteshift, are you really a cop?

Yes.