Got my Volcano seized

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McCartney

Senior member
Mar 8, 2007
388
0
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Hi guys,
I need some legal advice for the process in receiving seized merchandise back because I feel it was power abuse.
I am from Edmonton, Canada so any lawyers who know what to do, their advice would be greatly appreciated:

So earlier today (June 7th 2008) we?re chilling in my buddy?s SUV.
We were parked on private property unknowingly and we were sitting in the jeep lighting up some marijuana In my Vaporizer called a Volcano.
So as we?re doing it we are inflating a bag full of marijuana and air, and all of a sudden some cops pull up in front of us and start asking us questions.
Obviously they smell the marijuana and start asking us for Drivers licenses.. so we all give them except 2 people. The fucking driver forgot his and a passenger forgot his?
So the driver gets taken into the police car and asked all these questions. Obviously he cut some sort of stupid ass deal where they asked him to search his car and he said OKAY without any reason?
So then there are 4 guys in the car, me and 3 others. While the driver is in the cop car we?re all asked to stand outside the car with our hands out of our pockets until some other things are done.
So after they look at stuff in my buddy?s jeep they look at my vaporizer box and a start asking me what I use it for etc etc.
The paraphernalia in the box was for my vaporizer which is legal to own and use in Canada. They at first said nothing much, just asking how it works and stuff and I had no problem.
So later on they say they can give us a few tickets, which consist of:
1. Trespassing
2. Smoking Marijuana
3. Driving without a license (my buddy)

And since we were being so ?cooperative?, we would only get a trespassing ticket and no other charges? But I?m pissed because that?s a 700 dollar vaporizer.
I ask the police what becomes of my vaporizer and they said it?s seized and ?that?s that? and I asked them how I get it back, 2 of the idiots responded:
?you can?t get it back, it?s over?
And another guy gets mad at me when I ask a cop for his card for future reference so I can have someone to refer to as I?m fighting the case.
He?s like ?Look guy, it?s over, you were caught smoking with it and you can?t get it back?. And I just walked back to my buddy?s car.
They said their case for keeping my vaporizer is because it was used for smoking that marijuana at the time and I told them that I use it for my asthma to smoke eucalyptus during the day (obvious lie) and they said that since they caught me with it that they?re keeping it. Keep in mind they never caught us inhaling from the bag or using it, they just found a full bag NOT connected to the volcano full of weed and the volcano was disassembled sitting in the case.
So after we leave I call the guy?s number on the card and I miraculously get in touch with the guys that took my stuff when I talk to the ?corrections department? of the Edmonton Garrison Military Police. The guy that picks up is the dick and he?s like ?look you aren?t getting it back it?s evidence, what do you think I?m gonna use it?? And I told him no.
I then asked him why he lied to me about not giving me a total procedure to get it back, and he had no answer. Instead he deferred my question and gave me the above statement of having the bag full of marijuana? Like I said though the thing wasn?t on or being used at the time it was just one of the bags being full.
When I asked him why he didn?t give me other tickets, since I was suspicious of them giving me a trespassing ticket and keeping my vaporizer, and he said he let me go easy because we were being cooperative and I still asked him how he?s going to log in my vaporizer as evidence with a trespassing ticket since I was very suspicious. Since I was actively pushing the gas and pressuring him I think he realized he had to check it in since the dispatch lady I spoke with caught wind of the whole situation and assured me it?d be checked into evidence. The call with the officer that seized my stuff ended with him saying ?he keeps fucking babbling? while he was hanging up while I heard another say ?tell him to talk to the Sergeant? and then I heard a click. The female dispatch officer also told me that I have to speak with a Sergeant on Monday to get the whole situation sorted out because I called back again and asked her how to do it.
I'd like to make sure you guys know that I wasn't seen smoking from the bag, or using vaporizer to fill the big. ALl they saw was the full bag of marijuana that wasn't attached to the vaporizer. It was fully disassembled when they saw us and they did NOT see us use it, and in the little chamber there was LESS than a gram. Any rules in Canadian constitution that would say they can't confiscate it? I know edmonton police wouldn't since I called them and asked them.

How do I get this shit fixed man? It stinks of power abuse.
 

Evadman

Administrator Emeritus<br>Elite Member
Feb 18, 2001
30,990
5
81
What are you, 12? You smoked, you got busted, you lose. Welcome to real life.
 

McCartney

Senior member
Mar 8, 2007
388
0
76
I wasn't in public.
We were on a dirt road in my friend's SUV.
I'm 20, and in Canada it's not as big of an offense as it is in USA>
Plus they have to a legit platform to take away a 700 dollar machine.
 

AccruedExpenditure

Diamond Member
May 12, 2001
6,960
7
81
Originally posted by: McCartney
I wasn't in public.
We were on a dirt road in my friend's SUV.
I'm 20, and in Canada it's not as big of an offense as it is in USA>
Plus they have to a legit platform to take away a 700 dollar machine.

Yes. They do. You're done.
 

gorcorps

aka Brandon
Jul 18, 2004
30,740
452
126
Power abuse? Not sure how things go down in Canada (eh) but you're lucky you got off with just a trespassing ticket. I would have expected something for possession and driving under the influence (for the driver). How can you possibly expect to get this back? It's not power abuse at all, they were pretty easy on you. Did the big mean police man take your wittle vaporizer? Man up you little bitch it's time you learned a lesson.
 

McCartney

Senior member
Mar 8, 2007
388
0
76
They told me I can't get it back.
That's bullshit.
If you guys aren't lawyers and you're giving advice like you are then I"m sorry this is epic fail.
You guys shouldn't be using your social compass to judge me.
I volunteer 40 hours at a Palliative care Facility in my city,
I am a Computational Physics University student
And I'm a upstanding citizen of society.
I don't bitch and moan about tickets, I openly accept them. However when you confiscate a device that wasn't being used or proof of being used infront of the officer that sets off flags.
Please if you don't have legal advice save your moral posts and send em to my PM box.
 

Kadarin

Lifer
Nov 23, 2001
44,303
15
81
I'm guessing your only real choice here is to consult an actual lawyer about this.
 

RapidSnail

Diamond Member
Apr 28, 2006
4,258
0
0
Originally posted by: McCartney
How do I get this shit fixed man? It stinks of power abuse.

I don't really give a sh*t if people smoke mary jane or do other recreational drugs. However, the law says that certain of these drugs, including MJ, are banned for use. If you wish to do these drugs you have to accept the reality of possibly getting caught. That you were in the wrong place at the wrong time does not give you the right to claim "power abuse." The law does not judge subjectively, but objectively, so accept responsibility for what you did even though it wasn't treason.

And by the way, you do sound like a whiny bitch in your post.
 

gorcorps

aka Brandon
Jul 18, 2004
30,740
452
126
Originally posted by: McCartney
They told me I can't get it back.
That's bullshit.
If you guys aren't lawyers and you're giving advice like you are then I"m sorry this is epic fail.
You guys shouldn't be using your social compass to judge me.
I volunteer 40 hours at a Palliative care Facility in my city,
I am a Computational Physics University student
And I'm a upstanding citizen of society.
I don't bitch and moan about tickets, I openly accept them. However when you confiscate a device that wasn't being used or proof of being used infront of the officer that sets off flags.
Please if you don't have legal advice save your moral posts and send em to my PM box.

Whatever helps you sleep at night pal. I don't think marijuana is that bad, but I DO think you're a friggin fool if you think you didn't deserve to get your stuff confiscated. I know for a FACT that you will not be getting your stuff back, because it's your word against the cop. And since they caught you smoking red handed, your word won't mean a damn thing. Cram that in your volcano and smoke it... oh wait... YOU CAN'T! AHAHAHAHA! roflcopter
 

AccruedExpenditure

Diamond Member
May 12, 2001
6,960
7
81
Originally posted by: McCartney
They told me I can't get it back.
That's bullshit.
If you guys aren't lawyers and you're giving advice like you are then I"m sorry this is epic fail.
You guys shouldn't be using your social compass to judge me.
I volunteer 40 hours at a Palliative care Facility in my city,
I am a Computational Physics University student
And I'm a upstanding citizen of society.
I don't bitch and moan about tickets, I openly accept them. However when you confiscate a device that wasn't being used or proof of being used infront of the officer that sets off flags.
Please if you don't have legal advice save your moral posts and send em to my PM box.

You're the one who came to a public off-topic forum for 'legal advice.'
 

Sumguy

Golden Member
Jun 2, 2007
1,409
0
0
I have a feeling this thread is going to be fun.

Oh, and I would be happy if I were you that they actually let you off easy. Cops over here would have a fucking field day with that.
 

AccruedExpenditure

Diamond Member
May 12, 2001
6,960
7
81
Originally posted by: gorcorps
Originally posted by: McCartney
They told me I can't get it back.
That's bullshit.
If you guys aren't lawyers and you're giving advice like you are then I"m sorry this is epic fail.
You guys shouldn't be using your social compass to judge me.
I volunteer 40 hours at a Palliative care Facility in my city,
I am a Computational Physics University student
And I'm a upstanding citizen of society.
I don't bitch and moan about tickets, I openly accept them. However when you confiscate a device that wasn't being used or proof of being used infront of the officer that sets off flags.
Please if you don't have legal advice save your moral posts and send em to my PM box.

Whatever helps you sleep at night pal. I don't think marijuana is that bad, but I DO think you're a friggin fool if you think you didn't deserve to get your stuff confiscated. I know for a FACT that you will not be getting your stuff back, because it's your word against the cop. And since they caught you smoking red handed, your word won't mean a damn thing. Cram that in your volcano and smoke it... oh wait... YOU CAN'T! AHAHAHAHA! roflcopter

:thumbsup::thumbsup::thumbsup:
 

McCartney

Senior member
Mar 8, 2007
388
0
76
Err.
There were joints which were what was being used at the time.
We hadn't engaged in use of the Volcano, so I don't see how they have a right to take it.
It's openly available for sale and use.
Drug Paraphernalia sale and use is LEGAL here.
 

biggestmuff

Diamond Member
Mar 20, 2001
8,201
2
0
If you can afford a $700 bong, then you can afford to buy another one. If you can't afford to buy another one, then you shouldn't have bought one in the first place.
 

AccruedExpenditure

Diamond Member
May 12, 2001
6,960
7
81
Originally posted by: McCartney
Err.
There were joints which were what was being used at the time.
We hadn't engaged in use of the Volcano, so I don't see how they have a right to take it.
It's openly available for sale and use.
Drug Paraphernalia sale and use is LEGAL here.

Whether or not 'he had the right' to take it he has it now and you're not getting it back.
-AE
 

McCartney

Senior member
Mar 8, 2007
388
0
76
I want the one I had back, that's why I'm willing to spend the cost of the bong on it because I'm sentimentally attached to it.
There is nothing that can replace memories with a material item that has scars which hold memories. Good ones too.
 

mugs

Lifer
Apr 29, 2003
48,924
45
91
Justice is blind, not stupid. When you are caught with drugs and a device that is often associated with drugs, that device is considered to be drug paraphernalia. Here in the US some convenience stores sell little glass tubes with small fake flowers in them. Perfectly legitimate as sold, but if you get caught with one of these things and some crack cocaine, that little glass tube is obviously a crack pipe.
 

BoomerD

No Lifer
Feb 26, 2006
63,536
11,844
136
Originally posted by: McCartney
They told me I can't get it back.
That's bullshit.
If you guys aren't lawyers and you're giving advice like you are then I"m sorry this is epic fail.
You guys shouldn't be using your social compass to judge me.
I volunteer 40 hours at a Palliative care Facility in my city,
I am a Computational Physics University student
Who gives a fuck...you're a drug user and a criminal.


Originally posted by: McCartney
And I'm a upstanding citizen of society.


Ummm, not anymore...drug users do not qualify as "upstanding citizens."


Originally posted by: McCartney
I don't bitch and moan about tickets, I openly accept them. However when you confiscate a device that wasn't being used or proof of being used infront of the officer that sets off flags.
Please if you don't have legal advice save your moral posts and send em to my PM box.

All they have to do it run chemical analysis on any residue in the smoking device and you're busted for drug paraphenalia and even posession.

Granted, most of us in the US don't know Canadian dope laws, but IMO, a doper is a doper, and hopefully, the local version of an Attorney General will opt to charge you with the maximum allowed under Canadian law for the posession of such tools and maybe even stretch it to criminal trespass since you were engaging in illegal activities...

THAT'LL do wonders for your future career.

 

McCartney

Senior member
Mar 8, 2007
388
0
76
In Canadian law there is a legal procedure to get back seized items.
I dunno how it works in Canada.
The cop told me there isn't a way. Why does he lie ? I have no idea.
It's not the money it's the principle that these cops think they can do this to whoever they want.
 
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