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.
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.