Originally posted by: gentobu
I know a lawyer up in Ontario that could probably help you. Back when I was living in Canada, I got into a similar situation as you--that is the cops confiscated some so-called 'drug paraphernalia' from me without any real probable cause, which is BULLSHIT. Anyway, like you I decided to fight it. At first I got CONSTANTLY stonewalled by the police and even lawyers. Pretty much everyone I spoke to was telling me the same stupid shit the idiots in this thread are telling you "its your fault" "you're an idiot for smoking weed" "you deserve it". Fuck them dude. NONE of these assholes know jack shit about the law or about your situation. Legally EVERYTHING is situation dependent. The right lawyer can 'clarify' the situation to be in your favor legally. Now, I only had a *really* nice Hookah taken from me, but it was no where near the $700 your Volcano is worth, so I'm pretty sure you'll have a decent case. The pigs really aren't supposed to take 'big ticket' items like that without having some pretty substantial probable cause. I would recommend you look up the lawyer I got. It was about 15 years ago or so, and I can't remember exactly where he was located, but his name was R.M. Deveau or something very similar to that. He looked to be about in his 40s or so at the time so he's in his 50s now. Anyway dude, I seriously recommend that you contact him or the firm that he worked in because he got my Hookah back AND made fools out of the pigs that took it.
Edit: I also forgot to mention that that asshole LIED to you about being able to get your stuff back. That WILL prove useful in court. That is the EXACT SAME thing that happened to me and Deveau fucking destroyed the guy in court. It was fucking amazing. MAKE SURE you tell him exactly what the pig told you. He'll know what to do after that.
1) Using the Word "pig" does not make you look cool. It died out 30 years ago. Do NOT call cops pigs. There are plenty of good cops, and just because they took something does not make them a pig.
2) Probable fucking cause. Probable cause is when the police smells Mj smoke in the car, and in the same car, they fucking find a vaporizer that has Mj in it, admittedly even a small amount. Thats probable cause to assume that it was used to do drugs.
3)
"NONE of these assholes know jack shit about the law or about your situation."
Yes..yes we do. Mostley because we're reading the law as we sit at our computers. The internet is an amazing place isn't it? MJ is illegal to smoke without a medical reason. Even medically, there is a bunch of red tape. This is a clear cut case of illegality? And the situtation? He got caught doing pot in public, and got an expensive toy taken away. He's now pissed cause he thinks that it wasn't allowed, when under probable cause, its perfectly allowed.
3)
"The right lawyer can 'clarify' the situation to be in your favor legally"
So you are admitting that you did something illegal but a good lawyer can squirmed you out of it. lawyers can do anything we want thanks to the legal system. Hell, some lawyers could probably give a damn good argument over why gravity doesn't exist. "Judge my clinet may pushed him out of the plane at 17,000 feet, but he couldn't have known that he would fall to his death, cause Gravity doesn't exist!!"
4) Again, there is substantial probable cause. he even admitted there was still MJ in the car. That + the smell is plenty in court.
5)"I also forgot to mention that that asshole LIED to you about being able to get your stuff back. That WILL prove useful in court. That is the EXACT SAME thing that happened to me and Deveau fucking destroyed the guy in court. It was fucking amazing. MAKE SURE you tell him exactly what the pig told you. He'll know what to do after that. "
I REALLY want to know how it was used in court when you have no proof it was ever said. Unless it was recorded ( which I don't doubt to an extent) And even IF he lied about not being able to get it back, and even IF the lawyer destroyted the guy in court, I see no reason why you were able to get off. For all practical purposes that don't require a significant sum of money, its gone.