jamie, I hear you, I am only focusing on US law as I do not have any familiarity with the laws of other countries. You can buy bongs here legally as well (and hypodermic needles too) but that doesn't mean that given certain contexts, they can't be used against you.
EzekielCain wrote:Snozzle
Check the facts here, specifically the fruit of the poisonous tree doctrine.
http://www.nolo.com/lega...-criminal-law-30183.htmlThey CAN NOT enter on probable cause without a warrant and "see" something and then find something else as a result of "seeing" that something. Its very clear.
You are misunderstanding, fruit of the poisonous tree
only applies if the search was illegal to begin with (it deals with
derivatives of illegal evidence)...if you invite an officer into your house (or if an officer is talking to you at your door after you opened it of your own free will) without a warrant and he sees a bong on the table, he has probable cause. Fruit of the poisonous tree would apply to any and all 'evidence' collected if an officer entered your home without your permission or a warrant and executed an illegal search.
EzekielCain wrote:A bong is not illegal. A bong doesn't give grounds for search just by viewing it. People smoke tobacco mixed with fruit among other totally legal substances out of them...They could say they "smell pot" to gain entry but if searching turns up no pot at all guess what? Lawsuit time...
Again, I think you misunderstand. An officer does not need to have 100% incontrovertible evidence to claim (or actually believe) he has probable cause. All he has to do is have "a reasonable belief that a person has committed a crime". A bong qualifies, given the general context in which it is used. Again, there's plenty of case law that that shows this is the case in reality, regardless of what the bong might theoretically be used, or not used for.
In the case of wrongful arrest, yea, you could sue the officer or the police force, but do you have any idea what that costs or how long it drags on for? It's a rather arduous process and besides, my goal here is not to focus on what to do after you get arrested, it's to address how to avoid arrest/charges whether wrongful or otherwise. The scenario you described leaves the door open for all kinds of things that would be legally indefensible were the bong out of sight.
As to the analysis, if they LC/GC-MS your dirty paraphernalia (i.e. if they actually send it to their lab), they will see whatever substances are on it. If it's just street-level reagent tests, they are significantly more limited in scope.
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The OHTIn New York, we wrote the legal number on our arms in marker...To call a lawyer if we were arrested.
In Istanbul, People wrote their blood types on their arms. I hear in Egypt, They just write Their names.
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