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Thread: Unlawful possession of a syringe...

  1. #1
    Jh04050 is offline Junior Member
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    Unlawful possession of a syringe...

    Ok, I was charged with Unlawful possession of a syringe a Class D Felony in Putnam County Indiana. Here is the deal, I was at wal-mart with a friend of mine and he was arrested for huffing compressed air in the middle of the store after he passed out while he was doing it. I wasn't doing it with him and ran over to him after I saw him falling down to try and help him back up, well I was arrested with him and charged with the same thing as him (conversion and inhaling toxic vapors) These charges I am not worried about because I wasn't doing it with him and the camera evidence will show this. But while I was sitting on a bench in wal-mart waiting on the police to show up I had a syringe in my pocket I cut a hole in the bottom of my pocket and put it through the hole so it fell on the ground and I stood on it while waiting on the police to show up.

    Well, after being searched they didn't find it. But some time after one of the wal-mart employees found it and it was given to the police and they brought it to the station and questioned me about it. I denied it being mine and they told me they were sending it off to be checked for prints. About 2 weeks later I received a letter in the mail updating my charges. They had added possession of a syringe onto my charges. Now here is my question. Although it was a syringe I had removed the needle from it entirely and used it more like an eye dropper or baster to administer drugs anally. Since it didn't have a needle in it is it still considered a syringe by law is my question. It was always my understanding that a syringe was technically supposed to be able to administer drugs IV. Any help would be greatly appreciated.

    TL;DR I was charged with possession of a syringe, but said syringe had the needle entirely removed from it. Can I still be charged for this?
  2. #2
    xylene is offline Senior Member
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    You need a lawyer

    You need to stop doing crystal meth.
  3. #3
    justalayman is offline Senior Member
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    wikipedia has a nice definition:

    A syringe is a simple pump consisting of a plunger that fits tightly in a tube. The plunger can be pulled and pushed along inside a cylindrical tube (called a barrel), allowing the syringe to take in and expel a liquid or gas through an orifice at the open end of the tube. The open end of the syringe may be fitted with a hypodermic needle, a nozzle, or tubing to help direct the flow into and out of the barrel. Syringes are often used to administer injections, insert intravenous drugs into the bloodstream, apply compounds such as glue or lubricant, and measure liquids.
    the syringe is the pump unit. The needle, nozzle, or tubing is installed onto the syringe.


    It was always my understanding that a syringe was technically supposed to be able to administer drugs IV. Any help would be greatly appreciated.
    Unless you can find that definition within the Indiana Code, the common definition (like posted above) is what it is.

    Is this the statute charged:

    IC 16-42-19-18
    Legend drug injection devices
    Sec. 18. A person may not possess or have under control with intent to violate this chapter a hypodermic syringe or needle or an instrument adapted for the use of a legend drug by injection in a human being.
    As added by P.L.2-1993, SEC.25.
    Last edited by justalayman; 09-09-2012 at 10:25 PM.
  4. #4
    Jh04050 is offline Junior Member
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    Quote Originally Posted by justalayman View Post
    wikipedia has a nice definition:



    the syringe is the pump unit. The needle, nozzle, or tubing is installed onto the syringe.


    Unless you can find that definition within the Indiana Code, the common definition (like posted above) is what it is.

    Is this the statute charged:

    Yes, the statute charged is 16-42-19-18. a D Felony.
  5. #5
    tranquility is offline Senior Member
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    Wouldn't the term "hypodermic" tend to indicate a mere syringe can't fit the statute?
  6. #6
    justalayman is offline Senior Member
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    Quote Originally Posted by tranquility View Post
    Wouldn't the term "hypodermic" tend to indicate a mere syringe can't fit the statute?
    a mere syringe, maybe but OP admits to possessing a hypodermic syringe.

    a syringe that is intended to be used in conjunction with a needle to inject a substance under the skin is a hypodermic syringe. Whether it is used in conjunction with a needle or not is not relevant. It still remains a hypodermic syringe.

    That would be in contrast to something like an oral syringe or an intra-rectal syringe (which looks kind of like an infant nasal aspirator aka: snot sucker)
  7. #7
    tranquility is offline Senior Member
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    I'm not going to argue as I don't know, but it seems there is an argument there.
  8. #8
    You Are Guilty is offline Senior Member
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    Quote Originally Posted by Jh04050 View Post
    Although it was a syringe I had removed the needle from it entirely and used it more like an eye dropper or baster to administer drugs anally. Since it didn't have a needle in it is it still considered a syringe by law is my question.
    Wait. What?
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  9. #9
    justalayman is offline Senior Member
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    Quote Originally Posted by You Are Guilty View Post
    Wait. What?

    rectal administration of drugs. It leaves no telltale signs such as needle tracks, burns common with smoking, or any other outward evidence. It also causes a rapid infusion of the drugs into the body due to the true biological purpose of the rectal tissue. It's been around for a long time. You might want to read up on the rumor of Stevie Nicks of Fleetwood Mac riding the white horse.

    Not only are illicit drugs administered this way but there are rumors of liquor (alcohol) enemas being used too.
  10. #10
    You Are Guilty is offline Senior Member
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    Ugh, thanks.

    I am adding the cost of one gallon of Brain Bleach to your tab. The stuff you learn here...
    CSO286 and single317dad like this.
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.

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