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Police found marijuana pipe

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kdog5771

Junior Member
What is the name of your state? Massachusetts
Yesterday, I was watching TV and someone knocked on my door. It was a police officer. He said that they had a report of a domestic complaint at my address. I told them that it had to be a mistake because I was by myself. He asked if he could look around so I said ok (big mistake). He found a pipe in my room sitting out in plain view and they started giving me a hard time. I was treated like a criminal. Not once during the first 25 minutes did they verify the address in the 911 call. We have enhance 911 but the person must have called from a cell phone because the state police called Uxbridge PD and they got the wrong address. They accused me of lying to them and threatened to get a search warrant "for the rest of my stuff." I was floored. I told the cop, there was four of them, that it was all I had and, like an idiot, started telling him he was acting like a jerk over a very small amount of weed in the pipe. He was the worst one there. Now my question. They took my pipe and said "We're sorry. Don't worry about the other thing" and left. My problem is that I want to report them for their stupidity as my neighbor was assaulted by her boyfriend, who they finally locked up, but they we're too busy accusing me of being a liar. The girl could have been killed while they we're 100 feet from her. It was a 911 call. I kept telling them to go next door because they have a second floor and that I wasn't bothering anyone. But no. They made an issue out of my pipe. Stupidity and arrogance was rampant in my living room. I realize they acted within the scope of authority and withing the plain view docrine, but my treatment was unacceptable. And to top it off, the violent crime next door could have escalated into an even more dangerous situation. If I contact the police chief, will I get arrested?
 


rmet4nzkx

Senior Member
consult an attorney if it is true that they went to the wrong address and there is proof of that, then you might get any charges thrown out and they can advise if you have any other action.
 

BelizeBreeze

Senior Member
kdog5771 said:
What is the name of your state? Massachusetts
Yesterday, I was watching TV and someone knocked on my door. It was a police officer. He said that they had a report of a domestic complaint at my address. I told them that it had to be a mistake because I was by myself. He asked if he could look around so I said ok (big mistake). He found a pipe in my room sitting out in plain view and they started giving me a hard time. I was treated like a criminal. Not once during the first 25 minutes did they verify the address in the 911 call. We have enhance 911 but the person must have called from a cell phone because the state police called Uxbridge PD and they got the wrong address. They accused me of lying to them and threatened to get a search warrant "for the rest of my stuff." I was floored. I told the cop, there was four of them, that it was all I had and, like an idiot, started telling him he was acting like a jerk over a very small amount of weed in the pipe. He was the worst one there. Now my question. They took my pipe and said "We're sorry. Don't worry about the other thing" and left. My problem is that I want to report them for their stupidity as my neighbor was assaulted by her boyfriend, who they finally locked up, but they we're too busy accusing me of being a liar. The girl could have been killed while they we're 100 feet from her. It was a 911 call. I kept telling them to go next door because they have a second floor and that I wasn't bothering anyone. But no. They made an issue out of my pipe. Stupidity and arrogance was rampant in my living room. I realize they acted within the scope of authority and withing the plain view docrine, but my treatment was unacceptable. And to top it off, the violent crime next door could have escalated into an even more dangerous situation. If I contact the police chief, will I get arrested?
You can file a complaint and watch the court laugh in your face.

You gave the police permission to enter. The pipe was in plain view. YOu're busted.
 
yeah a complaint is point less unless you have a audio and vision tape of it and the officer said his name clearly and then did the things you said. Like Michael Irving it does not matter if you knew it was out or not they can still get you for it. I never understand how a pipe that you can buy legally at any convience store for a buck or two can lead to a charge that can be as high as 300 bucks ---
 

gawm

Senior Member
RedemptionMan said:
I never understand how a pipe that you can buy legally at any convience store for a buck or two can lead to a charge that can be as high as 300 bucks ---
It's not the pipe, it's what's smoked through the pipe.
 
gawm said:
It's not the pipe, it's what's smoked through the pipe.
yeah true but most states now have a drug paraphernalia charge..... were nothing illegal has to be in it to get an illegal charge...
 

gawm

Senior Member
No, there has to be drug residue or something for it to become paraphernalia.
For example, if they find you with acid wrapped up in a piece of tin foil, that foil becomes paraphernalia because it was use to hold acid. It's not illegal to have tin foil but once you use it for drug purposes it becomes illegal. If he was using that pipe to smoke tobacco I guarantee you there would not of been a problem. Since he was using it to smoke weed, that's what turned it into paraphernalia thus making it illegal
 
gawm said:
No, there has to be drug residue or something for it to become paraphernalia.
For example, if they find you with acid wrapped up in a piece of tin foil, that foil becomes paraphernalia because it was use to hold acid. It's not illegal to have tin foil but once you use it for drug purposes it becomes illegal. If he was using that pipe to smoke tobacco I guarantee you there would not of been a problem. Since he was using it to smoke weed, that's what turned it into paraphernalia thus making it illegal
people stretch the law quite often -- I live in a very strict drug law state,, they charge drug paraphernalia for roach clips and sigle pipes with no residue -- hell I had to sign forms and present 2 IDs to buy pseudoephedrine...
 

gawm

Senior Member
RedemptionMan said:
people stretch the law quite often -- I live in a very strict drug law state,, they charge drug paraphernalia for roach clips and sigle pipes with no residue -- hell I had to sign forms and present 2 IDs to buy pseudoephedrine...
I'm telling you, unless they can prove the paraphernalia was used with drugs, it will not hold up in court. Lets face it, how many times does someone get caught with these items and are not using them for drugs. If there is no residue but drugs are also found on the person, that's pretty strong circumstantial evidence and that's how they are able to be charged for paraphernalia when there is no residue. They would not be able to sell them if having them were illegal. You were still allowed to buy the pseudo ephedrine, weren't you? It's not illegal to have, but if the police caught you making meth with it then it would be an additional charge. It's not what you have but what you use it for.
 
gawm said:
I'm telling you, unless they can prove the paraphernalia was used with drugs, it will not hold up in court. Lets face it, how many times does someone get caught with these items and are not using them for drugs. If there is no residue but drugs are also found on the person, that's pretty strong circumstantial evidence and that's how they are able to be charged for paraphernalia when there is no residue. They would not be able to sell them if having them were illegal. You were still allowed to buy the pseudo ephedrine, weren't you? It's not illegal to have, but if the police caught you making meth with it then it would be an additional charge. It's not what you have but what you use it for.
And I am telling you -- I live in Arkansas where Meth is a domestic product it is uncontrollable and a lot of small towns and rural areas have different justice systems then anywhere else that you have seen. It does hold up in court and it sends people to jail everyday here**************..
 

gawm

Senior Member
RedemptionMan said:
And I am telling you -- I live in Arkansas where Meth is a domestic product it is uncontrollable and a lot of small towns and rural areas have different justice systems then anywhere else that you have seen. It does hold up in court and it sends people to jail everyday here**************..
Same in Arizona. But glass pipes are not illegal unless you are using something illegal with it. They would have to prove you were using something illegal, either by Residue or by circumstantial evidence ( having a sock draw full of drugs) Glass pipes can be used to smoke tobacco, they are not illegal to have. Only when you smoke drugs instead of tobacco through them do they become illegal
 
gawm said:
Same in Arizona. But glass pipes are not illegal unless you are using something illegal with it. They would have to prove you were using something illegal, either by Residue or by circumstantial evidence ( having a sock draw full of drugs) Glass pipes can be used to smoke tobacco, they are not illegal to have. Only when you smoke drugs instead of tobacco through them do they become illegal
true they usually find more than just an empty pipe..... agreed
 

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