Thrown Out Of Park By The Cops

[wisp]

A few weeks ago my friend and I were smoking hookah in the park, and somebody called the cops and said we were "smoking dope out of a bong." When they showed up they immediately recognized that it was a hookah. They gave us the expected questions (what are you smoking with that, how old are you) but then they told us that we had to leave because we "weren't allowed to do that here." We didn't want to question them so we left, but for future reference can they really do that? Shouldn't you be allowed to smoke hookah anywhere you can smoke tobacco?

[EternalSoil]

depends on regulations in your area. people here can give you tips, opinions, stories, but the only way you will be able to find out if it's legal or not is to goto the courthouse or wherever and ask.

[ZenSilk]

Dude, they are cops. They can do anything.

[EternalSoil]

well.... not really.... but if they ask you to do something, comply. you did well whether they did or not. May have know you were not doing anything wrong, but asked you to leave so they dont get called out there all the time or people dont get all crazy and shit.

[nitrousconsumed]

Dude, they are cops. They can do anything.

Not to veer off subject here, or to be a jackass or troll, but that's probably the most ignorant thing I've ever heard. We have a bill of rights that basically guarantees that no one (including the cops) can infringe on our rights. Therefore, they can't "do anything" they want. This is coming from a law student that's lived in LA and has had to put up with the LAPD and is currently living in Las Vegas. Everyone should check out this site for a brief recap of what cops can and can't do in certain situations: www.flexyourrights.org

Look for the video, very insightful AND useful.

Oh and I agree with the previous poster, you should check out your local statutes and see what's up. Edited December 7, 2007 by nitrousconsumed

[EternalSoil]

wooo!! +1 for me from a law guy!

[JillyIsJustKidding]

Grrr I hate it when people are ignorant about the hookah! Its not a what they think it is and if their gonna make assumptions (especially a-hole police officers) they should look up on what hookah is! >_< Edited December 7, 2007 by JillyIsJustKidding

[EternalSoil]

yeah and if you do you can come up with places that call them "communal bongs". thats why the drug policy here is strict and upheld! we dont want to be associated with places like that, they give us legit tobacco smokers a bad name... assholes...

[clickhea]

Dude, they are cops. They can do anything.

Not to veer off subject here, or to be a jackass or troll, but that's probably the most ignorant thing I've ever heard. We have a bill of rights that basically guarantees that no one (including the cops) can infringe on our rights. Therefore, they can't "do anything" they want. This is coming from a law student that's lived in LA and has had to put up with the LAPD and is currently living in Las Vegas. Everyone should check out this site for a brief recap of what cops can and can't do in certain situations: www.flexyourrights.org

Look for the video, very insightful AND useful.

Oh and I agree with the previous poster, you should check out your local statutes and see what's up.

unless you have the whole thing on video tape, it is their word agaisnt yours.

[gaia.plateau]

Dude, they are cops. They can do anything.

I guess that I'm unfamiliar with law enforcement in the US... but in Canada 99% of Police power is what you don't know, and what you're willing to go along with based on that uncertainty. Cops here have very little real power - the last run-in I had was on the beach, I had a backpack full of rum and beer, but when the officer asked me to pass it to him I respectfully told him to fuck off. No objective reason to search, no warrant, no peeky-looky.

If a cop came up to me smoking my pipe in the park, I imagine he'd smell it for illegal substances and move on, but if he tried to give me crap, I would respectfully tell him to fuck off. But that's the advantage of not living in a police state, I guess. jk. Mostly.

[SmokingDjinn]

To not comply with orderes given by a cop is against the law, regardless of the legality of the orginal confrontation, its called obstruction of justice, so yes, in a way cops can do anything.

[EternalSoil]

if you are not breaking the law though then they are at fault. some cops are cooler than others, maybe next time you could talk to the cop a bit and he might be cool with it. essentially legality wise, if you could smoke a cigarette there, you could smoke a hookah. less mess too unless you throw foil and shit around or break your vase.

[btuner]

what time of the day were you smoking? was the park closed?

[nitrousconsumed]

Dude, they are cops. They can do anything.

Not to veer off subject here, or to be a jackass or troll, but that's probably the most ignorant thing I've ever heard. We have a bill of rights that basically guarantees that no one (including the cops) can infringe on our rights. Therefore, they can't "do anything" they want. This is coming from a law student that's lived in LA and has had to put up with the LAPD and is currently living in Las Vegas. Everyone should check out this site for a brief recap of what cops can and can't do in certain situations: www.flexyourrights.org

Look for the video, very insightful AND useful.

Oh and I agree with the previous poster, you should check out your local statutes and see what's up.

unless you have the whole thing on video tape, it is their word agaisnt yours.

You don't need to video tape anything. Their squad car has a camera that they're not allowed to tamper with and they have a microphone on them at all times that they must keep on. They have these things to protect themselves as much as to protect you. If you didn't do anything wrong and they were dicks and did something to you without any probably cause (must be be substantiated evidence, probable cause can't just be a 'feeling') you can file an official complaint with Internal Affairs and they carry out an investigation. Check out the site I posted above.

*Please note that my knowledge is limited to Las Vegas and LA. Other police stations and cities have their own regs.*

[hookah hippie]

Tough break nothing like an afternoon of smoking in the park. Only had cops called on me in the park once granted it was about 2 AM was kicked out because the park was closed. Perhaps next time you won't be forced to stop your leisure activity

[erufiku]

All depends on the policeman... If you tick the guy off, he's sure to bust you for something. Don't remember who said that nor in what language, but a rough translation would read "Give me a man and I'll find a clause".

Here in Quebec it's ok-la... But back in British Columbia I was seriously more scared of policemen than of any thug. After all they tazered a man to death for nothing.

[ori]

Not to veer too far off subject but I know where you're coming from with the cop thing.

A kid tried to steal my hookah last week and broke it. One of my friends that was there is a criminal justice major and knows all the policemen in the area. He pretty much told me that he had talked to the cops about what they would do to someone with a hookah in this town, another friend besides me owns one, and he guaranteed they would bust me for "paraphanalia." I know that the cops were probably wrong but I did not want to put up with the headache of cops in a small town. Sadly hookahs are misunderstood and hopefully they become more accepted as more people use them for the right reasons.

[Kathrynx]

Not to veer too far off subject but I know where you're coming from with the cop thing.

A kid tried to steal my hookah last week and broke it. One of my friends that was there is a criminal justice major and knows all the policemen in the area. He pretty much told me that he had talked to the cops about what they would do to someone with a hookah in this town, another friend besides me owns one, and he guaranteed they would bust me for "paraphanalia." I know that the cops were probably wrong but I did not want to put up with the headache of cops in a small town. Sadly hookahs are misunderstood and hopefully they become more accepted as more people use them for the right reasons.

I never really thought of a hookah as being "paraphanalia", Canon and I smoked in a Denny's here in town, and we never got any direct questions about what we were smoking except from this old guy sitting next to us, and when he got up to go to the bathroom, the manager was asking him about it too, old man told them that we were only smoking tabbacco. So maybe they didn't care b/c we weren't making a scene, so no reason to even be really questioned. The old guy asked what it was over and over, and I kept saying "pumpkin pie" and "tropical revenge" over and over again, like he really didn't believe me...so I let him try and he couldn't handle it (ciggarette smoker too)

[Sariél]

I've found its best to pick you're battles. Can you afford to be in the right while siiting in a cell or in court waiting to get the case thrown out? After explaining (not arguing) to the cop that you are doing nothing illegal, if he still tells you to go, I would go. Straight home to look up local statutes, info on hookahs, and maybe check with the local police station to see what specific laws are involved. Get the name of the officer you speak to. If everything checks out, print out all the relevant info, and set up in the same place the next day, and wait. Might be even safer to set up, but not light it. Be respectful and don't give the guy a reason to escalate the situation.

You may have to bring the documentation with you for a few more trips, until you cycle through all the officers in the area, but after a couple of times, you get pretty good at it, and it goes a lot smoother.

Like it or not, its all about playing their game...

[Rani]

A few weeks ago my friend and I were smoking hookah in the park, and somebody called the cops and said we were "smoking dope out of a bong." When they showed up they immediately recognized that it was a hookah. They gave us the expected questions (what are you smoking with that, how old are you) but then they told us that we had to leave because we "weren't allowed to do that here." We didn't want to question them so we left, but for future reference can they really do that? Shouldn't you be allowed to smoke hookah anywhere you can smoke tobacco?

Depends on your local regulations. Child friendly areas - beaches, parks, etc., are generally tobacco free zones by local law and honestly I've never been able to come up with a convincing argument to justify smoking in a area normally packed with kids.

'Rani

[dude3516]

A few places outright ban smoking in public parks to reduce exposure to children and such give a lookup to the laws in your area, but if a cop asks you to do something it's best to just go with it, assuming that it isn't a major infraction on your rights. Leaving a park for smoking cuz a cop asks nicely, cool, letting the cop search your rectum cuz he told you so, negativo heheh

[SmokingDjinn]

Hookah's are not drug paraphenalia. In order to be drug paraphenalia residue from the drug has to be in or on the paraphanelia. Cops probably could bust you for it and give you a paraphenalia ticket, then test it to find there is no drug residues where the case would be overturned. Good luck getting your hookah back though.

[Cheese//]

I'd rather just do whatever the cop says, as long as his request isn't too crazy, than waste hours trying to prove myself right.
Especially with the South African justice system I know that I can't really win.

But I more commonly get trouble from people who own whatever private property I smoke on (restaurants, private parks etc.) and you can't really argue with them if they tell you to leave.

[gaia.plateau]

To not comply with orderes given by a cop is against the law, regardless of the legality of the orginal confrontation, its called obstruction of justice, so yes, in a way cops can do anything.

Not true at all. Firstly, cops very rarely give orders - pay attention to the language they use next time you run into one. For example, unless they have warrent or provable, objective cause to search your trunk or bag or whatever, all they can do is suggest that you let them take a look. Secondly, if a cop does give you an order but he legally does not have the right to, noncompliance is not the obstruction of justice, it is the obstruction of the abuse of power, and it is not against the law.

Attitudes like that are what make police states possible Learn your rights mang.

[boulderkid303]

Depends where its at thats all. You can't be smoking in the same park as a bunch of little kids running around, thats not right, but you did do the right thing walking away.