Thrown Out Of Park By The Cops

[erufiku]

Veering from the topic a bit, all this talk of laws, courts, etc. made me think of Kafka's The Trial. It's scary when you think about the concept of judging...

[mushrat]

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...

That is the way to do it. Have a copy of the apliciable laws handy. Ask the officer which law you are breaking and why you aren't allowed to do this in a publicly funded park. Then tell him politely that you do not legally have to leave. If they persist, ask to speak with the on-duty supervisor. ALWAYS get the names and badge numbers of who you are dealing with, they have to show you ID. YOU don't. On that side note, you must identify yourself, and you must give your proper name, but the supreme court rules (i believe) that as long as you identify yourself correctly, you do NOT have to show any form of ID.

[likespaceships]

drugs have a very distinct smell if they can tell its not anything illegal i don't know why they'd throw you out.

[SmokingDjinn]

I have an obstruction of justice charge so I think I know what I'm talking about. If a cop tells you to sit on the curb and shut up and you refuse, that is obstruction of justice. As regards to the searching of personal effects, they can't order you to let them search it as this is a violation of personal rights. When a police officer arrives on the scene of a complaint, they are formally conducting an investigation. To not comply with orders given by a police officer during this "investigation" is "obstructing" an investigation. In the USA this is how it works, and I have long thought that we already live in a police state. likespaceships: not everyone knows what drugs smell like.

[likespaceships]

I have an obstruction of justice charge so I think I know what I'm talking about. If a cop tells you to sit on the curb and shut up and you refuse, that is obstruction of justice. As regards to the searching of personal effects, they can't order you to let them search it as this is a violation of personal rights. When a police officer arrives on the scene of a complaint, they are formally conducting an investigation. To not comply with orders given by a police officer during this "investigation" is "obstructing" an investigation. In the USA this is how it works, and I have long thought that we already live in a police state. likespaceships: not everyone knows what drugs smell like.

well cops do.

[thecoalition]

Nitrous holds a decent point. Check that site.
However, most officers (cops is disrespectful and this is coming from a criminal justice bachelor's holder/master's in progress) will ask you to leave public areas when smoking for a few reasons. After chatting with a state trooper in one of my classes he told me this.

"We will always ask everyone who is smoking out of a hookah because ignorant persons of the public will automatically assume you're smoking something other than tobacco and we do not want to have to come back out 50 times for the same thing. Typically, I will ask all the proper questions and lift the foil just to double check because I have had people burn marijuana out of those things. To answer your question, hookahs should just be kept on private property because it makes it easier on officers, but more importantly yourself and your friends. So what flavors do you smoke? I'm a double apple fan myself."

Probably the coolest guy I've ever sat next to in class and he's about 40 years old.

[SmokingDjinn]

is pigs ok?

[Sariél]

is pigs ok?

No, It shows a lack of respect for the officers that are out there that do care. I would imagine with that kind of attitude you are good at escalating things to the point where you DO get fucked with. If you can't show them any amount of decency, then why should they show you any consideration. As someone who has had many run ins with the bored small town sheriffs in my hometown, I think I know what I am talking about, because I DON'T have any obstruction charges.

[thecoalition]

You know most of my family are all officers and they said this. "Call us Pigs but remember that it takes Pride Integrity and GutS to do our job. The naysayers are just pussies who think they are tough."

[EternalSoil]

i agree with the being nice to them thing. i look at is as "hey, maybe if i do a little over the speed limit once they will remember the nice conversation we had, and let it slide" where i work we are actually run by the city so one time i was going to fast and told them i was going to work to help with an even and they let me off after saying "holy shit! you know you have 6 speeding tickets?! you need to slow down!" hehe

[ZenSilk]

Yeah, being respectful is the way to go. They are just trying to keep the peace (which is an arguable word).
If you are smoking publicily, people are fucking un-cultured dim-witted cocksuckers, and won't know the difference between the use of illicit substances and the use of legal ones with something that is tall that you are smoking out of that happens to have water in it that bubbles.

It's not the cops fault, it's the retarded shit bags who rat on you cause they are retarded, they deserve all your wrath.

[SmokingDjinn]

I was just jiveing you for getting upset over the word cops, wanted to see what you would say about pigs. Anyhow, most police are pretty decent people just out there doing there job. I have run into some police, typically young ones, where it seems the authority and self importance have gone to their head. They are very confrontational, antagonistic, and draconian, and have a general disrespect for the citizens they "serve". These ones put a taint on the respectfull job of protecting the peace, and unfortunately I have had to deal with a couple. I meant no disrespect to the members of your family, as I'm sure they fall into the former category.

[thecoalition]

ha nah man don't worry about it. im surprised the young ones are dicks to you. in my area the older they are the bigger assholes they can be because they are set in their ways. Most of the officers in my area are about my age or a few years older at most and are real cool. Considering Im in the heart of the city youd expect them to be real hard asses but they arent.

[ahwahoo2006]

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.

Actually this is not entirely correct. Paraphenelia is a broad term that can be applied differently to many different things depending on localtion and circumstance, with or without residue. Two good examples of this are digital scales and steel wool (used in crack pipes as a filter). Rolling papers (when found in your possesion without rolling tobacco) can also be considered paraphenelia.

I'm sorry you got tossed out of the park, but as mentioned before, it might be a good idea to check out your city/county's laws about smoking in parks. I know around here all city and federal parks are technically non-smoking.

[Christama]

Well, due to the new law in Washington State, I've been kicked out of a park for smoking a cig. So i walked to the sidewalk to do it, and the officer told me it was fine.

I've had a few "talks" with police officers. Once while riding my bike, a cop pulled up with sirens on and lights going, and told me to "LAY ON THE GROUND AND SPREAD IT!!!" So I did it. Turns out someone with a similar description on a bicycle had stabbed someone just minutes before. So there I am, sitting on a curb in handcuffs. When they finally figure out it wasn't me (the guy they were looking for was found), the officers apologized. I responded with "Hey, your just doing your job, and thanks for doing it". I guarantee that if I raised a scene, it wouldn't have gone so easily.