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Can I get confiscated material back if I win an appeal?

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  • Can I get confiscated material back if I win an appeal?

    I live in Massachusetts. A friend of mine attended "extravaganja" in the town of Amherst. Its an event meant to raise awareness about the ongoing drug war and push the legalization of marijuana. During the festival smoking weed on the town commons is deemed okay for two days as long as you follow the three rules. 1) no alcohol 2) no selling drugs 3) you must be on the town commons. My friend was within the bounds of the commons not breaking any of the rules when a cop started giving him a hard time. In the end, his 450 bong was confiscated and a 100 dollar citation was issued. Since the citation was unjust considering the circumstances my friend plans to appeal the citation, backed by the group running the festival, the Cannabis Reform Coalition at UMass Amherst. If he wins this appeal, can he get his bong back? At the time of confiscation it was completely okay to have and their were hundreds of other kids with the glass pieces as well on the common and fliers for the event said it was okay to bring bongs and pipes. The bong has a lot of sentimental value and I'm wondering if there's a chance of getting it back and what I have to do to do so. Thank you for the help!

  • #2
    Who authorized a bunch of people to smoke weed? Was it just a discretional issue sort of like drinking and mardi gras? It all depends on who the authority was to make such a claim or if they had any authority at all. On a side note, it doesn't matter if your "friend" had the support of the Pope, it comes down to him and the state of MA in the courtroom. To spend the time, effort, and more importantly money on an appeal to get a bong back is...well.... I can see your "friend" having some serious regrets years down the road when he looks back on this.
    I'm 10-8 like a shark in a sea of crime..

    Comment


    • #3
      No, he cannot get an illegal device back. It is drug paraphernalia. It is a crime to possess it. An event organizer cannot override state law. The police cannot even temporarily make something that is illegal, legal. That is what legislatures are for.
      If one man can make a difference, every man should.

      Comment


      • #4
        Originally posted by saranac View Post
        No, he cannot get an illegal device back. It is drug paraphernalia. It is a crime to possess it. An event organizer cannot override state law. The police cannot even temporarily make something that is illegal, legal. That is what legislatures are for.
        ^^^^^ plus one.
        Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

        My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

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        • #5
          You gotta be yanking me.....

          It was not okay to have the bong if it was used to introduce marijuana into the human body. The town/college may have decided to tolerate the event, but I highly doubt any level of government passed any legislation that made marijuana laws go wayside during the event. Your friend is not going to get his bong back, even if the case is dismissed or appealed.

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          • #6
            But guuuyyyyysss...it has sentimental value.

            Comment


            • #7
              Shouldn't you be tending to your grow lamps, or acting apathetic about growing up instead of posting stupid questions? And yes this proves there is such a thing as a stupid question.

              Comment


              • #8
                This is pure comedy gold. Extravaganja? For real??

                Comment


                • #9
                  No, you cannot get your bong back.

                  Originally posted by freespirit311 View Post
                  During the festival smoking weed on the town commons is deemed okay for two days
                  ^ Just as Dingo stated, what you fail to understand is that it was still illegal to be in possession of drugs during those two days. I'd assume that the city government/officials/council/etc simply asked the officers to use their discretion and directed them to only arrest/issue tickets in extreme cases, especially since there were hundreds or thousands of people in attendance, and the dept. doesn't have the man power to arrest everyone.
                  I'm also guessing there's more to the story than you're telling us.

                  Originally posted by freespirit311 View Post
                  a cop started giving him a hard time
                  ^ You mean the officer was doing his JOB?

                  Originally posted by freespirit311 View Post
                  the citation was unjust
                  ^ How was it unjust? Please explain. As mentioned above, the officer was doing his JOB.
                  Last edited by Street_Cop50; 04-19-2011, 04:58 PM.
                  Look sharp, act sharp, be sharp.

                  Comment


                  • #10
                    Originally posted by just joe View Post
                    But guuuyyyyysss...it has sentimental value.
                    Oh yes, passed down from Grandpa to Dad.
                    How do these people find this site?

                    Comment


                    • #11
                      Surely you gest. Well, assuming you're serious, get this: The Bong is gone. It is now the property of the Amherst Police Dept The Bong is narcotics paraphanalia, and thus illegal. I'm not going to second guess the actions of the Officer you claim acted improperly. This site is not a sounding board for illegal activity, nor do we analyze, critique, criticise,or Monday Morning quarterback the actions of other Officers. " The citation was unjust" Says you? That particular piece of garbage won't fly here either. Hope you were seeking an honest reply(s) to your query. You've received several so far.

                      Comment


                      • #12
                        Originally posted by Street_Cop50 View Post
                        I'd assume that the city government/officials/council/etc simply asked the officers to use their discretion and directed them to only arrest/issue tickets in extreme cases, especially since there were hundreds or thousands of people in attendance, and the dept. doesn't have the man power to arrest everyone.
                        This is what happened. The local government decided to tolerate the gathering but I'm sure the officers were directed to keep the peace and remove trouble-makers. Your "friend" managed to draw attention to himself as a trouble-maker and that's why he got the special attention.

                        Since you're filing an appeal, I'm assuming your "friend" has already been found guilty of the charges. I'm curious what legal principle your "friend" is going to base his appeal on. Will it be the classic "That's not fair" defense?
                        Originally posted by kontemplerande
                        Without Germany, you would not have won World War 2.

                        Comment


                        • #13
                          Everyone here has said it already. The bong is gone. It's not coming back. The appeal will likely falter as well. Frankly, I can't believe you would come on here to ask this. Oh well, I've seen far stranger things.

                          Comment


                          • #14
                            I think you should hire a lawyer and pursue this injustice which was done to you and your friend... How dare they take your sentimental stuff!? Please get the best possible lawyer because you know the po-lice are going to attempt to cover up their wrong doing. Generally the best lawyers have the largest retainers, so I hope you have a lot of money to spend. But I'm sure the evil anti-marijuana po-po will pay your attorney fee's when you win in court...

                            Is this the answer you were looking for???
                            Life's too short for regrets...

                            I can learn something from anyone, even if it's what not to do...

                            Comment


                            • #15
                              Originally posted by freespirit311 View Post
                              I live in Massachusetts. [B]A friend of mine [/B](first clue)attended "extravaganja" in the town of Amherst. Its an event meant to raise awareness about the ongoing drug war and push the legalization of marijuana(second clue). During the festival smoking weed on the town commons is deemed okay for two days as long as you follow the three rules. 1) no alcohol 2) no selling drugs 3) you must be on the town commons. My friend was within the bounds of the commons not breaking any of the rules when a cop started giving him a hard time. In the end, his 450 bong was confiscated and a 100 dollar citation was issued. Since the citation was unjust considering the circumstances my friend plans to appeal (third clue) the citation, backed by the group running the festival, the Cannabis Reform Coalition at UMass Amherst. If he wins this appeal, can he get his bong back? At the time of confiscation it was completely okay to have and their were hundreds of other kids with the glass pieces as well on the common and fliers for the event said it was okay to bring bongs and pipes. The bong has a lot of sentimental value and I'm wondering if there's a chance of getting it back and what I have to do to do so. Thank you for the help!
                              No. You cant have your bong back. Now go do your homework. Im sure mommy and daddy are proud of their little stoner child.
                              Originally posted by crass cop
                              Just do it in front of a camera and try not to get a boner and you shoudl be fine.

                              Comment

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