The cops came into our home after a party last Friday. We have two hookahs in the home that are used for tobacco only. These devices are legal and are sold in many places.
The officer considered the hookahs to be drug paraphernalia and decided to take them. He stated that he was going to throw them away. No drug paraphernalia charges were filed and the hookahs were never tested; instead, they were thrown in the trash. There were no drugs near the hookahs, nor was there any smell to warrant the officer.
I feel as though my rights have been violated and would like to be reimbursed for the loss of my property. My question is:
1. Was the officer justified in taking my property?
2. Do I file a complaint?
3. Do I file theft charges against the officer?
Any other advice would be great.
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December 16th, 2009 at 9:04 am
Another genius, Why don’t you just go to the police station with a weapon and take your weird drug things back, Decent people don’t usually have the police visiting them every week waisting the police’s time all the time because you want your childish little party, My advice is too grow up and stop letting your childish parties get out of control every week no wonder the police are pissed off with you.
December 16th, 2009 at 3:12 pm
Legally the police may not seize property without a warrant, or suspicion of a crime. Furthermore, they must account for said property.
The problem you may have is proving the officer took the hookah.
I auggest you replace the hookahs, and take the receipts to the police station and file a formal complaint, and ask to be reimbursed.
Worse case scenario, you will cause the offending officer to have a notice on his work record, and hours of paperwork. Expect to see a heavy blue curtain surround him however.
December 16th, 2009 at 6:27 pm
give one of these 8======D right in the laws ()()