After being harrased by the cops

[sherid]

YouTube - Pro-Smoke South Park

had to find it for ya

That's a great one...as good as the Butt Out Episode about secondhand smoke.

[moose88]

get out of here you filthy tar breath lol ahaha southpark too funny

[wv2win]

Were you smoking one that looks like a "real" cigarette? I think they should not make them look like a regular cigarette as it is asking for trouble. I think it is in the best interest of all e-vapers to distance ourselves from "real" looking cigs so to the general public there is an obvious difference. Which is the whole point....is it not?

Although it shouldn't matter what it looks like, I agree that perception is 95% of reality and it would be better if our PV's all looked significantly different from analogs.

[labrat]

^^^no, the nannies just need to get off everyones back. The OP did say he would not post again but I too wonder what happened.

[wv2win]

I have just 1 question..... If you are on probation, you are constantly having problems with cops. Why let something like this escilate to a run in with the cops? Why not just put your e-cig in your pocket and say OK and walk away?? It kinda looks likde you just like getting into arguments.

Whether a person is on probation or not should not have anything to do with it. They were not breaking the law or harming or harrassing others. They have the same "rights" as the rest of us and should be treated accordingly.

[Tallgirl1974]

Whether a person is on probation or not should not have anything to do with it. They were not breaking the law or harming or harrassing others. They have the same "rights" as the rest of us and should be treated accordingly.

They don't have the same rights- many rights are suspended while on probation. Search and seizure at any time, they don't need to ask...you cant have a gun...you cant leave your state without asking...lots of fun stuff. They have the legal right to pick on you lol
I'm not arguing anything other than the rights thing...in this little BFE town I am living in now, you get probation if you get two speeding tickets in one month...guess who no longer has a lead foot? I would have never picked a fight over my PV while I was being judicially babysat for three months. Its just silly to me. I have already agreed it does nothing for our future with these genius sticks.

[ISAWHIM]

If he didn't confiscate the device... and has no "Testing" to indicate anything harmful in the device... The case will be thrown-out...

There is no smoke, there is not smoke-odor, and unless it was tested on the spot for a narcotic agent, there is nothing they can charge you with, except for disturbing the peace, and that can be countered for, by saying it was harassment.

It is his word against yours. If you indicate you only had water in the device... and the Cop is not a chemist, and did not perform a chemical composition test... then it is your word that wins.

You also can't be charged for "Smelling like .........", which certain cigarettes do smell like. (I forget the brand name, but I should keep them handy.)

Just be sure to bring the device, with water in it... into the court... he must identify the unit, and identify it working, producing the "Vapor" which is not smoke. Also bring a tomato and a french-fry... and state that restaurant allows nicotine within the facility, as they carry those two items. Thus, constituting harassment. (Calling the police for enforcement of a law that does not exist, and arresting someone or ticketing someone without proof of a law being broken, is harassment. The cop would have to see you committing the crime, or validate the complaint by witnesses.)

Until they have vapor laws... (Which would include breathing after smoking????)... They have no legal grounds to charge you with anything criminal. Then you turn-around and call the police for the restaurant vaporizing fries, which contain nicotine, in the building, in the deep-fryer. Tell them the humidity-vapor from the cooking food is against the law. The vapor is ruining your clothing, and causing undesired private property damage to your personal possessions. There was no warning on the door, no warning after entering, and you demand justice! LOL...

Then complain about the second-hand smoke that poured out of the police vehicle, while it was parked on the property, spilling dangerous levels of Carbon monoxide into your lungs, while you were forced to stand within the proximity of the running vehicles exhaust pipe.

[Angela]

But the 'charge' in this case might have nothing to do with smoking laws. From the OP's statement....

...I just wanted to have a smoke while I ate.

...it would appear that he was on private property owned by the restaurant. If that was the case, and he was asked by a member of staff to desist, then there is a case to answer. It really doesn't matter whether he was using an e-cig or picking his nose, the restaurant would have the right to ask him to stop. If he then refused and the police were called as a result......

The above is just reading between the lines, but it does make sense of a non-sensical situation.

[wv2win]

They don't have the same rights- many rights are suspended while on probation. Search and seizure at any time, they don't need to ask...you cant have a gun...you cant leave your state without asking...lots of fun stuff. They have the legal right to pick on you lol
I'm not arguing anything other than the rights thing...in this little BFE town I am living in now, you get probation if you get two speeding tickets in one month...guess who no longer has a lead foot? I would have never picked a fight over my PV while I was being judicially babysat for three months. Its just silly to me. I have already agreed it does nothing for our future with these genius sticks.

I understand what you are saying about "rights". I personally think that is wrong. But what is ethically right and wrong and what is legally right and wrong is two different things many times, unfortunately.

[ISAWHIM]

Discrimination and harassment come into play, as a defence, if the authoritative person attempts to use unfair biased against another, on "Public property". Private property is property for private use only, such as a home. Public property is property where any uninvited individual is allowed to frequent. Restaurants, as US law dictates, are public property, and subject to non-biased fair-use to all citizens who participate in the services offered within the establishment.

If he had not purchased anything, that would be another story. However, the purchase of an item from that facility, entitled the individual to a reasonable length of stay, within the establishment that was designed for the public to frequent while consuming a purchased item from that establishment.

It is harassment when the correction of the mistaken offence was pointed-out... Yet, still the police were called. At the time when the correction was made, there was no reason for the authoritative personnel within the facility, to demand the removal of he individual. Further, the police had no right, given the correct information, without legal justification for removal, to remove the individual and force an unjust citation on the individual.

If the law is speeding, and you were not speeding, you can not be delivered and have a speeding violation enforced upon you. This is harassment, as it takes time away from your life/day, with no just-cause for the unnecessary removal of your time, or the time away from a judge, who now has to make a ruling on an offence that never happened.

However, if the police asked the person to evacuate, to stop a direct violation of civil-disorder or disruption of the peace... That is a true infraction, as the authoritative figure is "The law". (That is as bad as resisting arrest, but without the "Record".)

Like I said... without the evidence... and without an actual law against non-smoking devices... there is no case... If that was the whole case. (There was failure to mention the actual citation, which leaves us to assume.)

It is not illegal to use a nicotine inhaler in public, or in a restaurant... Or patches, or gum... all containing nicotine, and emitting a potential "Vapor", with unregulated doses into the surrounding air.

The laws for smoking, explicitly state "Ignited tobacco device". No tobacco, no ignition = no law broken. Ignition is easy to determine, as is tobacco. Clearly, the device in question does not contain any of these.