Got pulled over last night with e-cig

[DaliMama]

It wouldn't hurt to keep a printed brochure or some web pages printed out in your glove compartment that explain what you are "holding". I haven't thought of doing this before your post, but it might make an uninformed officer understand and it costs nothing to keep handy.

Great idea!

I carry a business card from vapor4life that has a little explanation about e-cigs on the back. Perhaps I should print off something that is a little bit more in depth or has pictures or something...the cops in my area aren't the sharpest tools in the shed!

 

[rwinslowlive]

OK bin there.. but what was the outcome. Did they give up or give you more crap..

 

[The Bobarazzi]

I'm sort of a "everything happens for a reason" kind of guy. Maybe, just maybe, you educated him enough to make a change in his life or the life of someone else (who is not a cop). Maybe back at the donut shop he was joking with his partner like: "Hey Joe, how bout that stupid idiot with the "electronic cigarette", what a dumbass huh?"
And maybe the lady at the counter, coughing up a lung, dying for the cops to leave so she can take a few puffs in the back room, overhears Ricky the cop and then goes home and jumps on Google to check out this "electronic cigarette".

Or maybe Ricky just goes home and beats his wife.

I don't know, but like those anti-smoking commercials, like the one where they release a bunch of crawling, toy babies on the streets with a message on them, and it then shows the crowd looking in wonderment.

Knowledge is contagious...doesn't matter how it spreads, as long as it just gets around. "Electronic Cigarettes" will sell themselves...once people know the facts.

 

[CG89]

I'm not defending the popo. But you do have to put into consideration that there are many different ways to use liquid extracts other than nicotine with a e-cig that will completely alter the smell and taste of what your doing...

The first time i took mine into work you should of seen the heads turn keep in mind I only own two e-cigs The Copper and the GGTS which both look like a pipe in a sense..The one guy asked me what the heck i was doing smoking that stuff in the factory.I then explained myself to him then twenty others..god i wish i had some good cards to give people...

Though what I'm trying to say is you have to be expecting the questions and a little fuss. I'm not saying let them take your stuff you do have rights know them and use them...

 

[DaveP]

Ecigs are so new and kept from advertising by, I guess, The FDA, since they have been classified as tobacco products, that only those exposed by friends or word of mouth have heard of them. Since nicotine gum is a drug it can be advertised on TV. The only way we will get exposure is if someone is interviewed on the news, passes it on by mouth to friends, or they click on a web link (like I did).

My doctor had heard of it, my dentist had not. Now they both know and hopefully will talk about it to their patients after checking out the links I left with them. Both are constantly telling their patients to stop smoking and I think they would rather have them vaping than smoking.

 

[vapordraggin101]

I had 3 people in 2 weeks tell me they seen them advertised on TV, I was shocked, I haven't seen them yet but I thought that was promising.

 

[Rocketman]

The TV adds I've seen are variations of the "Free Trial" and automatic "Jelly of the Month" shipments.
I hope no one gets pulled over by someone really ...... off by the 7 day $99 deal and $80 a month charges.

 

[Mac]

Welcome to the new world order.

 

[Captu4ik]

Ecigs are so new and kept from advertising by, I guess, The FDA, since they have been classified as tobacco products, that only those exposed by friends or word of mouth have heard of them. Since nicotine gum is a drug it can be advertised on TV.

This could be regarded as off-topic, but after DaveP's post (he may even rec'v the channel I was watching), here goes ...

Just yesterday I saw an e-cig commercial on TV (Atlanta, GA). At first I just sat there in amazement. IN fact, the entire 60 seconds the commercial lasted had me sitting, staring, jaw agape.

It was not at all obvious to me that what was actually being advertised was a no-nicotine e-cig, the EZSmoker. It wasn't 'til I went to their website (ezsmoker.com) that I realized this was a zero nicotine product.

It's also one of those traps where they send you cartridges every month and charge your credit card ...

Sorry to go off-topic, but at least one e-cig is advertised on TV ...

 

[BiffRocko]

This is a big fear of mine. After spending 24 hours in the clink some years back, cops scare the .... out of me. With a shaved head and full sleeve tattoos, I figure it's only a matter of time before I get harassed by the popo. I carry the card that came with my Green Smoke every time I leave the house.

 

[ejoker]

biff, i was in the gaslamp yesterday, vaping in public and in one of the bars (with prior permission). plenty of police saw me, none even asked.

 

[crashtestjeep]

I have a TON of tatts and vape near cops all the time. Never had more than "hey is that one of those electronic cigs?".

Im sure there is always the chance of being harassed, but I have been all over the east cost w my mods, even flew a few times with no probs.
Hope that eases you a bit!

 

[geeker]

I have a TON of tatts and vape near cops all the time. Never had more than "hey is that one of those electronic cigs?".

Im sure there is always the chance of being harassed, but I have been all over the east cost w my mods, even flew a few times with no probs.
Hope that eases you a bit!

Maybe your chickness and cuteness has something to do with that.

 

[tstcvap-er]

So did he coerce you into consenting to a search or did he decide based on your choice of smoking cessation device that he had probable cause?? They are definitely allowed to coerce into agreeing to a search but he did not have probable cause had you refused.

great question. Did you allow him to search or did he not give you any choice?

and to anyone with knowledge of law.. Would a search done by probable cause, that being vapor..after youve explained what it is and pointed out there is no illegal odor, be an illegal search voiding anything they might find that actually is illegal or say realize youve been drinking and breathalyze you?



just a random question, by the way I do not drink and drive nor do i condone it

 

[Perpetual Knight]

tstcvap-er, that's a heck of a question.

Terry v. Ohio grants officers great leeway with regards to what is "probable cause." I think we both agree that this officer was within his rights to investigate what Grinch was doing.

Let's say that, while questioning Grinch about his e-cigarette, he smells the odor of intoxicants on his breath. While the initial investigation into his vaping turned out to be nothing, the officer now has a right to investigate further into whether or not Grinch was drinking. In short, the officer now has probable cause to investigate for OWI. It does not matter how the traffic stop was initiated; people get stopped for registration issues and end up with OWI arrests.

There is another angle to think about as well: officer safety. If at any time the officer feels his safety is in peril, he can order Grinch out of the vehicle and search anywhere within Grinch's reach; under the seats, the dash, center console, back seats, and, if you have a hatchback, all the way into the storage areas. In some cases and some jurisdictions, the officer may be able to order you to open locked compartments such as the glove box. He is also within his rights to do a cursory pat down of Grinch. This search is supposed to be to locate weapons, but if contraband is found it is admissible under the principle of "good faith." Some officers try to push the limits of "good faith," but honestly it all comes down to whether or not the officer can articulate his logic for doing the search.

But let's try your scenario. If the officer were to pull Grinch out of the car (which he probably would have done anyway to have him explain the e-cig), and then search the car with the expressed purpose of locating contraband, that officer will likely have a problem. Grinch had already explained and proven his behavior was legal; therefore, the probable cause to investigate further ended at that very moment. Any further searches would be illegal; anything the officer found would be "fruit of the poisonous tree" and would be inadmissible.

Just remember, consent overrides all of that; if you give the officer consent, he no longer needs any probable cause to search.

However, I'm not all impressed with Grinch's officer; he may have acted within the law but he should have kept his opinions to himself; that was highly unprofessional.

 

[tstcvap-er]

thanks knight, awesome of you to pitch in here!

 

[Hurricane Eric]

Well I'd like to say I've single handedly educated most of our police department. I work for the local Animal Control. So I work with the Police all the time, and I always make it a point to vape around them whether I'm getting fuel or on a raid or in a continuous education class I always vape. They know me and know I'm not going to do something illegal in front of them. If they ask about it or look at me funny I go ahead and explain it to them, and no one's had a any smart ... remarks like the OP's officers. A lot of them just have a natural curiosity about it. I just figure the more of them that know the better. And there's less of a chance I'll be harassed later while I'm out of uniform, ya know.

 

[$igmund]

Fortunately for people in my area, most of the Sheriff's deputies and a few of the troopers in the area are aware of e-cigs because of me (if they weren't already aware of them). I am a 911 dispatcher and a lot of the patrols will stop in at the control center during their tours and see me vaping. A lot of them (just like everybody else) always ask a lot of questions. Now all the questions I get from law enforcement about the e-gig are about how long it's been since I had an analog.

I hope they keep me in mind if they see people vaping while they are out in the field.

 

[TaketheRedPill]

There are something in excess of 100 "specialty clinics" in the Los Angeles area - Ruyan markets a 'medical' ecig in some of these, so they are familiar to the Local Boys as a not just an "e-cig" - one of the many reasons I like to carry a Cartomizer model when out in public = no vials to explain, and everything's sealed, labeled and good to go.

TTRP

 

[tedward1555]

Hurray for that, California!!!

agreed! So sick of nearly being killed every time I get into a car here in AustinTexas. Seems every single driver is talking or texting on a cell. If you can't afford hands free, you can't afford to talk on the phone while driving!