need some advice for a friend

[nik0ness]

i need some advice for meh best friend she was recently arrested (not for vaping) and had her vaporizer equipment (atties, batteries and eliquid) on her, the officer placed them in a plastic shopping bag and told her that they would be processed with her personal items. however after she was stripped searched but before she was booked the arresting officer refused to give her back her vaporizer equipment because they are considered a tobacco product... she informed him that they were not but he refused to listen and insisted they were... can they do this? btw this all happened in nacogdoches tx in case anyone needs that information to answer meh concerns.

 

[Princessdee]

E-cigarettes ARE a "tobacco product"

read here: http://www.e-cigarette-forum.com/forum/legislation-news/261778-fda-threads-everything-relevant-njoy-vs-fda-case.html

Sorry that doesn't help your friend but the officer is correct.

 

[TennDave]

So what if they are a tobacco product...why would they take a smoker's cigs from him/her anyway?
That's my question.

 

[denali_41]

when you get arrested you lose all your personal belongings,including jewelery,,,and all of your rights except ,,phone call,,speedy trial ,,humane treatment you get the point

 

[cubicleau]

yeah what's wrong about this? when you're in jail you don't have access to any of your belongings, if they kept it and refused to return her items on release that would be entirely different. unless you're talking about prison, in which case it's definitely a tobacco product which as far as I know have been banned in half of all US correction facilities, and Texas is definitely one of those states. also cops tend to do whatever the hell they please, arguing with them will only agitate them, it's a great system. :/

I love how prison staff/creators of these laws pretend they care about the health of the inmates but have no qualms about irreversible psychological damage. they're just trying to lower their health care costs and are in turn creating another black market item. save their lungs while we destroy their minds. offtopic a bit but the prison system really irks me. good luck to your friend.

 

[JoltinJoe]

From a purely legal standpoint, the police might be able to do this. Has your friend been released, or is she currently in jail awaiting trial? What was she arrested for? I don't necessarily expect you to disclose this information, but both of these are questions that would need to be answered to determine the proper outcome. The later of the two is more about the 4th Amendment, which governs searches and seizures. Assuming that the seized items do not contain illicit substances, and assuming that the police had probable cause for the seizure, they are allowed to seize contraband, fruits of the crime, criminal instrumentalities, and mere evidence. Unless your friend is under the age of 18, calling her PV a "tobacco product" has nothing to do with whether or not she will ultimately get it back. However, there are still plenty of legal reasons a cop could seize her PV.

Disclaimer: The foregoing is provided only for informational purposes and should not be construed as legal advice or guidance. Always consult an attorney before pursuing a legal course of action.

 

[DedTV]

Yes they can do that. Your rights are severely restricted when you're in police custody. And PVs are considered a tobacco product.
Even if they weren't, a PV could as easily be used a weapon as a pen or a roll of nickels and cops don't like to allow people in custody to have anything that could be used as a weapon. I doubt that's an issue, but cops understandably don't like to take chances.