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Aceman12

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CanadianCow

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The difference between Cops and the law is that Cops tend to use "common sense" and the law often has no basis in "common sense". I mean to become a lawyer takes how many years of schooling and even then lawyers don't come out knowing everything about the law so why is it that people assume Cops know more than a basic understanding. I would certainly contact the police station because it sounds like they have some officers who need to be given some proper information.

I have to admit that I would have been upset in your shoes Wyniverrn!
 

StereoDreamer

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You probably won't get much of a response filling a complaint. Asking what the laws are about e-cigarettes will get you a blank stare, unless someone there also vapes.

"Getting a response" is NOT the issue. Establishing a paper trail of misconduct for this officer is. This is NOT the first time he has abused his authority, I can almost guarantee it, and it will NOT be the last. If every person who he abused filed a complaint, eventually when he does something REALLY heinous (and he will--he is on the continuum of brutality, like a serial killer who starts with torturing squirrels, and slowly moves up to people) there will be a large enough file on him to make teh victim's case a "slam dunk"

This isn't about immediate punishment for the officer. This isn't about retaliation. It is about establishing a paper trail of misconduct, so that in the future, your report will help someone who this cop REALLY victimizes badly. Think of filing a report on an abusive cop as a Civil Rights PIF...


Just keep in mind that the way things are now, a LEO can pull you over and question anything. If he/she doesn't like your answer, or understand it, they may still arrest you and confiscate anything they find. It doesn't matter if what you are doing is legal. You may or may not get your stuff back, even when proven Not Guilty. (removed).. (let's not even mention unlabeled prescriptions....) o_O

Yeas, and you can arrest a ham sandwich for moping with intent to creep, but it won't hold up in court. A cop can accuse you of ANYTHING. And some will, just to mess with you if they don't like your looks or your attitude. When they do this, it's called a "contempt of cop" charge--they make something up, or apply a nonsensical charge to you--to punish you financially and reputation-wise by dragging you into the system and making you waste money and time defending yourself in a case they KNOW they can't win. But it doesn't matter to them because 1) they don't pay for the legal fees of the Prosecution--YOU DO through taxes, 2) they get paid--OVERTIME--to appear in court to testify for the cases they are the arresting officer in, and 3) you can't get anything out of it if you win, unless you counter-sue them under the Federal Civil Rights code, which can take YEARS. (Luckily, filing such cases is pretty cheap, and you do not pay ANY of the legal fees, because it is the US DOJ that pays for the legal fees in such cases...)
 

cyclotron

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Everyone should know their rights and be committed to stand by them. In the U.S. you have certain rights and while some things may be classified as illegal in one place and not in another you still have those basic rights. When you are detained by an officer you should think of this person as an investigator for the prosecution if it comes to that. While you should provide the required information when stopped while driving (its the law) you should really consider anything else you volunteer as possible evidence against you. You have the right to leave unless the office says you are under arrest or that they will write you a citation or summons. Stay calm! Ask if you may leave.

Read more and be educated:
Know Your Rights: What To Do If You're Stopped By Police, Immigration Agents or the FBI | American Civil Liberties Union

Everyone should know their rights
 

MattyB1503

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Take the greatful dead sticker off the back of your car lol. He really made you jump through some hoops. At least he gave you a warning. Just keep vaping on. Here's a song this thread reminds me of:
william elliott whitmore - johnny law Video Watch Online Playback Time 4 Min 31 Sec uploaded on 2 Nov 2011 | Whatiexpect.in

HAHAhaha. Whitmore, NICE. Been a minute since I listened to that track.

I would have def left in the squad car. I don't exactly have a spotless record but doesn't matter. Any cop trying to intimidate me with some hinky charge; just told um 'nah, book um Danno. You want to send my e-liquid out for lab testing, go for it.... Kick gravel and travel. '.

Prob a bit more than that..

@ OP - I wouldn't worry about it. I mean that sucks; cops like that have personal problems and or inadequacy issues. Basically they're trippin.

If it happens again (probably will not): 1) Tell him you're not sure why you're being pulled over and want to leave. 2) State that you do not have any illegal substances or paraphernalia on your person or in the vehicle. 3) Ask him "If you can't tell whether my electronic cigarette contains any illegal substances why don't you preform a field test?". 4) Ask for his full name and what department he works for.

Cops wear recording devices and cars are equipped w/ video, at least in Ca. If they don't have anything they can twist in court they'll cut you loose. A business card from a reputable civil attorney wouldn't hurt either.

You'll be fine tho. Cops are..... well they'er cop, they'er idiots.
 

Plumes.91

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ARE YOU KIDDING ME??




let us know when the trial is. I would love to hear about that officer squirming in his seat. You need to press charges right away. Please don't let this go. please don't let this go. That officer must have scared you so much, I am so sorry that this happened. YOU DO NOT need to be scared to vape in the safety and privacy of your OWN CAR. The fact that this officer went to bed tonight with a smile on his face next to his wife makes me SICK. I hope that you will consider pressing charges. That was completely out of line and this officer NEEDS to be put in his place and learn a LESSON from this BLATANT ABUSE OF POWER. DISGUSTING.
 
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Plumes.91

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"at least he gave you a warning"

ARE YOU SERIOUS? WHERE IS YOUR HUMANITY? THIS OFFICER NEEDS TO BE PUT IN HIS PLACE. HE NEEDS CHARGES PRESSED AGAINST HIM. THIS IS OBVIOUSLY NOT HIS FIRST TIME COMPLETELY GOING AGAINST HIS TRAINING, FORCING A LAW ABIDING CITIZEN TO SWEAT FOR NO GOOD REASON. THIS OFFICER IS SCUM. HES A SCUMBAG. THIS MAKES ME SICK AND SENDS ELECTRICITY THROUGH MY BODY. OH MY GOD. PEOPLE ARE LAUGHING THIS OFF?? THIS IS NOT A LAUGHING MATTER. THIS IS A PUBLIC SERVANT ABUSING HIS POWER.
 

lisancentraltx

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I'd be filing a formal complaint and possibly contacting an attorney. That's absolutely ridiculous. It's akin to being pulled over and harassed for drinking a Pepsi because it comes in the same container as beer does. Yeah, I'd be on the phone with a lawyer tomorrow. But I'm a bit of an antagonist.[/QUOTE


you should go to the police dept. and talk to his supervisor bout training this cop better, obviously he doesn't know the law.

and for the record it is illegal to drink pepsi and drive. the law states that it is illegal to drink and drive,it doesn't mention alcohol only, it is being distracted while driving. look it up and you will see. just a heads up.

Where are you getting open container = ANY open container? Texas Penal Code Section 49.031 is specific to "Open container" meaning 'a bottle, can, or other receptacle that contains any amount of alcoholic beverage and that is open, that has been opened, that has a broken seal, or the contents of which are partially removed'...

There are new laws in the mix for the UK where you cannot be driving with ANYTHING in your hand, there are some states that have responded to TEXTING and driving, but Texas is pretty specific to open container referring to an alcoholic beverage versus your local Starbucks coffee.
 

Plumes.91

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lisancentraltx

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Perhaps you should hold onto the now empty bottle of e-liquid so that if this develops it can be tested.... It is probably too late, having it bagged and sealed immediately would have been a nice move.

Well, at least we all know what we would do individually in the situation. I want an escort directly to the police station and a report filed, names taken, samples tested, and a public record of everything. Barring that, when an officer says, "I am letting you off with a warning', I am going to ask for a written warning from that little yellow/pink slip pad they have... I forget the color. I had one framed years ago when I was stopped speeding and got a warning. I will then go straight to the police station and turn in everything to be tested. The office says it's illegal, I want some proof... prove there's an illegal substance. After all, I don't want to be breaking the law!
 

Plumes.91

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You need to contact an attorney IMMEDIATELY if you'd like to press charges. I hope you will. Please let us know if you'd like us to contact CASAA for you, or, you could contact them yourself. They will be happy to help you I'm sure. This is SAD. You are NOT alone and many of us WILL stand with you through this.
 

frankyfive

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I cant believe the ignorance. Im a newbie but Vaping is legal and has been around for years. I was just sharing with my group how I got introduced to vaping...my local police chaplain. Seriously. He and his son actually launched their own website to sell PVs that cater to police, military and first responders. I'm gonna share this story with him see if i can send him to Mousetown!
 

elmattias

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the part about the illegal drugs pisses me off.....i'm going to go off the rail and i might use a little language on this rant guys, so be warned ahead of time.

firstly: our vaporizers CANNOT vaporize any illicit substances and get the effects of that illicit substance because, quite frankly, most of them can't get hot enough.

secondly, it is nearly impossible to get (that "illegal" {except in two states} herb which shall not be named) to dissolve into, or separate it's active chemical into PG and/or VG and vape it....it just doesn't carry over into WATER VAPOR because IT BINDS TO LIPIDS (fat cells)....he was clearly a .... pig traffic cop that has no knowledge of drugs and had no right to say what he did because he clearly was a complete dumb.... in matters like that...in cases like this he should have called in the drug detectives who would have brought a test kit for (that herb which shall not be named) to see if it was in your juice.

another thing- you did NOT have to subject to field sobriety, you did NOT have to subject to a breathalizer, he DID NOT HAVE THE RIGHT AT ALL to search your vehicle without a warrant...he had nothing, and i mean NOTHING ON YOU....you didn't have to dump that juice, if you would have been taken in for not dumping it and they would have tested it he would have looked like the biggest ....... on the police force....not to mention he would have opened himself up to a nice lawsuit.

i'm done...i'm taking the soapbox to another thread....till i return, keep it real NWA, .... the police.
 

Plumes.91

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PLEASE contact a lawyer. For those of us that feel very passionate on the subject of keeping e-cigarettes and personal nicotine vaporizers legal, I think I speak for a large quantity of us when I say I'd really like you to get justice. Not just for the humiliation and angst that this officer put you through, but also so that this NEVER happens again, to ANY vaper. Not only so that this doesn't happen again to a VAPER, but so that there will be EYES on this power hungry police officer, so that he will not do this to anyone for ANYTHING that is NOT illegal ever again. I hope that you will at least consider contacting CASAA with me. Thank you for your consideration.
 

elmattias

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PLEASE contact a lawyer. For those of us that feel very passionate on the subject of keeping e-cigarettes and personal nicotine vaporizers legal, I think I speak for a large quantity of us when I say I'd really like you to get justice. Not just for the humiliation and angst that this officer put you through, but also so that this NEVER happens again, to ANY vaper. Not only so that this doesn't happen again to a VAPER, but so that there will be EYES on this power hungry police officer, so that he will not do this to anyone for ANYTHING that is NOT illegal ever again. I hope that you will at least consider contacting CASAA with me. Thank you for your consideration.

i agree, you don't want to rake this guy over the coals here, you want to smash his face in them and tie him down over them, this is absolutely ridiculous, and would absolutely be a case of police harassment from some swinging .... pig that wants to make a name for himself and find all manner of things to try and pull people in....it truly is a shame that it has gotten to the point where "the land of the free" means jack .... nowadays because every cop wants to put everyone in jail over stupid crap....we already have the highest prison populous IN THE WORLD (yeah, land of the free....) yet .... like this keeps happening because poor folks like you don't know any better...

what's really sad is that we, as vapers trying to better ourselves by quitting cigarettes, have to become more accustomed to laws because the government wants to suppress us because we take a piece of their pie....we already have to walk on eggshells about it, and then d*****bag dumb.... pieces of .... like this guy come along and kick us while we're down....you have to decide when enough is enough for you and blow the whistle on .......s like this.
 
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bedhouin

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- Idiot cop (not unusual)
- Thinks his opinion is as good as law (not unusual)
- Waiting for you to test the boundaries by your protest so he can proceed to the next step (not unusual)

As a lady driving by herself, I think you did the right thing by thanking him for his advice and not making a fuss, because the end result was that he let you go.

Would *I* ignore his advice and keep vaping in future? Absolutely. He probably wouldn't have been able to get you past the duty sergeant if he was stupid enough to attempt arrest.

At the end of the day all he did was make you pour out the remaining eliquid, talk nonsense, and waste your time.

He's a knob. Cheer up, you've done nothing wrong.
 
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