pulled over for vaping

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magz

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Jun 21, 2010
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Reno, NV
Holy crap what a douche bag!!! I only read the first page of posts, so forgive me if I'm redundant. This man had absolutely NO probable cause to search you. You should have said no. Now this may have entailed a longer stop because he may have called "backup" but his so called probable cause was your completely legal PV. If you refused and he attempted to arrest you or further harass you you, or detained you while he searched your car against your will you would have a serious law suit on your hands. Don't get me wrong, usually law suits are more hassle and money than they are worth, but in such a case your 4th amendment would be violated. And violated over something completely legal.
If it were me this happened to there is good chance I would be detained and cause myself more hassle, and although I doubt I would sue (like I said, usually not worth the time and effort and cash you have to put into it all) I would absolute contact every local newspaper and news station to try and spread the word.

I agree completely with the suggestion of going down to the police station, but you might want to consider writing the local newspapers and at least writing a, okay, I'm having a major brainfart when it comes to the name of this, but where local people write into the newspaper about various things and the newspaper actually publishes these peoples little articles/columns. I know when I hear the name I'm going to feel ......ed, but oh well. Anyway, I would definitely try to put it out there.
Good luck, and I'm sorry about your experience! I'm frickin ...... OFF for you!!!!
 
I'm so glad I live in a small town in which the police recognize me while I'm out and about and can put two and two together that "that (insert filial reference) boy used to smoke cigarettes constantly while walking to work and to friends' homes but now uses an electronic device constantly while walking...." Not that a cop around here would legitamately confuse this with illegal activities since they're known to be heavily involved in the distribution network of said activities. I really love living in a police state by, for, and of the wealthy and powerful.
 

Veoto

Full Member
Jul 20, 2010
6
0
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Denton, Tx
ive smoked a pipe in a car, sometimes right in front of a cop.. ahhh the old days

In my town it is extremely common. I live in a college community and smoke trips are made numerous times throughout the day for the students who live in the dorms (not that I'd know anything about that... :facepalm:). With the exception of the "in front of a cop" part. Without education, whether you've encountered it or not, he had a very legitimate first reaction. However, his "don't do it again" statement was a step overboard, and I would take some of the other advice in this thread and speak with one of his superiors.

Oh.. and hello everyone. First post here :)
 
In my town it is extremely common. I live in a college community and smoke trips are made numerous times throughout the day for the students who live in the dorms (not that I'd know anything about that... :facepalm:).

Ditto here with cornell and ic in town the cops are always on the prowl for violatirs from whom to collect "evidence"... They won't be wasting their time on me when there are kids driving around with water pipes going.

Now, I know "drug talk" is unallowed for good reason but let's face it: when talking about others' interpretation of what they see when I'm vaping in my brother's car or walking on a wooded pedestrian path it will inevitably come up. Also, and I know this is for legal reasons as well, but it's extremely inaccurate to describe other drugs as being just that and to describe tobacco products as being something different. That's like saying that sugar is a sweetener but sucralose is not. Caffeine is also a drug but only Mormons seem to care too much about that! It even has considerable health risks and is highly addictive... hmmm.
 

blackwalk

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Jul 9, 2010
131
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Panama City, FL
It's the fact that he refused the education that is aggravating. While he admits that the OP was doing nothing wrong, he still warns her not to do it again. Sounds like he is attempting to be judge and jury rather than just enforcement.

It also could have been a friendly warning that the local cops don't know about PVs and others could make the same mistake he did.
 

HeatherC

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Jun 30, 2010
1,731
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New York
Holy crap what a douche bag!!! I only read the first page of posts, so forgive me if I'm redundant. This man had absolutely NO probable cause to search you. You should have said no. Now this may have entailed a longer stop because he may have called "backup" but his so called probable cause was your completely legal PV. If you refused and he attempted to arrest you or further harass you you, or detained you while he searched your car against your will you would have a serious law suit on your hands. Don't get me wrong, usually law suits are more hassle and money than they are worth, but in such a case your 4th amendment would be violated. And violated over something completely legal.
If it were me this happened to there is good chance I would be detained and cause myself more hassle, and although I doubt I would sue (like I said, usually not worth the time and effort and cash you have to put into it all) I would absolute contact every local newspaper and news station to try and spread the word.

I agree completely with the suggestion of going down to the police station, but you might want to consider writing the local newspapers and at least writing a, okay, I'm having a major brainfart when it comes to the name of this, but where local people write into the newspaper about various things and the newspaper actually publishes these peoples little articles/columns. I know when I hear the name I'm going to feel ......ed, but oh well. Anyway, I would definitely try to put it out there.
Good luck, and I'm sorry about your experience! I'm frickin ...... OFF for you!!!!


Editorial ?
 

radicaljd

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Jun 16, 2010
705
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San Antonio, Texas
This man had absolutely NO probable cause to search you. You should have said no. Now this may have entailed a longer stop because he may have called "backup" but his so called probable cause was your completely legal PV. If you refused and he attempted to arrest you or further harass you you, or detained you while he searched your car against your will you would have a serious law suit on your hands.

I'm an attorney, with a significant part of my practice being criminal defense...

What probably happened was the officer stated his wish to search the car, and when OP said okay, it was a consent search. If you give consent to a search, no probable cause is required.

The thing is, police officers don't go out of their way to make sure that a person knows that he or she can refuse consent. They make it seem that you don't have a choice, using psychological manipulation techniques in their oral and body language. In so doing, they don't need to worry about probable cause.

RadicalJD
 

Ast_Isis

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Oct 7, 2009
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Fort Worth, TX
Just as with everything in life, there are good and bad cops. Try and remember that these people are paid to put their lives on the line for us.

That being said, it is sad that you were harassed but I believe you handled the situation correctly. ( Except for the search, never consent to a search voluntarily.) Calling the station and setting up an appointment will benefit other vapers while educating the police department. You might even convert a few of them to vaping! :D
 

NaOH

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ECF Veteran
Jun 15, 2010
139
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United States
I got pulled over two weeks ago and had two stainless eGo's on me, one in my cup holder center console, probable not visible to the officer, and one laying plainly on my passenger seat. I know its possible he didn't see either, but these guys are usually as visually sharp as hawks. The officer never said a word about it, regular traffic stop for me. I guess he was either educated on the matter, or really didn't notice.

I'm almost thinking he didn't notice, I didn't get pulled over while vaping, it was for other reasons.
 

opaqueRED

Full Member
Jul 19, 2010
24
0
Illinois
I got pulled over two weeks ago and had two stainless eGo's on me, one in my cup holder center console, probable not visible to the officer, and one laying plainly on my passenger seat. I know its possible he didn't see either, but these guys are usually as visually sharp as hawks. The officer never said a word about it, regular traffic stop for me. I guess he was either educated on the matter, or really didn't notice.

I'm almost thinking he didn't notice, I didn't get pulled over while vaping, it was for other reasons.


you might also live in an area where people are kind of familiar to the idea. around where i live, there's not a problem with confusion really.
 

Trance

Full Member
Jun 7, 2010
52
0
37
Texas
When Im driving at night, I usually just cover the end of my PV with my fingers so that it doesn't light up where others can see, because I have been kindof nervous of being pulled over at night for the LED..LEO's(Law enforcement officers) are not always the most understanding or "eager to be informed" type of people Haha. Sorry about your experience though..that is rediculous
 

fizil

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Jul 8, 2010
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Norcross, Ga
www.ivape.net
2 weeks ago I was driving on the highways finishing up my analogs before I ordered my 510. I finished up my smoke and went to toss it out the window. Well that sucker flew back in between my back and the seat. Luckily my brother was sitting next to me to get it. I was not near an exit for another mile or so. I'm pretty sure that's 10000000% more dangerous than vaping...well unless you're dripping and driving. Also I've swerved when ash has flown into my eyes. Then had a hell of a time being able to see as i'm teared up and blurry eyed from all the stinging.
 

HeatherC

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Jun 30, 2010
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2 weeks ago I was driving on the highways finishing up my analogs before I ordered my 510. I finished up my smoke and went to toss it out the window. Well that sucker flew back in between my back and the seat. Luckily my brother was sitting next to me to get it. I was not near an exit for another mile or so. I'm pretty sure that's 10000000% more dangerous than vaping...well unless you're dripping and driving. Also I've swerved when ash has flown into my eyes. Then had a hell of a time being able to see as i'm teared up and blurry eyed from all the stinging.


I agree!! And yes dripping and driving is difficult. Heck if you're as uncoordinated as I am dripping and RIDING is difficult LOL:blush:
 

LowThudd

Vaping Master
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Jul 2, 2010
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I am a GUY from L.A. not girl. lol
Scar on my wrist from a cherry that got bumped off my cig while in the middle of traffic. Stuck to my wrist and I wasn't able to do anything about it untill I was able to stop. Could have been worse, I could have been drinking to and my booze could have caught on fire.:laugh:(J/K, I DO NOT drink and drive)

IMAG0026.jpg
 
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