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#286672
LOS ANGELES — Customs officials say they got a surprise when they found 316,000 glass bongs disguised as Christmas ornaments at the Los Angeles harbor.

U.S. Customs and Border Protection said Thursday that agents found the highly decorated drug pipes in 860 boxes shipped from China. The cargo, estimated to be worth more than $2.6 million, had been described as glass figures and Christmas ornaments.

The bongs were seized Tuesday at the Los Angeles/Long Beach port complex.

Customs spokeswoman Cristina Gamez says the importer remains under investigation and there have been no arrests.
http://www.foxnews.com/story/0,2933,575 ... 960274:z10
#286685
Yeah, i wasn't aware bongs were illegal. I mean, aren't they sold as novelty items and paperweights?
#286793
matshark wrote:Yeah, i wasn't aware bongs were illegal. I mean, aren't they sold as novelty items and paperweights?
would probably been viewed on a case-by-case basis; in light of your local community standards.

usually charged as "paraphernalia", the contention of the prosectution would be that it "serves no legitimate purpose". if you could counter that, you might have a defense.
#286855
PAmedic wrote:
matshark wrote:Yeah, i wasn't aware bongs were illegal. I mean, aren't they sold as novelty items and paperweights?
would probably been viewed on a case-by-case basis; in light of your local community standards.

usually charged as "paraphernalia", the contention of the prosectution would be that it "serves no legitimate purpose". if you could counter that, you might have a defense.
we dont arrest people for having no legitimate purpose. (otherwise there would be no one on welfare) we dont confiscate things for having no legitimate purpose. (otherwise chuck south and presby would have no football equipment)

*countered*
#286868
matshark wrote:
PAmedic wrote:
matshark wrote:Yeah, i wasn't aware bongs were illegal. I mean, aren't they sold as novelty items and paperweights?
would probably been viewed on a case-by-case basis; in light of your local community standards.

usually charged as "paraphernalia", the contention of the prosectution would be that it "serves no legitimate purpose". if you could counter that, you might have a defense.
we dont arrest people for having no legitimate purpose. (otherwise there would be no one on welfare) we dont confiscate things for having no legitimate purpose. (otherwise chuck south and presby would have no football equipment)

*countered*
While I clearly agree with your counterpoints, you do know that Medic is one of Philly's finest, right? He can probably expound on why they arrest people for paraphernalia that serves no legit purpose.
#287825
matshark wrote:
PAmedic wrote:
matshark wrote:Yeah, i wasn't aware bongs were illegal. I mean, aren't they sold as novelty items and paperweights?
would probably been viewed on a case-by-case basis; in light of your local community standards.

usually charged as "paraphernalia", the contention of the prosectution would be that it "serves no legitimate purpose". if you could counter that, you might have a defense.
we dont arrest people for having no legitimate purpose. (otherwise there would be no one on welfare) we dont confiscate things for having no legitimate purpose. (otherwise chuck south and presby would have no football equipment)

*countered*
have read this 3 times and still don't get it. (and I usually understand you- just not this time)

BTW: Summary Disorderly Conduct is charged when the actions of the actor "serve no legitimate purpose", so yes- we DO arrest people for that (though a summary arrest is basically a ticket). At least, we do up here- not sure how it works in VA.

As far as drug paraphernalia- any object(s) commonly associated with a controlled substance or the use of a controlled substance, is- by definition, illegal. In other words, if the defendant cannot show it had another LEGITIMATE purpose, it IS confiscated and you WILL be charged with an additional misdemeanor.

I was speaking specifically in regard to objects COMMONLY associated with drug use- that is an important distinction to make. Though case law has shown that an otherwise innocuous object like a hammer can be viewed as an instrument of crime if its shown that the object was used in the commision of an illegal act.

It all comes down to how the case is articulated.

I think that's what you were asking. (???)
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