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Posted: 9/6/2018 7:37:07 PM EDT
So hypothetically , you are on duty, watch a person blow through a red light and narrowly miss hitting a school bus full of kids. Lights sirens, full stop, person is fully awake just a crap driver. Person has prior drug arrests/convictions, currently on parole, person consents to search of vehicle, during search you find a prescribed inhaler with an albuterol cartridge(IE potential life saving asthma medication) that has been converted to a bong. (cover plastic in foil, inhale while burning, remove foil insert cartridge to stop the asthma. The bong has weed residue in it, car reeks of weed, obviously been used to smoke weed. seizing drug paraphernalia is cake walk right, BUT how do you deal with the "they took my life saving albuterol inhaler device". Is there potential legal blowback?
Link Posted: 9/6/2018 8:37:10 PM EDT
Originally Posted By fsjdw2:
So hypothetically , you are on duty, watch a person blow through a red light and narrowly miss hitting a school bus full of kids. Lights sirens, full stop, person is fully awake just a crap driver. Person has prior drug arrests/convictions, currently on parole, person consents to search of vehicle, during search you find a prescribed inhaler with an albuterol cartridge(IE potential life saving asthma medication) that has been converted to a bong. (cover plastic in foil, inhale while burning, remove foil insert cartridge to stop the asthma. The bong has weed residue in it, car reeks of weed, obviously been used to smoke weed. seizing drug paraphernalia is cake walk right, BUT how do you deal with the "they took my life saving albuterol inhaler device". Is there potential legal blowback?
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Photograph as is and return it in its legal state. We photo and then dispose ALL paraphernalia at my dept otherwise we would need a separate building for crack pipes, bong etc.

Never in 23 years have I had to produce the actual paraphernalia for court.

J-
Link Posted: 9/6/2018 10:46:05 PM EDT
[Last Edit: 9/6/2018 10:52:44 PM EDT by ColtRifle]
Wouldn't be a bong. It is a pipe.

If you use your legit medical device to smoke illegal drugs, you are stupid. Once you start using your legit device for illegal purposes, it's not a legit device any more.

If you are smoking weed, I doubt the inhaler is actually life saving. Seize, prosecute, destroy.

Life is hard but it's harder when you are stupid.
Link Posted: 9/7/2018 2:26:26 AM EDT
If an arrest is made, test/photograph/seize the inhaler as paraphernalia.

As for the legal ramifications, our jail has a full medical staff to look after his asthma.
Link Posted: 9/7/2018 5:50:41 AM EDT
Originally Posted By fsjdw2:
So hypothetically , you are on duty, watch a person blow through a red light and narrowly miss hitting a school bus full of kids. Lights sirens, full stop, person is fully awake just a crap driver. Person has prior drug arrests/convictions, currently on parole, person consents to search of vehicle, during search you find a prescribed inhaler with an albuterol cartridge(IE potential life saving asthma medication) that has been converted to a bong. (cover plastic in foil, inhale while burning, remove foil insert cartridge to stop the asthma. The bong has weed residue in it, car reeks of weed, obviously been used to smoke weed. seizing drug paraphernalia is cake walk right, BUT how do you deal with the "they took my life saving albuterol inhaler device". Is there potential legal blowback?
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Not at all. Once you can show that that it was used outside of its intended purpose for the consumption of weed or any other narcotic, it becomes contraband and can be seized as evidence.
Link Posted: 9/8/2018 3:07:47 PM EDT
I don't think you fully 'get' what he's asking.

Dude is doing meth through his oxygen generator somehow. Clearly, one part of the law says it's been adulterated from FDA-approved method of use, and is now clearly contraband.

BUT

Is there law or regulation guiding or restricting taking someone's RX medical durable equipment for law violations?

What happens when Mister law abiding yute in a wheelchair shows up on eye in the sky 13, crying to tits mchgee on the scene about how the mean officer -wheeze- took his inhaler -croak- he cant's get no airs now -wheeze- cops trnya kill him, lyin on him about -coff coff- using his inhala to do the dopes.

They show a picture of him in his choir outfit, and then they show a picture of OP coming out of court after being provoked for thirty minutes by defense counsel while the prosecutor sat there on their tablet.

OP

Good question. Maybe as part of your patter, you ask if they presently have any symptoms, then possess a spare or backup, or advise them to go to the pharmacy and replace it at once after you cite and release. Offer an ambulance or something to have them refuse transport on body cam, too? Dunno. Betting you don't have a department policy addressing this...
Link Posted: 9/8/2018 6:31:27 PM EDT
Didn't know an albuterol inhaler was also an oxygen generator.
Link Posted: 9/9/2018 8:52:34 PM EDT
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Originally Posted By ColtRifle:
Didn't know an albuterol inhaler was also an oxygen generator.
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He also wasn't doing meth through it either. H Y P E R B O L E
Link Posted: 9/11/2018 2:23:26 PM EDT
Link Posted: 9/11/2018 2:42:26 PM EDT
Transport to ER. If he needs care he can get it while the investigation is underway.
A paramedic student from Idaho told me several inmates were causing themselves to have high blood sugar, getting a insulin dependent diabetes diagnosis and getting medicaid to pay for insulin pumps. They then would intentionally get arrested to smuggle drugs (either liquid synthetic or some kind of drug) into the jail and distribute at will all the while using this "medical device" as a defense
Link Posted: 9/12/2018 12:12:14 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By jjc155:

Photograph as is and return it in its legal state. We photo and then dispose ALL paraphernalia at my dept otherwise we would need a separate building for crack pipes, bong etc.

Never in 23 years have I had to produce the actual paraphernalia for court.

J-
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I would love to be able to do that. Do you have a policy on that? We have guys that take every little thing and it just clogs up our storage. And on top of that, WY doesn't have a paraphernalia law.
Link Posted: 9/13/2018 10:09:09 AM EDT
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