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Can the police confiscate a legal item that has no legal uses?

  • 03-08-2014 12:22am
    #1
    BetterThanThou
    Registered Users, Registered Users 2 Posts: 944 ✭✭✭BetterThanThou


    Alright, so pretty much, a friend of mine had a totally legal item that he purchased in a shop, however, said item has no real uses other than for consumption of an illegal substance. He was caught with it, it was brand new and had no trace of illegal substances in it as it hadn't been used. The police officer confiscated it.
    He thinks the police officer was in the wrong, as it wasn't an illegal item. Though, I believe the police officer was totally right, as he clearly had intent to use it for illegal purposes. Which one of us is correct?


Comments

  • #2
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #3
    A Primal Nut
    Registered Users, Registered Users 2 Posts: 5,949 ✭✭✭A Primal Nut


    If it's legally sold in a shop then I don't see how it could be confiscated. Bit of a strange one.


  • #4
    efb
    Closed Accounts Posts: 35,514 ✭✭✭✭efb


    Is it a bong?


  • #5
    Lmklad
    Registered Users, Registered Users 2 Posts: 433 ✭✭Lmklad


    A Primal Nut wrote: »
    If it's legally sold in a shop then I don't see how it could be confiscated. Bit of a strange one.

    Consider samurai swords. Not illegal to sell them but can be illegal if in a public place with them!


  • #6
    BornToKill
    Registered Users, Registered Users 2 Posts: 1,053 ✭✭✭BornToKill


    It's an offence to sell most types of samurai swords. It has been since 2009 when SI 338 added them to the list of offensive weapons.


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  • #7
    budsalt
    Registered Users, Registered Users 2 Posts: 26 ✭budsalt


    Unless there is specific law against being in possession of the said item. If it's not been used and depending on the laws of your country of domicile then it should be returned to it's owner. In most countries, to be classified as drug paraphernalia it must contain residue of an illegal substance.


  • #8
    seamus
    Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    If they believe the item constitutes evidence in an investigation, then yes they can seize it on the spot. Of course failure to charge you with anything means they have to give it back.


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