Could a syringe cap in one's car be considered paraphrenalia?

RaverMadness

RaverMadness

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Say someone pretty much lives out of their car - not literally, but they've got a bunch of stuff in there, clothes, CDs, magazines, etc. Things get lost. Sometimes people leave weird shit in this person's car - they found a package for plus-size fishnets on their back seat this morning.

If someone was injecting heroin in this person's back seat and dropped the cap from the syringe and couldn't find it, could this be considered paraphrenalia if a police officer conducting a search found it? Granted, it would take a very long time given the sheer amount of crap on the floor of this person's car.

In a situation like this, how important would it be for the person to immediately remove said syringe cap from wherever it is in the car?
 
Good to see you in here CMB.

I don't think it would realistically be considered paraphernalia unless it had some sort of residue on it, in which case it would probably be fair game.

It's always better to be safe than sorry and I would advise this person to make a reasonably diligent effort to keep as little paraphernalia in the car, or anywhere for that matter, as possible.
 
would it make a difference if it was in plain sight during a traffic stop? could this be considered probable cause? would it basically be the officer's judgement call?
 
I doubt that anyone would recognize it for anyhting more than a piece of plastic.
 
it could be, and also couldnt be.
a smart cop may ask you questions about it if they found it and knew what it was but it's not enough to do a fucking thing.
a simple answer is "a friend is diabetic" or even just "whats that?"

police cannot justify a syringe cap as pariphinalea.(sp?)

a crack pipe on the other hand.
and yeah you get the idea.
hope ive been helpful
:)
 
^^^^^
Please don't give absolute advice without firm evidence to assert your claims. Police operate within the context of the situation. They see someone suspicious in a known high-drug neighborhood, they are pulled over on a traffic stop and see the syringe cap in the car. This could, in turn, be seen as probable cause for the officer to explore further, including searching your car. Whether or not it stands up in court, is of course, another issue entirely. However, the best advice, as Mariposa said above--don't give officers the chance to be suspicious.
 
Probable cause is to law as the unicorn is to mythology.

Probable cause is based upon the "toatlity of the circumstances" combined with the officers experience etc.

As far as the cap being paraphernalia, under the facts set forth above, I cannot possibly see a conviction under the circumstances.

Paraphernalia is generally defined as an object or device which is primarily designed for the use of engaging in illegal drug usage. I just cannot see a syringe cap falling into this category. It may be part of a device (syringe in this case) but the cap cannot be used to engage in illegal drug usage.

Can you be charged with it? Of course. However, any lawyer worth her salt should refund your retainer fee if she cannot have the case dismissed.
 
In many juristicions in australia possessing needles is not illegal. It has been taken out of the paraphernelia context. This is due to needles being used for totally legal means. We even have needle exchanges where you can take yor old ones for new ones. The admistration is trying to tackle the problems with needles from a health perspective as opposed to a legal one.
 
yr right, in aust it is not illegal to posses needles, however if you are found to have them in your possession it DOES give the police a reason to look further. you should never admit to using (even in the past) best answer to give is that you found them and intend to return them to a needle syringe program (NSP) which for interests sake used to be called NSEP but they have taken the word exchange out of the title bcos some people thought that in order to access such a service that they would need old syringes in order to be able to get new ones, hence the term "exchange" these services are willing and able to supply clean syringes free of charge to whoever may request them regardless if they have used ones to return. NSPs do encourage, provide and promote safe disposal for all used injecting equipment and are sometimes funded on the basis of their return rates
 
Syringes arent illegal. As far as I know that is.


Spore Syringes can be hanging from your mirrors, the only illegal part is the SHROOMS that can be grown, not the spore.
 
My cousin was pulled over in the ghetto after a cop sall that he was white and found a syringe cap in the car. They arrested him for poss. of paraphanelia but they charge was later dropped. I think it all depends on the cop and situation
 
if you get pulled over and they find a seed(of weed)..just one seed, any bad or container or pipe becomes para. but a empty clean pipe is nothing at all....so if they find anything else around it just might be..
Chicken
 
First, this is going to depend on the state law if it is a state prosecution (which it most likely is), so we'd need to know what state your in.

For an example, I have the federal statute set out below, on which many state statutes are based. Basically, the definition of paraphernalia is extremely broad, and could easily include a syringe cap. Notice that the statute refers to items designed "for use in ... injecting" controlled substances. A syringe cap can easily be construed as being used in the injection of controlled substances. The fact that it is not necessary for using the syringe is irrelevant; as long as it is intended to be "used in" the injection process, that's sufficient.

Notice, however, that the broad definition is also tempered by an intent requirement, "primarily intended or designed for use..." with controlled substances. Thus, to get a conviction, the prosecutor would have to show that the syringe cap was intended to be used in injecting a controlled substance. Also, items which have common legitimate uses may be less likely to be defined as paraphernalia.

Thus, while technically the cap is paraphernalia since it was used in the activity of injecting heroin, a conviction is unlikely.

Certainly, it could be used as the basis for probable cause to search the car, depending on all the surrounding circumstances.

Here is the federal statute dealing with paraphernalia:

21 U.S.C. § 863. Drug paraphernalia

(a) In general

It is unlawful for any person--
(1) to sell or offer for sale drug paraphernalia;
(2) to use the mails or any other facility of interstate commerce to transport drug paraphernalia; or
(3) to import or export drug paraphernalia.

(b) Penalties

Anyone convicted of an offense under subsection (a) of this section shall be imprisoned for not more than three years and fined under Title 18.

(c) Seizure and forfeiture

Any drug paraphernalia involved in any violation of subsection (a) of this section shall be subject to seizure and forfeiture upon the conviction of a person for such violation. Any such paraphernalia shall be delivered to the Administrator of General Services, General Services Administration, who may order such paraphernalia destroyed or may authorize its use for law enforcement or educational purposes by Federal, State, or local authorities.

(d) "Drug paraphernalia" defined

The term "drug paraphernalia" means any equipment, product, or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance, possession of which is unlawful under this subchapter. It includes items primarily intended or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, hashish oil, PCP, methamphetamine, or amphetamines into the human body, such as--
(1) metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
(2) water pipes;
(3) carburetion tubes and devices;
(4) smoking and carburetion masks;
(5) roach clips: meaning objects used to hold burning material, such as a marihuana cigarette, that has become too small or too short to be held in the hand;
(6) miniature spoons with level capacities of one-tenth cubic centimeter or less;
(7) chamber pipes;
(8) carburetor pipes;
(9) electric pipes;
(10) air-driven pipes;
(11) chillums;
(12) bongs;
(13) ice pipes or chillers;
(14) wired cigarette papers; or
(15) cocaine freebase kits.

(e) Matters considered in determination of what constitutes drug paraphernalia

In determining whether an item constitutes drug paraphernalia, in addition to all other logically relevant factors, the following may be considered:
(1) instructions, oral or written, provided with the item concerning its use;
(2) descriptive materials accompanying the item which explain or depict its use;
(3) national and local advertising concerning its use;
(4) the manner in which the item is displayed for sale;
(5) whether the owner, or anyone in control of the item, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products;
(6) direct or circumstantial evidence of the ratio of sales of the item(s) to the total sales of the business enterprise;
(7) the existence and scope of legitimate uses of the item in the community; and
(8) expert testimony concerning its use.

(f) Exemptions

This section shall not apply to--
(1) any person authorized by local, State, or Federal law to manufacture, possess, or distribute such items; or
(2) any item that, in the normal lawful course of business, is imported, exported, transported, or sold through the mail or by any other means, and traditionally intended for use with tobacco products, including any pipe, paper, or accessory.
 
PottedMeat said:
^^^
Nice post but, caps alone do not qualify as paraphernalia. No way.%)
Click to expand...

Why not? If they are "used in" the process of injecting heroin, they they technically meet the terms of the statute. If a tiny spoon can be paraphernalia, why not a syringe cap?

I agree with you, though, that for all practical purposes, a conviction is extremely unlikely.
 
Caps are not "used in" the process any more than the wrapper is that it comes in. IE. it would be very simple to argue that the syringe is equally effective with or without the cap. The cap is merely for "protective" purposes. Hence, it does not fall within the def. IMO.:)
 
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