UPDATED please read last post

[seamusTX]

You're toast.

Welcome to the forum. Actually, you should be OK. The only class C misdemeanors that are disqualifications are disorderly conduct (Penal Code 42.01).

See http://www.statutes.legis.state.tx.us/D ... tm#411.172" onclick="window.open(this.href);return false;

Some of us may have those old souvenirs of younger, more irresponsible days, but they had better be in the attic where probable cause for a search is hard to justify.

- Jim

[Oldgringo]

will a class c misdemeanor in TX for drug paraphernila get my application denied? the incident happend after my class and after my submission . it is a class C, misdemeanor however i just want some reasurance. an officer came to my door and in my display case at the back of my house i had my famous "college bong" that hadnt been used in years and he happend to see it and issued me a citation.

i am not a drug user it was just a piece of my history, the officer said that a class C shouldnt have any effect on my CHL. as he siezed it :-/.

however i would like some reassurance from you all.

i submitted it in the mail 7-5-10

An officer came to your door, strolled around your house and then found some sort of questionable (relic ?) item in a display case in the back of your house and took it home with him? Do these sort of things happen often in your neighborhood?

Here in the boonies, a search warrant or something is required before the "fuzz" gets to enter and stroll around my house on a fishing trip...I think.

[seamusTX]

may i ask why you said "...you SHOULD be ok."?
the should makes me nervous.

Sure. I am not a lawyer; and even if I were, I could not predict all the possible weird behavior of a huge bureaucracy.

The officer who wrote you the ticket can't possibly know that you applied for a CHL unless he was your instructor. He has a lot of better things to do than swear out a warrant and send it to DPS for something that would not be a disqualification in any case.

- Jim

[Oldgringo]

IANAL and I don't have a dog in this hunt ( ) but I am curious: was the ticket for a barking dog or was it for a darking bong?

[seamusTX]

IANAL means I Am Not A Lawyer, and therefore whatever I write is not to be taken as legal advice.

You might want to search the web for "never talk to police" and similar topics. You got off real easy.

- Jim

[Oldgringo]

he did know i applied for a chl because when he entered my house i had my copy of the application still out on the kitchen counter or my "junk pile" lies, which he noticed and asked about. he still said that the ticket shouldnt effect the chl license as its only a class C which is on the same level as a speeding ticket, just more pricey.

and the ticket was for the bong, the dogs was just a complaint, even though it was mid afternoon when they was barking which is rediculous


what does IANAL mean?

* Can the police just walk in your house and write a ticket and confiscate your property at random without a warrant?

* FWIW, a barking dog is a nuisance and we have noise ordinances even out here in the boonies.

[mgood]

he did know i applied for a chl because when he entered my house i had my copy of the application still out on the kitchen counter or my "junk pile" lies, which he noticed and asked about. he still said that the ticket shouldnt effect the chl license as its only a class C which is on the same level as a speeding ticket, just more pricey.

and the ticket was for the bong, the dogs was just a complaint, even though it was mid afternoon when they was barking which is rediculous


what does IANAL mean?

* Can the police just walk in your house and write a ticket and confiscate your property at random without a warrant?

* FWIW, a barking dog is a nuisance and we have noise ordinances even out here in the boonies.

I think this was because it was in "plain sight" when he left the door open and went to deal with the dogs. Being able to see the thing from outside the door gave the officer the right to come in and check it out. I am not a lawyer, or an LEO, but that's my understanding. Had he not seen paraphernalia from where he was standing outside, he would not have been able to just come in and snoop around.

[Shu]

Correct me if I am wrong, but I don't believe bongs are illegal in and of itself. I have heard that people collect these as decorative items. Also, if it didn't have any residue, it would be hard to proof that it was not used for tobacco. I would of told the officer you are not welcome to come in my house without a warrant. Also, this story sound too weird to me to begin with.

[Oldgringo]

Correct me if I am wrong, but I don't believe bongs are illegal in and of itself. I have heard that people collect these as decorative items. Also, if it didn't have any residue, it would be hard to proof that it was not used for tobacco. I would of told the officer you are not welcome to come in my house without a warrant. Also, this story sound too weird to me to begin with.

[Keith B]

Correct me if I am wrong, but I don't believe bongs are illegal in and of itself. I have heard that people collect these as decorative items. Also, if it didn't have any residue, it would be hard to proof that it was not used for tobacco. I would of told the officer you are not welcome to come in my house without a warrant. Also, this story sound too weird to me to begin with.

Sec. 481.125. OFFENSE: POSSESSION OR DELIVERY OF DRUG PARAPHERNALIA. (a) A person commits an offense if the person knowingly or intentionally uses or possesses with intent to use drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter.

Possession of Marijuana Paraphernalia under the above statute (subsection (a)), is a Class C Misdemeanor, punishable by a fine not more than $500. The punishments and severity of the charges increase if the pipe or bong is being sold or given to someone else, most notably, a minor.

The big fight here would be going to court and proving there was no intent to use.

EDIT TO ADD: Also, once the bong was visible from the door, the officer had probable cause and he can enter.