Items discovered at 409 Atlantic Avenue
At the time of the discovery the items were seized. At the “Shore Side Shop” (106 South Atlantic Ave) on August 24th the suspected CDS smoking devices were discovered by police in a box on the floor behind the counter. On August 30th, at the “NY Piercing” (409 Atlantic Ave) the suspected CDS smoking devices were observed in a large glass case. At the time of this discovery, the suspected contraband was found in the proximity of various items that promoted the use of Marijuana such as: ash trays, t-shirts and statues all displaying Marijuana leaves.
The business owners are identified as: (Shore Side Shop owner) – Benjamin Darmony, 48, of Berlin, Maryland and (NY Piercing owner) – Claude Darmony, 23, of Ocean City.
During the investigation, Ocean City Police consulted with the Worcester County States Attorney and determined the items were in violation of the Maryland Criminal Law Article prohibiting the sale of such items of CDS Paraphernalia.
On August 30th and 31st, OCPD officers made application for charges for these two business owners with the Ocean City District Court Commissioner and received charges for possession and distribution of CDS Paraphernalia.
Ocean City Police had previously met with both men in June 2012, and furnished them with a 15-page packet containing the Maryland Criminal Law Article governing CDS Paraphernalia, with explanations and examples of what constituted CDS paraphernalia.
The Ocean City Police Department will continue its strict enforcement of all laws related to the illegal possession and distribution of controlled dangerous substance and associated paraphernalia. Persons and or businesses involved in the use, sale or possession of these illegal substances, will be charged with these violations and prosecuted.
9 comments:
Yet you can go into any store owned by a middle eastern person and buy pipes and bongs any where on the shore.
disqusting and pathetic waste of resources
It's not paraphernalia if they are clean.only if they have a residue on them.seems line a big law suit.I mean really...ash trays ,clean pipes and the statue of liberty with marijuana leaves on it don't constitute arrest . This is why o.c.is failing under it's leadership.
11:43, residue is only one of many factors used to determine if something is considered paraphernalia.
If there was no residue in the bongs, how can it be paraphernalia? How do you know they arent selling them for tobacco? This makes no sense to me at all. This is just another example of OC getting away with illegal seizures. The issue is it will go to court and oc will work a plea with them to prevent it going to court. SMH at this...... That place really has gone down hill! Such a shame!
The police has no business telling us what we can
I believe it has alot to do with how these smoking devices are marketed 5:13 or if they are sold with that goal in mind (illegal substance use). Say for instance I go into a shop and ask if they have something to smoke marijuana in and the shopkeeper hands me one of these things then BOOM he's committed a crime.
Maybe these pipes are used for tobacco? This is insane, unless the guy advertised them as marijuana smoking devices then this is a non-issue. Either way, I agree with whoever said this is a waste of resources. Unreal, I hope someone files a lawsuit.
It was my opinion that when a "dirt head" (term used back then) went in to a "head" shop and purchased an item that is 99% of the time used to smoke ganja and not suited for Prince Albert that it constitued probable cause for a search. Usually I was right
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