Trespassing

[Adam Johnson]

Jurisdiction

Massachusetts

I couldn't find another place that was appropriate for this question, so here goes.

Last night me and my friends were driving around, trying to find a place to smoke some Cuban cigars I brought home from the Bahamas. We went to this abandoned outdoor "Town Pool", We enter the lot, and just as we are entering, a cop is leaving. He immediately turns on the spotlight and stops us.
He asks why we are going down there, and we say some things. He also asks if we were possessing anything illegal, we said no, and kept saying he would write us up for trespassing. Then he left.

So two questions here.

1) Is possession of tobacco underage illegal?

2) Could he actually get us for trespassing? (We weren't even 10 feet into the driveway before he caught us, and he was already technically trespassing himself)

3) What is the right thing to do when next encountered with this situation?

 

[adjusterjack]

1) Is possession of tobacco underage illegal?

The sale or giving of tobacco products to minors is illegal in MA but I haven't found anything illegal about possessing tobacco products. But that's not to say there isn't something. I don't have time to read all of MA laws.

However, possession of Cuban cigars is illegal under federal law.

Cuban Assets Control Regulations, 31 C.F.R. Part 515, are administered and enforced by the Office of Foreign Assets Control. According to their website: "Criminal penalties for violating the Regulations range up to 10 years in prison, $1,000,000 in corporate fines, and $250,000 in individual fines. Civil penalties up to $65,000 per violation may also be imposed."

So you risk digging yourself a big hole just by possessing the Cuban cigars.

2) Could he actually get us for trespassing?

Yes.

(We weren't even 10 feet into the driveway before he caught us,

You could have been one inch into the driveway and still be trespassing.

he was already technically trespassing himself)

If you don't understand how incredibly stupid that remark is then I don't know what to tell you.

3) What is the right thing to do when next encountered with this situation?

1 - Develop some common sense, if that's even possible at your age.

2 - Get rid of the Cuban cigars. They are illegal.

3 - Stay the hell out of other people's property.

You got off damned lucky that the copy didn't arrest you on the spot and search your vehicle.

 

[Highwayman]

What on Earth does this have to do with parking tickets, tows and impounds??? You could have done much better than this area.

 

[Adam Johnson]

The sale or giving of tobacco products to minors is illegal in MA but I haven't found anything illegal about possessing tobacco products. But that's not to say there isn't something. I don't have time to read all of MA laws.

However, possession of Cuban cigars is illegal under federal law.

Cuban Assets Control Regulations, 31 C.F.R. Part 515, are administered and enforced by the Office of Foreign Assets Control. According to their website: "Criminal penalties for violating the Regulations range up to 10 years in prison, $1,000,000 in corporate fines, and $250,000 in individual fines. Civil penalties up to $65,000 per violation may also be imposed."

So you risk digging yourself a big hole just by possessing the Cuban cigars.



Yes.



You could have been one inch into the driveway and still be trespassing.



If you don't understand how incredibly stupid that remark is then I don't know what to tell you.



1 - Develop some common sense, if that's even possible at your age.

2 - Get rid of the Cuban cigars. They are illegal.

3 - Stay the hell out of other people's property.

You got off damned lucky that the copy didn't arrest you on the spot and search your vehicle.

I read somewhere that Obama passed a law in 2014 about transporting Cuban cigars. One person may carry 100$ or less worth of Cuban cigars home on a flight. Which indeed I did. So if the TSA did nothing about them in my cary-on, then how could the police?

 

[Adam Johnson]

US ban on Cuban cigars comes to an end as Barack Obama's détente with Cuba begins this is the link to the new law on Cuban Cigars that I read about.

 

[adjusterjack]

OK, they're legal.

So why are you and your friends sneaking around at night looking to smoke them in places you've got no business being?