SMOKE SHOP SEARCH WARRANT HAS NEW TWIST

DOVER - Police served a search warrant yesterday on a retail store for
the very items sitting on its shelves in what they called a statewide
first.

More than 200 pipes, bongs and glass pieces were seized yesterday
morning from Smoke Signals, 1 Main St., according to Lt. Anthony
Calorusso. The shop opened less than a month ago.

Charges were brought against Susan Hargrove, 20, of 12 Beechstone,
Apt. D-5, Exeter. She was charged with sale of drug paraphernalia
after the sale of several items to an undercover officer, police said.

Not charged was lessee Kelly Hargrove of 50 Brookside Drive, Exeter.
Calorusso, however, said charges would be filed against her.

Chief William Fenniman called the affidavit supporting the search
warrant groundbreaking. He said he hoped other law enforcement
officials could follow suit.

"It's a unique way of using the law appropriately," Fenniman said.
"And we think, if successful, any city or town will be able to use a
search warrant to shut down any head-shop in America."

Also among the items collected was smoking paraphernalia designed to
hide or disguise the material being smoked, as well as a liquid that
claims to clear the consumer's body of toxins in order to pass a urine
test.

"Why would you have to pass a urine test for tobacco?" Fenniman
said.

The warrant, signed by a Superior Court judge, was granted on the
basis of a state law that states: "It shall be unlawful for any
person, at retail, to sell or offer for sale any drug paraphernalia"
denoted specifically for ingesting marijuana, cocaine and hashish.

Typically, smoke shops post signs stating that all items within the
store are for tobacco use only, as did Smoke Signals. Calorusso,
Fenniman and Strafford County Attorney George Wattendorf all said such
a sign does not inoculate a person from the law.

Police had to show that the items in Smoke Signals were actually
intended for drug use, rather than tobacco. For that, they turned to
the testimony of law enforcement officials, members of the state
Attorney General's Drug Task Force, and Dover High School's assistant
principal, Frances McNally.

The affidavit states that items like the ones confiscated yesterday
are used for ingesting drugs such as marijuana, crack cocaine and hashish.

Susan Hargrove is scheduled to appear in Dover District Court on Nov.
9. Kelly Hargrove could not be reached for comment.