They don't care if you are actually using it or not, as they just go on the fact that if you are holding it you are guilty.
It's kind of the same thing as my Brother having a cigarette snuffer/container magnetically mounted on his motorcycle.
Even though he has this and uses it, if they see him with a cig in CA while on the bike they give an instant ticket because the assumption is that motorcycle smokers throw their cig on the ground.
He even showed the cop he has it and uses it, but they didn't care and he got the ticket.
