Failure to notify.
- Thread starter goodfellas
- Start date
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BIGPAPIGREG
TGT Addict
It don't hurt to prepare, does it Mike?
goodfellas
Member
Today while getting the release tag for my girlfriends car we asked some of the officers there and they said all that it should be no problem to retrieve my revolver. I appreciate yalls offer, but I would like to go down there first and try a more cordial method before going the lawyer route. I will tell yall how it goes as soon I'm done there in the morning.
- Jul 1, 2011
- 27,739
- 21
He wasn't arrested yet his property was illegally confiscated. What else should be tolerated before taking action?
We'll, every stop to think it was an honest mistake on the officer's part? I doubt you know every law in the state, I sure as hell don't; but some folks expect cops to!
At least it sounds like the OP is going to take the logical route, which will hopefully get this resolved quickly...
Best of luck to you, goodfellas; I do hope all works out as it should!
- Jul 1, 2011
- 27,739
- 21
No such thing as an honest mistake when a Law Enforcement Officer illegally confiscates property. He damn well better KNOW he's right, first.
That said, you know I'm not a cop basher and I generally know your position on such issues so, can we just let it go and see how goodfellas makes out?
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If the situation was reversed where you or I broke a law by mistake, we'd still be in trouble. Confiscation of someone's property without a warrant is never ok. If the officer didn't know any better then he should have erred on the side of liberty.
If it happened to me I would remain cordial, ask for my gun back, and that the officer be formally reprimanded. If that didn't happen then I'd find the posse of lawyers.
Mildly OT Warning
Here's why.
Someone once threatened to burn down my house. I drove to the local Harris County Sheriff's office and asked to make a report. The deputy behind the bullet resistant glass asked me what happened and I told him. He flat-out refused to take a report. He said it was my word against someone else and there was just no point in taking the report.
I insisted on making the report. He refused. I insisted again and asked him who I could elevate to. His response was to threaten me with filing a false report. He used fairly circumspect language but an extremely aggressive posture (Well, as aggressive as you can be from behind glass.) but he made it clear that I could be committing a crime by filing such a spurious report.
I clearly and slowly told him that if reporting a crime was, in itself, a crime, then I was prepared to commit that crime. I wanted to file a report. Now.
Lordy, he was pissed at that point. Another deputy, behind him, tapped him on the shoulder and they stepped away from the glass and conferred. He came back to the glass and told me they didn't take reports at that location and that if I wanted to make the report, I must go home, dial 911, and a patrol unit would be sent out to take the report.
I went home, dialed 911, told them I wanted to make the report and to send a patrol unit to take the report.
The patrol unit arrived at my home and the deputy (much more calmly and professionally than the one at the station) declined, then told me it would go nowhere, then hinted at me getting in trouble for making a false report, then finally said "OK, if you insist, we'll do this."
He then did the report and gave me a case number.
I said all that to say this - I can understand the reluctance to create paperwork that goes nowhere. That reluctance is universal. But can a report be unilaterally refused? I'm sure it can if I'm obviously drunk or come to them with something idiotic on its face; no LEO should ever have to write up a report on an alien abduction, for example. But if, while fully aware that I might be creating more trouble for myself than for the person who robbed me, I insist on a report being taken, do LE agencies have the discretion to simply tell me to sod off?
My experience is a little out of the ordinary on this, I suppose. Based on that experience, I assume that if I insist, a report will be taken.
Here's why.
Someone once threatened to burn down my house. I drove to the local Harris County Sheriff's office and asked to make a report. The deputy behind the bullet resistant glass asked me what happened and I told him. He flat-out refused to take a report. He said it was my word against someone else and there was just no point in taking the report.
I insisted on making the report. He refused. I insisted again and asked him who I could elevate to. His response was to threaten me with filing a false report. He used fairly circumspect language but an extremely aggressive posture (Well, as aggressive as you can be from behind glass.) but he made it clear that I could be committing a crime by filing such a spurious report.
I clearly and slowly told him that if reporting a crime was, in itself, a crime, then I was prepared to commit that crime. I wanted to file a report. Now.
Lordy, he was pissed at that point. Another deputy, behind him, tapped him on the shoulder and they stepped away from the glass and conferred. He came back to the glass and told me they didn't take reports at that location and that if I wanted to make the report, I must go home, dial 911, and a patrol unit would be sent out to take the report.
I went home, dialed 911, told them I wanted to make the report and to send a patrol unit to take the report.
The patrol unit arrived at my home and the deputy (much more calmly and professionally than the one at the station) declined, then told me it would go nowhere, then hinted at me getting in trouble for making a false report, then finally said "OK, if you insist, we'll do this."
He then did the report and gave me a case number.
I said all that to say this - I can understand the reluctance to create paperwork that goes nowhere. That reluctance is universal. But can a report be unilaterally refused? I'm sure it can if I'm obviously drunk or come to them with something idiotic on its face; no LEO should ever have to write up a report on an alien abduction, for example. But if, while fully aware that I might be creating more trouble for myself than for the person who robbed me, I insist on a report being taken, do LE agencies have the discretion to simply tell me to sod off?
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Smart man. You'll stay out of trouble that way.
If all was right with the world, the ACLU would have lawyers for things like this.
I am not a cop basher by any means. For oone that does his job right and fairly, nothing but respect. That being said, no they don't know every law, nor should they. Even lawyers don't. But they should have sense enough to use the radio to ask someone that does. That is why he has superiors and there are city attorneys. So he has someone to ask what the procedure is instead of making stupid mistakes.
from an idgit coffeeholic
from an idgit coffeeholic
It seems most take the "Cool story, Bro!" approach until talking to a legal professional.
you know I started to include the ACLU in my post because you are 100 % right although they rarely defend this type of violationIf all was right with the world, the ACLU would have lawyers for things like this.
I hope OP updates us soon as he can, I'm on pins and needles waiting to hear what they say
RetArmySgt
Glad to be back.
Tagged for update.
thingy!)
Mexican_Hippie
TGT Addict
While you're getting an attorney, inform the Chief that you plan to sue the living crap out of him, his officers individually, his department, and the city.
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