Not a Good LEO Encounter

[bryang]

This whole thing sinks, however, I realize we each have to make that decision as to what we will do. My first reaction was to fight it and counter-sue for civil rights violations, but I can understand just wanting to just get this mess over with and out of the way and there is always the money problem. However, if it was anyway possible I would fight this all the way.

-geo

[ClarkLZeuss]

Your friend could always take the matter to the newspapers, TV shows and talk radio. That would certainly put some public pressure on the cops to drop all this nonsense. Of course, that could have legal consequences...I don't know, IANAL. Maybe he could just mention to the cops that he intends to do this, and see how they take it from there, you know in an assertive way like, "I know that the UCW charge against me is bogus, and you taking my gun is illegitimate, so unless you give it back, and have my record expunged, I'm going to the media."

[redoregon]

Agree we need to know the town. Please post when things have cleared up.

[DaveT]

I've read this thread and have not seen this posted yet.... why doesn't the man and his attorney request a face to face meeting with the town's Chief of Police and the Mayor ? The town's legal council could also sit in on the meeting.

The man's attorney could explain the law, and also the possibility of several lawsuits.... including civil rights violations.

Unless there is actually corruption involved, I'd put my money on the Mayor telling the Chief of Police to get it all cleared up as soon as possible. Law suits are expensive for small communities.... especially when written law proves them wrong.

I'll venture that this all probably boils down to nothing more than a small town Officer not being fully up on the law. The Chief might feel backed into a corner. Given an 'out' by the man's attorney that no lawsuits will be filed if the guns are returned might just be an easy solution for everyone involved.

[Tireshred]

He went to court last week, prosecution again offered to drop all charges but keep the guns, he refused and has filed something to the effect he wants the guns back and all charges dropped. It's up to the DA now and it may take weeks. I'll post the city soon.

[stevie_d_64]

Law suits are expensive for small communities.... especially when written law proves them wrong.

I'll venture that this all probably boils down to nothing more than a small town Officer not being fully up on the law. The Chief might feel backed into a corner. Given an 'out' by the man's attorney that no lawsuits will be filed if the guns are returned might just be an easy solution for everyone involved.

A reverse shake-down is a beautiful thing in my opinion...And worth every penny...

If you're going to drop the charges, then keeping personal property if no crime has been committed, no charges filed, no conviction levied, doesn't make sense...

I could get really nasty, and say a lot of things I would rather not say, in respect to the rules in this forum...But since I read the whole thread here, and not one mention of the name of the town this happened in...Why bother with anymore discussion on this??? If we cannot learn where to be careful in our lawful travels in this entire country, then what have we really learned???

I have no reason to have a vendetta against this town or its officials, I would just prefer to bypass it and let it wither and die on the vine...

If we do not like it when a thief steals our property, then why do we accept a "deal" for a law enforcement agency to keep our property when no crime was committed, and no charges filed???

I certainly understand the wisdom and technical aspects of the advice given by our legal minds, and it is certainly good advice to take, the decision is certainly up to the individual in this case, but there is something more here than has been discussed, and when principle is overriden by financial costs, then what is it that we have truely lost??? I would go so far as to say it is not the loss of the guns that were confiscated and not returned...

It is that individuals life, liberty and the pursuit of happiness, and that goes way beyond just his personal experience and pain, but it had better hit every single one of us right in the chest like a ten pound sledgehammer!!! And it had better hurt real bad...Because that is certainly not what I took an oath to protect and defend...Because what I took an oath to was not just to a sheet of paper with a bunch of ink on it...

It was every single one of you!

[aardwolf]

But since I read the whole thread here, and not one mention of the name of the town this happened in...Why bother with anymore discussion on this??? If we cannot learn where to be careful in our lawful travels in this entire country, then what have we really learned???

Agreed.

[seamusTX]

First off, this kind of thing can happen anywhere that a police officer is not properly informed and doesn't like ordinary citizens being armed.

I can only guess that the principal person involved (the guy who was arrested) does not want hate mail going to the police chief of that town or the DA of that county. That would not help his cause.

BTW, district attorneys are elected officials who have no boss except the voters in their county. Police chiefs in small towns answer to the city manager. Most charters specifically prohibit the mayor and city council members from trying to give orders to the chief of police or other city employees.

I agree that the whole situation stinks, and I would not be surprised if the place was a cesspool of incest and nepotism.

- Jim

[Tireshred]

But since I read the whole thread here, and not one mention of the name of the town this happened in...Why bother with anymore discussion on this??? If we cannot learn where to be careful in our lawful travels in this entire country, then what have we really learned???

Agreed.

Ok, don't discuss it anymore, I said I would post the town name when it's all over, then the posts can restart. He doesn't want anything, and that includes hate mail, to sway the DA. Also, what if someone from there got wind of this thread and decided to make an example out of him? I respect his request to hold it until the papers are signed.

[dicion]

Also, what if someone from there got wind of this thread and decided to make an example out of him?

Make an example out of him, for not violating the law? I only WISH they would try doing that to me.

I agree with stevie. It's a matter of principal, and I would hire the best lawyer I could empty my 401k to afford, and attempt to sue the ever loving crud out of them.
The minimum I would accept would be complete return of my property, complete excising of the records of this incident, and my legal costs.

... but thats me. Each person has their own choice.

[bdickens]

That makes three of us. I'd run myself bankrupt and in debt for the rest of my life before I let some rinky-dink little podunk DA and his LEO cronies do that to me.

[stevie_d_64]

But since I read the whole thread here, and not one mention of the name of the town this happened in...Why bother with anymore discussion on this??? If we cannot learn where to be careful in our lawful travels in this entire country, then what have we really learned???

Agreed.

Ok, don't discuss it anymore, I said I would post the town name when it's all over, then the posts can restart. He doesn't want anything, and that includes hate mail, to sway the DA. Also, what if someone from there got wind of this thread and decided to make an example out of him? I respect his request to hold it until the papers are signed.

I apologize if my zeal got the best of me, I should have clarified and agreed with "you" that when all is actually said and done whether or not his getting his property back was completed, that we see "where" this happened...

I am all for that...At that time, and not before...

Muh bad...

Other than that clarification, I still stand by what I said before...And I do not condone hate mail or other non-productive communication to these authorities or officials...That does not help either...We are way to clever for that...

[seamusTX]

...And I do not condone hate mail or other non-productive communication to these authorities or officials...That does not help either...We are way to clever for that...

I did not mean to imply that anyone who participates in this forum would send hate mail. However, anyone in the world can read this forum. Issues tend to spread from forum to forum, and eventually some hothead will do something stupid.

Several RKBA issues have generated hate e-mail to public officials and others involved.

- Jim

[Tireshred]

Hey guys, I appreciate the posts, I personally can't wait to name the town and would love to hear if any others have had trouble there. I never thought any of your posts were inappropriate, it's always good to hear others POV. I hope it's over soon and so does my friend.

[thorkyl]

roll over.

That's what my gal says when I snore

Go after them, hard and fast.

Call the NRA legal defense team, the GOA, and the TSRA, and your local state rep.
I believe your rep is Randy Weber, 512-463-0707 - he is real pro 2A
Get them all involved.