TexasCHLforum.com

shootthesheet wrote:Are LEOs required to give a receipt for a weapon taken as evidence? .

No

seamusTX wrote:

txinvestigator wrote:Only that pesky old 4th and 5th amendment and the Texas Constitution and Code of Criminal Procedure.

The 4th Amendment prevent illegally obtained evidence from being used in a trial. It doesn't stop the seizure in the first place.

Jim, it technical terms none of the ammendments do ANYTHING. But they do make unreasonable seizures unconstitutional, and LEOs who violate the bill of rights without good faith can and have been punished under Federal and State civil rights laws.

txinvestigator wrote:If there is doubt as to the weapon used, or concern that evidence might go "missing" the police can seize potential evidence.

I can think of no circumstance where they would be justified in seizing all of your weapons in a self-defense shooting, minus other serious violations like you being a felon, having illegal weapons etc.

I would be interested of proof of such occurring.

The police took James Walton's weapon twice.

So? Did they search his house and seize all of his weapons? Is it not clear that is what I made the statement about?

When you have a burglar dead from a shotgun wound and a homeowner who called 911 to report the shooting, I don't see the need to confiscate the shotgun.

It was not confiscated, it was seized as evidence, and it is proper and legal AND I belive necessary. Defendants can and have recanted their stories after desposing of evidence.

Here's one example I could find: http://www.jpfo.org/alert20040901.htm. I've read about other cases over the years. I don't have them available now.

- Jim

Well, that is clear and unbiased. Besides, Jim, I was referring to JUSTIFIED seizures, and even wrote so.

jazr45acp wrote:Is there a time table as to how long the DA and/or police can keep your weapon?

http://tlo2.tlc.state.tx.us/statutes/do ... m#18.19.00

seamusTX wrote:

ScubaSigGuy wrote:I have never heard of them taking every weapon that a person acting in self defense owns. Has this really happened?

It's not S.O.P., but I've read about it happening, in cases where the shooting took place in a home. Maybe not in Texas, but in other states.

Once the police have a suspected crime scene, there are few limits on what they can do.

Only that pesky old 4th and 5th amendment and the Texas Constitution and Code of Criminal Procedure.




If there is doubt as to the weapon used, or concern that evidence might go "missing" the police can seize potential evidence.

I can think of no circumstance where they would be justified in seizing all of your weapons in a self-defense shooting, minus other serious violations like you being a felon, having illegal weapons etc.

I would be interested of proof of such occurring.

If a firearm is seized and the person is acquitted or not charged, the CCP requires that a magistrate notify the owner that the firearm can be reclaimed, and there is a procedure for doing so.