possible 4th amendment violation...

**350CI** · January 27th, 2012, 10:36 PM

a friend of mines just called to ask me if the "philly pd" can confiscate a firearm even tho he has a valid license to carry...

the reason "philly pd" gave him was they need to check to see if it was used in a crime...

so i called the district to asked is and officer allowed to confiscate a firearm for such a thing and sergeant davis could not answer but told me that a firearm can be confiscated in philadelphia for failure to notify a police officer your armed...

so i said where can i read up on this city statue?, he doesn't know where i can read up on it...

so i said your telling me that pa state law that says their is no duty to inform and officer your armed is suddenly over ridden once your enter into philadelphia!

then he hangs up on me. i told me my friend to get a lawyer and sue the shit out of them...

**BimmerJon** · January 27th, 2012, 10:38 PM

Because no such law exists. They are lying to you, breaking the law and violating his 4th A rights.

Hope he sues them.

**twency** · January 27th, 2012, 10:51 PM

That's not just a "possible" 4th amendment violation, IMO.

There's nothing which sounds legal about that.

How did they confiscate it? Show up at his house and demand it? Take it during a traffic stop and refuse to return it? Did an officer ask if he would be willing to let them examine it and he voluntarily handed it over, or did they demand and take it? I assume no warrant (if there was a warrant 4A pretty much is a non-issue barring unusual circumstances).

More info would be nice, if possible.

ETA: Sorry, I gather from the context that it was taken from him as part of a police encounter outside of the home. Was he on foot, or driving? Why was he detained?

**350CI** · January 27th, 2012, 11:15 PM

i will try to have more info later or tomorrow...

**kadar** · January 27th, 2012, 11:17 PM

Did he get a receipt?

**BestDefense=StrongOffense** · January 28th, 2012, 04:41 AM

Did he call him Junior?

**ViperGTS19801** · January 28th, 2012, 11:54 AM

If he didn't get a receipt, his firearm was stolen by the PPD. I would have him call and report it as such, with the officer's name, badge number, and all other pertinent details.

Furthermore, in the absence of a warrant, your friend needs to file a lawsuit against the officer.

Looking forward to hearing more.

**BimmerJon** · January 28th, 2012, 12:14 PM

First $100 donation from me if your buddy sues the PPD (and follows it all the way), if this story checks out

**medsteele** · January 28th, 2012, 05:12 PM

Holy hell, if your details aren't wrong and there isn't something we're missing, that is blatantly illegal. He needs to sue. There is no duty to inform.

Just another example of cops making up laws.