Another illegally seized gun ... I'm embarassed.

[jw34]

They did it again. This is why I'm sometimes reluctant to admit I'm a cop.
I report for duty, and officer #1 says, "you're a gun guy, I can't get the slide to go back on this thing to check for one in the chamber." And I carefully take the small pistol from officer #1. I then use my super secret Jedi skills to disengage the safety and pull the slide rear, exposing an empty chamber. I'm a FRIGGIN genius. I then inquire as to how we now possess said weapon.
I learn that it was SEIZED because it was "registered" to someone other than the person who had it. I flip my usual lid regarding the word registration. I then ask the details on the encounter leading to the unlawful seizure. I cannot release specific details, by policy, but can say that the firearm was not part of any criminal investigation and there was no Probable Cause or Reasonsble Suspicion to believe this gun was involved in ANY criminal matter.
I proceed to chew out officer #1, who responds that officer #2 ran it for stolen via NCIC (wasn't reported stolen). And then checked for the "registered" owner and it was someone else. The person they were dealing with wasn't able to "prove" ownership. UGH. I scream that officers 1 & 2 are both clueless and just violated the poor owners 4a rights.
Officer #2 had already left for the day. I tell officer #1 to be ready for a lawsuit. Officer 1 blames officer 2, and then admits forgetting I took issue with a similar incident last year.
Btw, we are all of equal rank. So I've printed out both of the incidents on paper, highlighted the portion of the reports that indicate the blatant unlawful reason for seizure. (last year was "unregistered long gun", now "registered to someone else"). I also attached the Dec 2011 MPOETC newsletter and highlighted the article at the top of page 3. I will deliver all documents to the chief of police tomorrow and express my concern.
I've done everything I can do. And I sincerely apologize to anyone who has had their rights violated by someone bearing my same title.

[PowerPM]

It wasn't mine!!! Thanks for fighting the right fight....

[DaveM55]

Good job at trying to educate.

[bigandy1966]

I must spread the rep b4 reppin JW34 again

Dude, We need more like you. The founding fathers would be proud.

[Greywolf]

You have no reason to be embarrassed, but your two clueless colleagues should be hanging their heads in shame. In reality, if they aren't already cursing you out they most likely will be once they get lectured by the chief.

Send them to Oathkeepers.org http://oathkeepers.org/oath/download...ders_Flier.pdf

[normanvin]

You did what you could. But quite frankly I am not surprised your efforts fell on some deaf ears. It isnot like you make the rules or sign their pay checks.

[Curmudgeon]

I must spread the rep b4 reppin JW34 again

Dude, We need more like you. The founding fathers would be proud.

Repped him for both of us.
.

[flyingjunkie]

+1 for this! I wish more officers knew and understood the constitution that they swore to uphold and defend like you do!

[Jim8300]

Now, when do they plan to get this property back to the owner? Or do they plan on adding it to their own collection?

If I am driving a car that is not registered to me, do they take that also? All involved should pay a price for their actions. Perhaps a week off without pay and required education of the law would be in order!

Thank you for standing up and informing the incompetent of their mistakes. Hopefully someone will follow through and correct the situation.

[Deanimator]

I proceed to chew out officer #1, who responds that officer #2 ran it for stolen via NCIC (wasn't reported stolen). And then checked for the "registered" owner and it was someone else. The person they were dealing with wasn't able to "prove" ownership. UGH. I scream that officers 1 & 2 are both clueless and just violated the poor owners 4a rights.

What's your department's policy for returning wrongfully seized property, firearms in particular?

Is the victim now going to have to "prove ownership"? What if he no longer has, or never had a receipt?

If I were the victim, I'd be out for blood.

As organizations, most police departments don't seem to at all care whether and to what extent they violate anybody's rights. It's only lawsuits and even moreso, public humiliation which gets their attention. If I were the victim, I'd be doing everything humanly possible to damage the perpetrators' careers and embarrass the department. That's the ONLY thing that appears to work.

Congratulations for your [probably futile] attempt to do the right thing. I suspect that you will be punished for it... if you haven't been already.