Confiscation of firearm and ID without a warrant

**PA-Joe** · October 7th, 2008, 12:04 PM

What is the law regarding when a LEO can confiscate personal property without a warrant. Recently, we have read about several cases of LEOs taking fireamrs and IDs. They did not have a warrant and did not providing a receipt. In one case the LEO lost the Out of State ID card causing the person to pay $25.00 to secure a replacement ID card.

**archon** · October 7th, 2008, 01:39 PM

Originally Posted by PA-Joe

What is the law regarding when a LEO can confiscate personal property without a warrant. Recently, we have read about several cases of LEOs taking fireamrs and IDs. They did not have a warrant and did not providing a receipt. In one case the LEO lost the Out of State ID card causing the person to pay $25.00 to secure a replacement ID card.

The law is called the Fourth Amendment.

Police usually need at least probable cause and sometimes a warrant to confiscate any property. If you are being detained because an officer has RAS then they may hold some types of property temporarily (like a firearm or weapon) but they cannot decide to keep it after the encounter is over (assuming no arrest or citation) as long as possession was legal in the first place.

If an officer EVER takes your lawfully owned property and threatens to confiscate it make sure to get a written, signed receipt from him (if he refuses immediately note exactly what he took and have any witnesses sign a statement.) Then, go immediately to the police department and demand to speak with the highest ranking officer on duty. If the officer still won't return your stuff, then get a lawyer and file an action in county court.

Don't get confused when an officer takes your unlawfully owned stuff though. Say you are under 21 and are caught with a beer in your hand. The officer might elect to just confiscate the beer instead of issuing you a citation. Don't put up a fuss in this situation or you will probably end up with no beer and a citation. But, on the other hand, don't let the officer mislead you into thinking you are getting off easy because you let me take your legally owned stuff.