Collingdale pair have gun seized after using them for self defense, To cool down

[internet troll]

http://m.delcotimes.com/delcotimes/d...tguid=5CvEI46S

Pair sues Collingdale police over gun seizure Alex Rose 08/04/2014 9:56 PM
PHILADELPHIA - Two men have filed a federal complaint for civil rights violations against the Collingdale Borough Police Department and Chief Robert W. Adams for allegedly seizing their handguns illegally following an altercation with another individual.

Neither of the men were charged in the incident and both possessed valid conceal carry permits for their respective weapons, according to the complaint filed in the U.S. District Court for the Eastern District of Pennsylvania.

Nonetheless, plaintiffs Andre J. Lue and Eric N. Jones allege Adams proposed holding on to the guns for a "cooling off period" until Aug. 1, in violation of their Fifth and 14th amendment rights that guarantee due process and probable cause.

"These guys, who were lawfully and legally licensed to carry firearms, were not charged with any crimes and the cops took their property anyhow, and that isn't constitutional," said Media attorney Daniel Pallen, representing both men.

Adams could not comment on pending litigation. Solicitor Sam Auslander did not return calls for comment.

According to the complaint and an attached affidavit of probable cause, Lue, of Darby, and Jones, of Yeadon, as well as another individual not involved in the suit, were attacked June 15 by a man wielding a hammer on the 200 block of Marshall Avenue.

Collingdale Officer Michael Coverdale responded to a call of two subjects armed with guns and helped break up a fight between the four individuals. Witnesses indicated a man identified as Dennis Aldridge chased Jones, Lue and the other man with a hammer, according to the affidavit. Lue and Jones allegedly pulled their respective weapons to deter any violence and no shots were fired.

Coverdale indicated in the affidavit that two Glock handguns and a claw hammer were recovered from the scene. Aldridge was charged with possessing an instrument of crime and terroristic threats. He is awaiting a Sept. 8 pretrial conference before Delaware County Common Pleas Court Judge Anthony Scanlon.

Media attorney Kevin Wray sent a fax to Adams on June 26 requesting receipts for the handguns, which he said neither man had received, as well as the immediate return of their property, according to the federal complaint.

Adams allegedly responded on June 27 and provided receipts, but indicated he wanted to hold on to the guns until Aug. 1 as a "cooling off period" due to "the potential for continued problems with the actor arrested." He also proposed seeking a court order for release of the weapons if the men wanted them back sooner.

Wray indicated Monday he would file a motion in Common Pleas Court compelling the return of the guns, which remain in the custody of Collingdale police.

Pallen meanwhile claims the "cooling off" period has been standard procedure for the department ever since a 1999 shooting in which Dominic Philiposian injured a mail carrier after police seized and then returned a cache of his guns in an unrelated assault case. Pallen said he believes the weapon used in that assault was not among those police had previously seized, but at any rate, the policy is not supported by law.

"It may be a reasonable thing to do, but the Constitution is the law and the Constitution doesn't look at the reasonableness of taking somebody's property without due process or probable cause," he said.

As neither man here was charged with any crime - and were in fact identified as "victims" in the affidavit - Pallen argues the continued deprivation of their property amounts to violations of those laws.

"(Lue and Jones) could not have acted any more cool, calm and collected," said Wray. "They should have just handed the guns back. They had no authority to take them."

Pallen compared his clients to Dr. Lee Silverman, who was lauded by law enforcement for helping end a recent shooting at Mercy Fitzgerald Hospital when he emptied his own licensed firearm at alleged gunman Richard Plotts.

"I think anyone who is responsible enough to have a gun licensed would be upset with this government overreach," said Pallen. "Whether it's a gun or whether it's a candy bar, you're taking something from somebody who wasn't charged with a crime, period. It can be any object. Just because it's a gun doesn't make it special."

The plaintiffs have demanded a jury trial and are seeking unspecified compensatory and punitive damages, as well as attorney's fees and an immediate return of the seized property

[STBear]

My wife just told me about this. Collingdale used to be a nice place but it's turned into South West Philadelphia.

[internet troll]

My wife just told me about this. Collingdale used to be a nice place but it's turned into South West Philadelphia.

I'm looking at the name of the perp. I went to school with a Dennis Aldridge, I am wondering if it is the same person.

[30Glock]

The headline should have been





Collingdale pair have gun stolen after using them for self defense, To cool down. Looks like an open and shut case to me.

[louie]

Hah.

Theft of personal property by cop.
I'd sue 'im, the Department, and the borough.

[streaker69]

This right here is going to sink any chance of defense by the PD.

Pallen meanwhile claims the "cooling off" period has been standard procedure for the department ever since a 1999 shooting in which Dominic Philiposian injured a mail carrier after police seized and then returned a cache of his guns in an unrelated assault case. Pallen said he believes the weapon used in that assault was not among those police had previously seized, but at any rate, the policy is not supported by law.

They intentionally created a policy that's in direct violation of the constitution. Too bad it's the tax payers that'll be picking up the tab their fuck up. This isn't a case where an individual officer seized it, this meets the definition of official and institutional oppression.

[c45man]

Federal Law Suit filed for Civil Rights Violations. How long does such a suit take to go through the system? I can't help wonder how more generations of Glocks will hit the market before this case is settled.

[Remington788]

Federal Law Suit filed for Civil Rights Violations. How long does such a suit take to go through the system? I can't help wonder how more generations of Glocks will hit the market before this case is settled.

Hopefully it quickly gets the attention of the mayor or town council

[kimtyson]

This should help educate more people about illegal seizure. Open and shut case.
And I don't give a crap about the taxpayers. Pay up. Maybe hire honest, law-abiding cops; or at least properly train the pieces a crap that you already have. Taxpayers should be asking for their termination.

[BimmerJon]

How many times are they going to say "licensed firearm"?

Firearms are not licensed

Ahhh