Hypothetical Question

[.45Kimber1911]

I occasionally read where someone has been stopped by a cop and have had their LTCF or reciprocal permit and firearm seized by LEO because the cop is trying to enforce their opinion and not the law.

My question is... Would it be possible to bring charges against the cop if they refused to return your property. I was thinking theft or robbery charges. I have seen where several cops here in Philly have been charged for retail theft and other things for taking small stuff, including cups of coffee and have been fired from their positions.

I know that cops are somewhat personally immune when they are named in a suit if they screwed up while working in some instances. But then there are some cases we hear about that they are responsible for their actions and get reprimanded.

I know there are plenty of legal beagles on here...

Can a citizen file charges for theft or robbery against a cop for illegally seizing personal property or a permit that this state did not issue?

[Remington788]

Hypothetically, aren't there numerous threads discussing this already?

[.45Kimber1911]

Not that I was able to find when I searched for an answer. Otherwise I wouldn't have asked.

[Remington788]

http://forum.pafoa.org/general-2/171...re-arrest.html

Here is a fairly active one. I know I've read a few others recently. I think some start on some other topic until this issue gets mentioned

edit, adding this one http://forum.pafoa.org/concealed-ope...ffic-stop.html

[tl_3237]

.45Kimber1911:

As I understand it --

Non-LEOs can file a private criminal complaint that must be approved by the DA or Court of Common Pleas if DA disapproves (Pa Criminal Procedure 506). Except in the most egregious cases, I think that the LEOs will be afforded a high degree of the benefit of doubt and no prosecution will result.

One could also institute a Federal civil suit under 42 USC 1983 for "deprivation of any rights, privileges, or immunities secured by the Constitution and laws" but they also would be very hard to win.

Another avenue would be to file an administrative complaint with the PD but that process is biased in the LEO's favor with more chance of success (no $$$ awards) that the court processes.

So to answer your question "is it possible"? - yes. Is it practical? - no

[.45Kimber1911]

.45Kimber1911:

As I understand it --

Non-LEOs can file a private criminal complaint that must be approved by the DA or Court of Common Pleas if DA disapproves (Pa Criminal Procedure 506). Except in the most egregious cases, I think that the LEOs will be afforded a high degree of the benefit of doubt and no prosecution will result.

One could also institute a Federal civil suit under 42 USC 1983 for "deprivation of any rights, privileges, or immunities secured by the Constitution and laws" but they also would be very hard to win.

Another avenue would be to file an administrative complaint with the PD but that process is biased in the LEO's favor with more chance of success (no $$$ awards) that the court processes.

So to answer your question "is it possible"? - yes. Is it practical? - no

Thanks for the straight forward answer!

[Remington788]

Thanks for the straight forward answer!

It is clearer than anything I saw in those other threads. Thanks.