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Link Posted: 1/3/2012 3:40:37 PM EDT
[#1]




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standard procedure. A similar thread came up and I said something to the effect of don't use your rare/expensive gun for home defense, if you use it, it'll be confiscated. Consensus was that people care more about protection than their gun. Screw that. Use a Glock, they're everywhere, a dime a dozen. Don't use your pre-86 transferable full auto Uzi worth $20000 or whatever




A person should not have to worry about what type of weapon they use. It should be returned if a justifiable homicide in good working condition with no damage after the investigation is done.



It bothers me that if a weapon is seized by the police you should have to worry about getting it back and in good condition. That does not reflect well on Law enforcement if you have to worry about such things.




You can pretty much bet that however they get the weapon is how it's going to come back. However if your weapon is dry, has blood or sweat on it the cops are not going to clean it. If the storage area is not moisture controlled they can and do rust.



Just like those folks who say they wouldn't put their $2k 1911 on the ground if ordered to do so. To me it's a tool, tools get damaged.



I'm more worried about a shoot being ruled justifiable and not get shot my self than some gun getting a rust spot on it.




That's the problem. Most people here don't see their $2500 safe queen as a tool.



I know that you've said in the past that in the event of an OIS, you expect your personal SBR that you carry on duty to be held as evidence during the investigation. I do too. So much so, that it was an issue when between our chief and the police union when we switched over to M4s and wanted to carry personal weapon. The fact is, no matter who you are, your weapon is evidence until cleared by the DA.



They don't realize that in the event of a deadly, or not so deadly shooting, they're going to have other things to worry about for the next 2-7 years than a ding on their rifle.
Link Posted: 1/3/2012 3:41:57 PM EDT
[#2]
Quoted:
It's probably never been challenged up to the higher courts. IMOP, if there is no arrest, they have no reason to confiscate the weapon.  I do understand the reasoning behind it though.  

A few years ago, here in the Dallas area, a business owner shot multiple robbers on different evenings and had to buy a new shotgun after each one.  I remember it because a local reporter cornered him and nearly made him cry calling him a killer.  She was fired and last I checked, she still didn't have employment.


I'm no expert but criminal investigations don't always happen in an orderly fashion.  In fact I would be willing to bet good money that few people are arrested at the time of evidence seizure for serious crimes.  Police hardly question a suspect unless they already have a pretty good idea of how everything happened and have some pretty decent evidence.  They might ask questions but they don't "question" you.  What if they were seizing computers for illegal use?  A person has to be arrested under probable cause and evidence can be seized under reasonable suspicion.  Two very different things.  You can't make an arrest without seizing evidence so you'll never prosecute anyone.
Link Posted: 1/3/2012 3:42:20 PM EDT
[#3]




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Keep in mind that the firearm seized as evidence, if ever returned, will be fucked like a prom date. Those fancy Kimbers will go through a meat grinder and be lucky if it functions afterwards.


This is how we package them:























My department also.  Don't forget the climate controlled safe room...





John
Link Posted: 1/3/2012 3:44:04 PM EDT
[#4]



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The cops don't determine if it's a good shoot, the DA does. The gun is evidence. Sucks, but that's the way it is.


THIS



...and the police have up to a year to file with the DA.



Shit, at my department, a duty or pool weapon that is used in an OIS is placed into evidence and replaced with another department issued weapon.



No conspiracies here.





we changed over from revolvers to g-23's in 1992.  We had a guy with an AD with NO INJURIES, prosecutor's office returned his revolver to us, IIRC 2007 or 8,  if the gun is involved in a fatal shooting, it NEVER gets returned, even after the case is completely adjudicated, Prosecutor's office keeps the gun in evidence forever.  In the case of this particular job, if she didnt have another shotgun, she WOULD have one of mine before the night was over.


How is that legal? The case is cleared why is personal property not returned? Are they paid the value to replace it? (doubt)



 
Link Posted: 1/3/2012 3:45:17 PM EDT
[#5]




Quoted:



Quoted:
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The cops don't determine if it's a good shoot, the DA does. The gun is evidence. Sucks, but that's the way it is.


THIS



...and the police have up to a year to file with the DA.



Shit, at my department, a duty or pool weapon that is used in an OIS is placed into evidence and replaced with another department issued weapon.



No conspiracies here.





we changed over from revolvers to g-23's in 1992. We had a guy with an AD with NO INJURIES, prosecutor's office returned his revolver to us, IIRC 2007 or 8, if the gun is involved in a fatal shooting, it NEVER gets returned, even after the case is completely adjudicated, Prosecutor's office keeps the gun in evidence forever. In the case of this particular job, if she didnt have another shotgun, she WOULD have one of mine before the night was over.




Interesting. Here, the department retains all physical evidence. If the DA wants to see or handle it, the come down to the station to inspect it along with the handling detective(s).



Also, due to limited space in our evidence room, the department conducts a spring cleaning every June to give back cleared case evidence. For us, holding onto years of unnecessary property is a burden.
John
Link Posted: 1/3/2012 3:47:48 PM EDT
[#6]
Serious question:

If a vehicle struck and killed a pedestrian, and it was clearly (ie, multiple witness statements) the pedestrians own fault, would the police seize the vehicle?
Link Posted: 1/3/2012 3:50:01 PM EDT
[#7]
Quoted:
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It's probably never been challenged up to the higher courts.  IMOP, if there is no arrest, they have no reason to confiscate the weapon.  I do understand the reasoning behind it though.  

A few years ago, here in the Dallas area, a business owner shot multiple robbers on different evenings and had to buy a new shotgun after each one.  I remember it because a local reporter cornered him and nearly made him cry calling him a killer.  She was fired and last I checked, she still didn't have employment.


It's evidence from a homicide. Charges can still be filed at a later date.


But if there was no crime... as evident by the lack of charges... would that not violate the constitution?
Link Posted: 1/3/2012 3:53:40 PM EDT
[#8]
Link Posted: 1/3/2012 3:55:15 PM EDT
[#9]
Link Posted: 1/3/2012 3:57:30 PM EDT
[#10]
Really?

Around here, the cops replenish your ammo and make sure you're loaded up for the next time.
http://www.whotv.com/news/who-story-shooting-burglary-042010,0,3725305.story
Link Posted: 1/3/2012 3:57:40 PM EDT
[#11]
Quoted:
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Keep in mind that the firearm seized as evidence, if ever returned, will be fucked like a prom date.  Those fancy Kimbers will go through a meat grinder and be lucky if it functions afterwards.


Why?


Because you'd be surprised who has access to the evidence locker.  You'd think it was a controlled environment.... yea...  lol...
The Police Interns at my first department used to finger f*ck, dry fire and work the actions of each and every gun that was sitting on the rack when no one was around to give a fart.
Link Posted: 1/3/2012 3:58:22 PM EDT
[#12]
Link Posted: 1/3/2012 3:59:29 PM EDT
[#13]
Link Posted: 1/3/2012 3:59:39 PM EDT
[#14]




Quoted:



Quoted:



Quoted:

It's probably never been challenged up to the higher courts. IMOP, if there is no arrest, they have no reason to confiscate the weapon. I do understand the reasoning behind it though.



A few years ago, here in the Dallas area, a business owner shot multiple robbers on different evenings and had to buy a new shotgun after each one. I remember it because a local reporter cornered him and nearly made him cry calling him a killer. She was fired and last I checked, she still didn't have employment.




It's evidence from a homicide. Charges can still be filed at a later date.




But if there was no crime... as evident by the lack of charges... would that not violate the constitution?




Still NO.
Link Posted: 1/3/2012 4:00:08 PM EDT
[#15]
Link Posted: 1/3/2012 4:00:30 PM EDT
[#16]
Link Posted: 1/3/2012 4:00:59 PM EDT
[#17]
Link Posted: 1/3/2012 4:04:40 PM EDT
[#18]
Quoted:

There is certainly no legal basis for them to seize a weapon without cause, it is a flagrant violation of the 2nd and 14th Amendments. There is a serious moral quality to leaving a woman defenseless.

Any of the BOTS types want to chime in on the righteousness of violating this woman's civil rights along with their loss of common decency?



Why chime in? Your inability to ask an unbiased question leaves little doubt you want anything but a pissing match.
Link Posted: 1/3/2012 4:04:43 PM EDT
[#19]
Quoted:
The cops don't determine if it's a good shoot, the DA does. The gun is evidence.  Sucks, but that's the way it is.


This. Everything is evidence until the da says its not.  No different than a doa here, the body and scene are evidence until the corner says it isn't.
Link Posted: 1/3/2012 4:09:50 PM EDT
[#20]
Link Posted: 1/3/2012 4:10:53 PM EDT
[#21]
Link Posted: 1/3/2012 4:13:32 PM EDT
[#22]
Quoted:
Quoted:
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Keep in mind that the firearm seized as evidence, if ever returned, will be fucked like a prom date.  Those fancy Kimbers will go through a meat grinder and be lucky if it functions afterwards.


That's not true.

Most firearms are generally returned the way they were recovered. Every now and then one will get rusty because of how long it was held and it was not lubed before being seized or blood/sweat.



Thanks. That is what I thought.  Did not understand what he was driving at.

Remember, this is GD. If people don't know what they are talking about they just make shit up.

Link Posted: 1/3/2012 4:13:52 PM EDT
[#23]
This is why my HD guns are not really anything special.

Glock, 870, (and to a lesser extent, AR).

I expect to lose the piece once I use it.
Link Posted: 1/3/2012 4:15:49 PM EDT
[#24]
Quoted:

Quoted:
Keep in mind that the firearm seized as evidence, if ever returned, will be fucked like a prom date.  Those fancy Kimbers will go through a meat grinder and be lucky if it functions afterwards.

This is how we package them:  






I'll take it!  Please let me know where to send payment.
Link Posted: 1/3/2012 4:19:12 PM EDT
[#25]





Quoted:





Quoted:




Quoted:


Keep in mind that the firearm seized as evidence, if ever returned, will be fucked like a prom date.  Those fancy Kimbers will go through a meat grinder and be lucky if it functions afterwards.






Why?






Because you'd be surprised who has access to the evidence locker.  You'd think it was a controlled environment.... yea...  lol...


The Police Interns at my first department used to finger f*ck, dry fire and work the actions of each and every gun that was sitting on the rack when no one was around to give a fart.



Expect the worst and hope for the best.  Evidence lockers/safes seem to lose things.  God forbid but if any of this ever happened to me I would call it a loss.  





 
Link Posted: 1/3/2012 4:19:21 PM EDT
[#26]




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That's the problem. Most people here don't see their $2500 safe queen as a tool.



I know that you've said in the past that in the event of an OIS, you expect your personal SBR that you carry on duty to be held as evidence during the investigation. I do too. So much so, that it was an issue when between our chief and the police union when we switched over to M4s and wanted to carry personal weapon. The fact is, no matter who you are, your weapon is evidence until cleared by the DA.



They don't realize that in the event of a deadly, or not so deadly shooting, they're going to have other things to worry about for the next 2-7 years than a ding on their rifle.






Yep I have almost $4k in the thing and if it get's scratched or damaged. It happens. I fully expect if it is used in an OIS for it to be seized.



Shit happens.




And if the SHTF, I wouldn't care if it was a $8K weapon, as long as it saved my life.







That's the program I'm on.





As am I!





Link Posted: 1/3/2012 4:19:31 PM EDT
[#27]
Quoted:
Seizing evidence is a normal and expected part of a homicide investigation, which this is.

The evidence will remain in their custody until the investigation is completed, sent to the prosecutor for review, and a charging decision is made.  Once the prosecutor and/or grand jury decide to no charge, the property will likely be returned to the owner.

Investigations and charging decisions/grand juries take time - often months or more.


Oh now you did it.......In for asshattery of the 4th kind.
Link Posted: 1/3/2012 4:21:44 PM EDT
[#28]
Here is my shotgun. It was recovered in a drug bust at a crack house. When it was stolen it was brand new. I don’t know what she did in those six months the drug dealer had her but she looked like a used up crack whore when I got her back. The bad part was it took four and a half years to get the police to return her to me. I called every month trying to get her released. Then for the last year my Chief of police who is a member of our gun club called about every three weeks.
The case was closed after one year. Finally, after many excuses the Indianapolis police department returned her.


One guy from here offered to refinish her but I said no I wanted to leave her that way. I do wish she could talk.
Link Posted: 1/3/2012 4:22:22 PM EDT
[#29]
Quoted:
Quoted:
Seizing evidence is a normal and expected part of a homicide investigation, which this is.

The evidence will remain in their custody until the investigation is completed, sent to the prosecutor for review, and a charging decision is made.  Once the prosecutor and/or grand jury decide to no charge, the property will likely be returned to the owner.

Investigations and charging decisions/grand juries take time - often months or more.


Oh now you did it.......In for asshattery of the 4th kind.




Link Posted: 1/3/2012 4:30:29 PM EDT
[#30]
Quoted:
The cops don't determine if it's a good shoot, the DA does. The gun is evidence.  Sucks, but that's the way it is.


this basically.

many DA's will STILL present a "good shoot" to the grand jury to get them to no bill it.

and the gun is evidence. it's not hard to figure out.

GR
Link Posted: 1/3/2012 4:32:55 PM EDT
[#31]
Quoted:
It's probably never been challenged up to the higher courts.  IMOP, if there is no arrest, they have no reason to confiscate the weapon.  I do understand the reasoning behind it though.  

A few years ago, here in the Dallas area, a business owner shot multiple robbers on different evenings and had to buy a new shotgun after each one.  I remember it because a local reporter cornered him and nearly made him cry calling him a killer.  She was fired and last I checked, she still didn't have employment.


just because there was no arrest THEN, don't mean there won't be an arrest later.

and FWIW, when cops do a straight up GOOD SHOOT, even  on video a hundred different ways showing it was a good shoot––––-they still get their weapon took.

GR
Link Posted: 1/3/2012 4:34:27 PM EDT
[#32]
Link Posted: 1/3/2012 4:34:50 PM EDT
[#33]
troll thread is obvious
Link Posted: 1/3/2012 4:35:42 PM EDT
[#34]
Quoted:
Quoted:
If a person is a known resident of the home, and there is clear evidence of a break in and the assailant was armed, and the homeowner shoots the person, that is not a criminal homicide, and is pretty easy to determine at the scene. Small town Henry  putting little Suzy to bed at night hears a crash at the window. One of the local drug thugs has busted in. He grabs his gun and hides his little girl. Before he can get the door shut, the thug rushes through the door with a knife and Henry shoots him.

Well, Jack, the guy that sits two rows over at church, and who's daughter Linda Sue plays on the same soccer team as Suzy, is the cop that investigate. He sees the incident and gets Henry's side of the story. He knows Henry like we said before, and after taking a good look at the perp, he sees that it's Jaquavous J Raray that he's locked up three times for meth distribution and CDV four times. Last time his baby mama was in the hospital and almost died.

Jack says to Henry. " Henry, You know, you and I are good friends and all, but you might be a cold blooded killer in this case." " I need to take your gun. I know it's your only one, you told me that at the high school football game last month just after you bought it, but I'm gonna have to take it anyway. By the way, we just got a report that Jaquavous' gang buds are coming to kill you and rape your wife and daughter. Just call us if they show up. We should only be 20 minutes out unless we're on a call on the other side of the county."  "Have a good day, see you Sunday."

That's the way that story SHOULDN"T play out, but does in little town America. There has to be another way when the evidence for a good shoot are so clear. For years it didn't work that way, why should it now. Is the system better for the changes. Hell no.


You could have shot Bin Laden mowing down school kids with his AK-47 and the cops are going to seize the Hi-Point you used to shoot him with. All on video with 200 witnesses, does not matter.


Pretty much this.  Same protocol is followed regardless of how clear cut the case is or who is involved.
Link Posted: 1/3/2012 4:51:00 PM EDT
[#35]
I never got my stolen and recovered mac11 back, it got lost in evidence
 
Link Posted: 1/3/2012 4:52:35 PM EDT
[#36]
Link Posted: 1/3/2012 4:53:38 PM EDT
[#37]
Quoted:
Quoted:
Quoted:
If a person is a known resident of the home, and there is clear evidence of a break in and the assailant was armed, and the homeowner shoots the person, that is not a criminal homicide, and is pretty easy to determine at the scene. Small town Henry  putting little Suzy to bed at night hears a crash at the window. One of the local drug thugs has busted in. He grabs his gun and hides his little girl. Before he can get the door shut, the thug rushes through the door with a knife and Henry shoots him.

Well, Jack, the guy that sits two rows over at church, and who's daughter Linda Sue plays on the same soccer team as Suzy, is the cop that investigate. He sees the incident and gets Henry's side of the story. He knows Henry like we said before, and after taking a good look at the perp, he sees that it's Jaquavous J Raray that he's locked up three times for meth distribution and CDV four times. Last time his baby mama was in the hospital and almost died.

Jack says to Henry. " Henry, You know, you and I are good friends and all, but you might be a cold blooded killer in this case." " I need to take your gun. I know it's your only one, you told me that at the high school football game last month just after you bought it, but I'm gonna have to take it anyway. By the way, we just got a report that Jaquavous' gang buds are coming to kill you and rape your wife and daughter. Just call us if they show up. We should only be 20 minutes out unless we're on a call on the other side of the county."  "Have a good day, see you Sunday."

That's the way that story SHOULDN"T play out, but does in little town America. There has to be another way when the evidence for a good shoot are so clear. For years it didn't work that way, why should it now. Is the system better for the changes. Hell no.


You could have shot Bin Laden mowing down school kids with his AK-47 and the cops are going to seize the Hi-Point you used to shoot him with. All on video with 200 witnesses, does not matter.


Pretty much this.  Same protocol is followed regardless of how clear cut the case is or who is involved.

Wouldn't want to risk being accused of a cover up or favoritism, now would we?
Link Posted: 1/3/2012 4:58:08 PM EDT
[#38]
Quoted:
I can't believe some of y'all would buy a cheap gun to use to save your life because it will get seized as evidence.

I can't help but think you either haven't thought this through clearly or have some misplaced priorities.


not "Cheap" per se..but given a choice, knowing if I use it it's going to go to the land of Evidence most likely FOREVER, My HD gun is either my $250.00 Glock 23 (Used) or my $400.00 PT-1911, Not one of my high-end guns.While neither were Expensive to purchase, they are both good quality (Yeah.. even the Taurus, it had 500 rounds through it before i upgraded it to Carry status), and both go "BANG" when the trigger is pulled.  
Link Posted: 1/3/2012 5:00:19 PM EDT
[#39]
This thread reminds me how little people in this world know about :

1. Police work
2. The need to be an impartial investigative agency
3. Law in general

Amazing.

For the record, I carry an AR15 on duty that I've put more than 5k of my own personal money into. Yes, I realize it may be taken if I get in a shooting. I'd rather have the best equipment possible in a deadly force situation than to worry about what may happen after.

Doc
Link Posted: 1/3/2012 5:02:32 PM EDT
[#40]
Quoted:
Quoted:

There is certainly no legal basis for them to seize a weapon without cause, it is a flagrant violation of the 2nd and 14th Amendments. There is a serious moral quality to leaving a woman defenseless.

Any of the BOTS types want to chime in on the righteousness of violating this woman's civil rights along with their loss of common decency?



Why chime in? Your inability to ask an unbiased question leaves little doubt you want anything but a pissing match.

So you don't agree that it's a moral problem to leave a woman defenseless?z
Link Posted: 1/3/2012 5:04:56 PM EDT
[#41]
Quoted:
Quoted:

Quoted:
Keep in mind that the firearm seized as evidence, if ever returned, will be fucked like a prom date.  Those fancy Kimbers will go through a meat grinder and be lucky if it functions afterwards.

This is how we package them:  






Yep, tagged, boxed and sealed.

The only difference from those pics is an evidence tag will be attached to the firearm, an evidence sheet to the outside of the box and the box sealed with red evidence tape.

Same here..although our boxes have a space right on it for the case info.  Anything used in a shooting doesn't stay with us anyway, it would go directly to the County Prosecutor's office, we don't even do anything with the investigation beyond the initial reports, unless the prosecutor asks for one of us to be involved for continuity.
Link Posted: 1/3/2012 5:06:42 PM EDT
[#42]
Quoted:
Quoted:
I can't believe some of y'all would buy a cheap gun to use to save your life because it will get seized as evidence.

I can't help but think you either haven't thought this through clearly or have some misplaced priorities.


not "Cheap" per se..but given a choice, knowing if I use it it's going to go to the land of Evidence most likely FOREVER, My HD gun is either my $250.00 Glock 23 (Used) or my $400.00 PT-1911, Not one of my high-end guns.While neither were Expensive to purchase, they are both good quality (Yeah.. even the Taurus, it had 500 rounds through it before i upgraded it to Carry status), and both go "BANG" when the trigger is pulled.  


This... My EDC piece is a Glock, my HD gun is the same Glock supplemented by an 870.  Both are extremely reliable weapons that have been used countless times to save someone's life.  I trust them with doing the same with mine and my loved ones.  Would I feel safer with a Wilson custom 1911 than a Glock? NOPE....Would I be more upset if that Wilson was taken than if the Glock was? HELL YES

So the simple answer is I carry a Glock because I trust it and I also dont mind losing it to the property room for infinity.  Because although the gun may be returned, it may also be sitting in the property room of the SO indefinitely
Link Posted: 1/3/2012 5:06:56 PM EDT
[#43]
Quoted:
Quoted:
Quoted:

There is certainly no legal basis for them to seize a weapon without cause, it is a flagrant violation of the 2nd and 14th Amendments. There is a serious moral quality to leaving a woman defenseless.

Any of the BOTS types want to chime in on the righteousness of violating this woman's civil rights along with their loss of common decency?



Why chime in? Your inability to ask an unbiased question leaves little doubt you want anything but a pissing match.

So you don't agree that it's a moral problem to leave a woman defenseless?z


Of course that is what you'd infer from what was written. Highlight in my statement where I implied that.

ETA: Actually, never mind. This would be exactly why the OP posted this.
Link Posted: 1/3/2012 5:07:23 PM EDT
[#44]
It was an AOW but I think it lost another inch after it was stolen. Who knows how or why.
Link Posted: 1/3/2012 5:07:28 PM EDT
[#45]
Link Posted: 1/3/2012 5:08:26 PM EDT
[#46]
Quoted:
Here is my shotgun. It was recovered in a drug bust at a crack house. When it was stolen it was brand new. I don’t know what she did in those six months the drug dealer had her but she looked like a used up crack whore when I got her back. The bad part was it took four and a half years to get the police to return her to me. I called every month trying to get her released. Then for the last year my Chief of police who is a member of our gun club called about every three weeks.
The case was closed after one year. Finally, after many excuses the Indianapolis police department returned her.
http://i93.photobucket.com/albums/l63/oneslayer/Closeupright.jpg
http://i93.photobucket.com/albums/l63/oneslayer/Leftside.jpg
One guy from here offered to refinish her but I said no I wanted to leave her that way. I do wish she could talk.


Have you dropped a dowel down the barrel of that thing?
Link Posted: 1/3/2012 5:09:39 PM EDT
[#47]
Link Posted: 1/3/2012 5:09:48 PM EDT
[#48]
Is this not the sign of a obvious troll thread when the OP disappears?
Link Posted: 1/3/2012 5:09:55 PM EDT
[#49]
Quoted:
I never got my stolen and recovered mac11 back, it got lost in evidence  

Oh hell was it full or semi.

Link Posted: 1/3/2012 5:10:43 PM EDT
[#50]
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