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7/8/2020 3:01:36 PM
Posted: 12/10/2013 5:21:47 AM EDT
Was seized, issue was resolved with payment of a $120 ticket and misdemeanor charge not filed.

I was given the name and phone of a Sargent to get the gun back and told there were no barriers to him releasing it back to me.

He won't return my calls or pick up the phone.  

Gun is worth $400.  

Do I have a play here that doesn't require an attorney?

Link Posted: 12/10/2013 5:55:14 AM EDT
Originally Posted By MMGUT:
Was seized, issue was resolved with payment of a $120 ticket and misdemeanor charge not filed.

I was given the name and phone of a Sargent to get the gun back and told there were no barriers to him releasing it back to me.

He won't return my calls or pick up the phone.  

Gun is worth $400.  

Do I have a play here that doesn't require an attorney?

View Quote

Really depends on the agency. Some make it very hard to get your stuff back, some are very easy. Keep calling and if no contact by thurs call the chief. Many times their minions are up to shit the bosses know nothing about.
Link Posted: 12/10/2013 8:04:45 AM EDT
[Last Edit: 12/10/2013 8:05:24 AM EDT by THeGiant573]
Find the first person in the Chain of Command that gets elected Sheriff, city council someone.
Link Posted: 12/10/2013 12:04:54 PM EDT
I think this guy is top of command for his cop shop.

Link Posted: 12/11/2013 7:13:57 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By MMGUT:
I think this guy is top of command for his cop shop.

View Quote

There is always someone higher up.  The Sheriff is an elected official and the Chief works for the mayor.  I'm more of the type that likes to just drop in and surprise folks that blow me off.  Go by and ask for the guy and try not to say why you're there to see him other wise you'll probably get the "he's busy" or "just left".  If that doesn't work pay his boss a visit.
Link Posted: 12/11/2013 3:13:57 PM EDT
It may take a judge's order to release evidence, at least it does in Polk Co FL
Link Posted: 12/11/2013 3:16:01 PM EDT
[Last Edit: 12/11/2013 3:16:48 PM EDT by Aimless]
Link Posted: 12/11/2013 3:37:01 PM EDT
Is this a small police department? If so, most only have one main person in charge of evidence/property for chain of custody. Don't act like an asshole and get an attitude. All you need to do is go in person and ask to get your weapon back. If it can't be released because that guy isn't there ask if someone else can release it. If they can't just be polite and ask to speak with a supervisor and explain it to them. Keep track who you talk to date, time etc. If it get's out of hand just call and ask to speak with the Chief of Police. If that doesn't do it call city hall and ask to speak with the Chief's boss the City Manager... It will get taken care of.
Link Posted: 12/11/2013 3:48:43 PM EDT
Why don't you just go down to the station with your case number and ask to have your property returned? You're going to have to do that anyway. I would suggest 10am-4pm m-f to guarantee someone is in the office.

Also, it's spelled "Sergeant".
Link Posted: 12/11/2013 6:18:02 PM EDT
[Last Edit: 12/11/2013 6:19:34 PM EDT by TnMike]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By DoctorNo:
Also, it's spelled "Sergeant".
View Quote

Really?  Don't be "that guy".
Link Posted: 12/11/2013 7:17:35 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By TnMike:

Really?  Don't be "that guy".
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By TnMike:
Originally Posted By DoctorNo:
Also, it's spelled "Sergeant".

Really?  Don't be "that guy".


I offer good advice .... and good spelling. I believe it also notified you of exactly what I was in my user title...
Link Posted: 12/18/2013 7:41:22 PM EDT
Originally Posted By MMGUT:
Was seized, issue was resolved with payment of a $120 ticket and misdemeanor charge not filed.

I was given the name and phone of a Sargent to get the gun back and told there were no barriers to him releasing it back to me.

He won't return my calls or pick up the phone.  

Gun is worth $400.  

Do I have a play here that doesn't require an attorney?

View Quote


Just call the DA. They will do the leg work for you most times.
Link Posted: 12/21/2013 9:01:47 AM EDT
Originally Posted By MMGUT:
Was seized, issue was resolved with payment of a $120 ticket and misdemeanor charge not filed.

I was given the name and phone of a Sargent to get the gun back and told there were no barriers to him releasing it back to me.

He won't return my calls or pick up the phone.  

Gun is worth $400.  

Do I have a play here that doesn't require an attorney?

View Quote


Depends on why it was seized.  The sentence above doesn't doesn't tell very much.
Link Posted: 12/21/2013 9:02:30 AM EDT
[Last Edit: 12/21/2013 9:02:50 AM EDT by AZAtty480]
Dupe
Link Posted: 12/21/2013 3:51:34 PM EDT
What agency?

What was the charge seizing the weapon? No forfeiture aspect in the plea agreement?
Link Posted: 1/19/2014 12:41:24 PM EDT
Had the same problem in Florida. Consult state statutes under firearms and you should see " seizure"- be warned - if you dont pick it up within a certain time frame it could become their property. Dont be afraid to go to this LEO office with a notarized letter and also send a certified mailing to them. Put the screws to them- they cant hold your property if you are adjudicated nor guilty- Hire a lawyer if all else fails and send LEO a" hammer letter" you arent the only one they play this with and by all means file a complaint against this LEO- but you can find a letter form online - go down and get your stuff
Link Posted: 1/19/2014 12:44:54 PM EDT
Link Posted: 1/25/2014 7:55:28 PM EDT
Left it in my laptop bag - TSA was kind enough to alert me to it's presence and fit me with some semi-custom jewelery.  

So SL airport police have it.  Was seized on August 8, so I'd imagine it's theirs now.  I've moved on.
Link Posted: 1/25/2014 10:08:34 PM EDT
Link Posted: 1/25/2014 10:48:13 PM EDT
No, my fine letter from TSA never arrived and I haven't flown since.  I know we didn't receive it and toss it by mistake.

"The incident" caused me to miss a work meeting.  I've got to fly to another in early Feb and I'm worried that I'm going to show up to the airport and be notified I'm on a no-fly list for failure to pay a fine.  

But I'm not eager to reach out to TSA and ask why they haven't fined me $2500 yet.  
Link Posted: 1/25/2014 11:26:12 PM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By DoctorNo:


I offer good advice .... and good spelling. I believe it also notified you of exactly what I was in my user title...
View Quote View All Quotes
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By DoctorNo:
Originally Posted By TnMike:
Originally Posted By DoctorNo:
Also, it's spelled "Sergeant".

Really?  Don't be "that guy".


I offer good advice .... and good spelling. I believe it also notified you of exactly what I was in my user title...


"it also" and that would that be referencing what exactly, or did you mean "I also" ?
Link Posted: 1/27/2014 3:43:00 PM EDT
[Last Edit: 1/28/2014 8:02:58 AM EDT by MP5MachinenPistole]
In my experience law enforcement is reluctant; and often flat will not, release evidence – specially a firearm – without an Order from the Court or without some other legal disposition.

If your firearm was seized as evidence (or for any other reason), you need an Order from the Court or a Writ of Mandamus stating that your firearm shall be released back to you.

If you do not now have an Order from the Court, you can petition the Court pro per (person who represents himself  / herself in a legal proceeding rather than have an attorney) to have the Court order law enforcement to release your firearm to you.

You can research how to do this online or contact the State BAR in your state for an attorney referral.  Often, these attorneys will offer a free 5 – 10 minute consolation; or, just a very modest fee for a full 15 – 20 minute consolation.

If you do not get your Court Order, you will need a lot of luck getting your firearm back from law enforcement.  Remember, the Sergeant that you are chasing does not care one twit if you get your gun back or not. Also, I am not so sure the Sergeant has the authority to release your handgun with a legal order to do so.

PS: If / when you do get your gun back, do not be surprised that it is damaged (to some degree).  



Link Posted: 1/28/2014 8:20:11 AM EDT
[Last Edit: 1/28/2014 8:21:52 AM EDT by MP5MachinenPistole]
Error ...
Link Posted: 1/28/2014 9:45:19 AM EDT
[Last Edit: 1/28/2014 9:45:56 AM EDT by johnreilly]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By MP5MachinenPistole:
In my experience law enforcement is reluctant; and often flat will not, release evidence – specially a firearm – without an Order from the Court or without some other legal disposition.

If your firearm was seized as evidence (or for any other reason), you need an Order from the Court or a Writ of Mandamus stating that your firearm shall be released back to you.

If you do not now have an Order from the Court, you can petition the Court pro per (person who represents himself  / herself in a legal proceeding rather than have an attorney) to have the Court order law enforcement to release your firearm to you.

You can research how to do this online or contact the State BAR in your state for an attorney referral.  Often, these attorneys will offer a free 5 – 10 minute consolation; or, just a very modest fee for a full 15 – 20 minute consolation.

If you do not get your Court Order, you will need a lot of luck getting your firearm back from law enforcement.  Remember, the Sergeant that you are chasing does not care one twit if you get your gun back or not. Also, I am not so sure the Sergeant has the authority to release your handgun with a legal order to do so.

PS: If / when you do get your gun back, do not be surprised that it is damaged (to some degree).  
View Quote



Not my experience. Had a handgun stolen about 10 years ago. It was recovered in a meth lab bust. The detective working the case called me and told me I could pick it up as soon as the defendant plead out or was convicted. He did and I did. I still have it too. No issues or hassle at all.



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