Laru845
9mm
I’ll sue for that if I can. They took 3 things. The shotgun, the case and the AirTag inside the case. I want everything back
How do I get my shotgun back?
- Thread starter Laru845
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FRANKIE
.308 Win
But they didn’t get the fourth thing,
Your will to get it back
Jsmegs77
.308 Win
Grand larceny much? Wow.
Laru845
9mm
Damn, rich people problems right there. Didn’t know that existed glad I learned something new. Now it’s a dream to own one of those one day.
spat
.950 JDJ
Then wake one of them up.
Same thing you'd do if you found a kilo of cocaine in some guys trunk after a stop.
spat
.950 JDJ
$20k gun *is* worth siccing a lawyer on them for.
It's one thing to write off some old Jennings. 25acp pistol as not worth the legal fee. A gun like that is another matter entirely.
Even if they destroyed it, I'd sue for a violation of your 5th ammendment rights. They owe you fair market value for it.
Not quite. Most agencies have a secure drop box for such items, which only the property Sgt has. My agency requires 3 signatures when dropping such amounts of narcotics - the arresting officer, assisting officer and desk officer when it's dropped.
OP: How'd it go?
Laru845
9mm
I called in the morning today, was told to call at 3 when the evidence room guy comes in. Didn’t call at 3 because I just caught corona and been in bed all day. It’s 9:17 right now and I’m thinking of calling. But I think I’m going to call tomorrow at 3.
Screw that. you should have went in anyway and done a swap with them
Acer-m14
20×102mm Vulcan
holy crap you caught the Long HangOver .. Happy New Year
Acer-m14
20×102mm Vulcan
I think .... if this Dept wants to gain any respect back ...
they should hand deliver his property at his home and apologize for the BS Delays ..
they should hand deliver his property at his home and apologize for the BS Delays ..
Laru845
9mm
Corona hit me hard, I could barely go to the bathroom let alone drive.
Laru845
9mm
Happy New Year brother
Laru845
9mm
They don’t care. Honestly I lost all hope of them releasing my property. I think I will have to take them to court.
Sorry to hear that. I was being facetious anyway.
Still, I would reach out to them and let them know the reason why you didn't call, otherwise they'll spin it into how they 'tried' to accommodate you. If you're honest about the 'rona you'll have to now wait til you're clear. I'm not sure I'd want to take the chance since you've posted this on a monitored forum. Wouldn't put it past them to charge you with assault if you went in positive.
You don't honestly believe this Dept gives a shit about the respect of pissant subjects, do you?
Laru845
9mm
Just got a call from the sergeant, he said they won’t give it back to me because it was part of a crime and they don’t have to. He said it will probably be destroyed in the coming months or weeks. He said “ I don’t know what you want to do but that’s our stand on it”… how should I word the small complaint.
gun_slinger_boy
.338 Win Mag
Very first line of the thread. "Hello I was charge with menacing 2nd degree and criminal possession 4th degree. I was not found guilty." So there was no crime committed. Why do they always play games? I hate about 99% of all police.
GOYABEAN
.950 JDJ
Yup justice system at it's finest 
Have you recorded your calls as some here have advised you to do?
If you have never filed a small claims case there is a certain procedure and you need to know how to do that. There are certain things which must be capitalized and verbiage to be used. It's been a long time since I've done it, so I don't fully remember except it was a PITA. I guess that's why we pay lawyers.
If you were found not guilty on all counts, I'm not sure how they conclude it was used in a crime unless there are circumstances you haven't shared. I'm guessing you may have brandished the gun in some sort of defensive posture which resulted in the menacing charge, but if you were exonerated the implication is then that you actually used the weapon in a lawful manner.
I'm guessing you are not a member of any 2A organizations, you could use that support if possible. You are going up against people that know better than you how the courts work. Your chances without a lawyer aren't great. I'm not sure if you can sue for legal expenses. It's too bad too, because I think it could be argued that your 4th and maybe even 5th amendment rights are being violated.
I wonder if a Constitutional Rights lawyer is what you should be looking into. A criminal defense lawyer wouldn't want to get into that...probably why your lawyer hasn't been very helpful.
Just how much do you want to put into this?
Laru845
9mm
I just wanna make it very clear that I didn’t even have the shotgun on me. The shotgun was always in my house under my bed inside a case. They asked me “can we go inside and see the shotgun” my mistake was saying yes. But I said yes because I did nothing wrong so I thought I didn’t have nothing to worry about.
Bustedknees
.308 Win
Os this police chief on social media?
It doesn't cost a dime to call him out and get the public's backing.
It doesn't cost a dime to call him out and get the public's backing.
Laru845
9mm
I didn’t record any phone calls. And I was not found guilty on the 2 chargers I was given. The shotgun was always in my room, under the bed inside a case. They asked me if they can come inside the house and see it I said yes, my mistake. Then they took it. No I’m not a member of a 2A organization but I will join after this occurrence. I will look for a constitutional lawyer and see what they say.
Laru845
9mm
Attachments
gun_slinger_boy
.338 Win Mag
That drives most people on this forum crazy. And rightfully so. The "I have nothing to hide so I have no issue letting police" xyz is exactly when people jammed up. And basically how you give up your rights. Your situation being a prime example. Remember if they are looking for something they will try their damndest to find something. Anything. I'm betting you've learned this lesson now. The police are NOT your friends!
Jmac00
.475 A&M Magnum
is anyone really surprised here??? LOl the police in New Yorkistan just LOVE fucking people over.
what to say to the police
(1) I want to speak to a lawyer ~~~then STFU
(2) NO, absolutely not
(3) am I free to go ~~~buh-by
what to say to the police
(1) I want to speak to a lawyer ~~~then STFU
(2) NO, absolutely not
(3) am I free to go ~~~buh-by
Saltwater60
20×102mm Vulcan
I’d tell them the only crime committed here is your theft of my property. They will not destroy it that fast but who knows if you’re trying to get it back maybe they will just to spite you.
If you’re going to file a suit I would file it quickly and put them on notice not to destroy it. Also I’m curious why they think it is part of a crime? Is it because they say you threatened someone with the shotgun? I hope you learned your lesson that the cops aren’t your friend and can’t be trusted at all. I know all the cops in my town and I wouldn’t let a single one in my house except my brother for family parties. Even if he was on the job I’d keep him out.
If you’re going to file a suit I would file it quickly and put them on notice not to destroy it. Also I’m curious why they think it is part of a crime? Is it because they say you threatened someone with the shotgun? I hope you learned your lesson that the cops aren’t your friend and can’t be trusted at all. I know all the cops in my town and I wouldn’t let a single one in my house except my brother for family parties. Even if he was on the job I’d keep him out.
Jsmegs77
.308 Win
Eek. As you’ve sadly discovered, the answer to “Can we go inside” regardless of reason is “No”, absent a warrant. If the shotgun wasn’t in play already, no reason to put in there. Though, if they were aware of it somehow and you refused them entry, they may have come back with a warrant to pick it up. I have heard that many agencies policy is to collect all firearms any time there is a police response to something, regardless of involvement (hopefully someone with more knowledge can correct me because that’s highly unnerving and of dubious legality in my limited knowledge).
OK, so what would your response be when you claim you called so and so at this time, this day and they said this, that and the other thing and they just tell the court nope, never happened, He never called so we destroyed it. They may have recordings, but do you know how to subpoena them? Have you even kept a written log of the calls? Time, date, what was said? Liar, liar pants on fire is not an adequate legal strategy. Document, document, document.
Dude, I feel for ya, but it's hard to maintain sympathy if you fail to take the advice offered. You can't half-ass your way through this. Everything you've said here and would have to say to a lawyer is hearsay without some proof. Maybe, just maybe your lawyer might be a witness to corroborate some of what you've said, but there's a good chance he's not going to want to get that involved. Afterall, he wants to keep in the good graces with these people. Even though he's a defense lawyer and supposed to be on 'your' side, that only counts while they're play acting in court. The only time lawyers will ever bare their fangs is when they have a boatload of cash to make or if they are (rarely) impassioned. You will be f'ked before his standing and reputation are. Why else do you think he was getting annoyed? Certainly not because he cares.
Maybe just going over the Sargent's head would be worth a shot? A registered letter sent to the Chief of Police? Along with copies of the release form from the DA. "which may be released to its rightful owner pursuant to your Department's policy" weasel wording for fuck him over if you want, we don't care.
If nothing else, I hope you have a full appreciation for why forums like this one exist and the passion of its members. Folks go out and buy a shotgun just because they can without a full understanding and reverence for the right that makes it so. Taking for granted that right is the single greatest thing we have going against us. The real 2A community is not nearly as large as the number of American gun owners. That is a problem and that most do not actively support the 2A groups that keep fighting to maintain that right. Bet with what you've learned here, you'd do it over differently.
Laru845
9mm
I don’t know why he said it was part of a crime when there was no crime committed. I should’ve told him that. I was just thinking of keeping my cool. All I told him was “ok”.
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