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Thread: Injured vetís guns stolen by D.C. Emily Miller, TWT Cuffed, stuffed, jailed & disarme

  1. #1
    Herr Heckler Koch
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    Injured vetís guns stolen by D.C. Emily Miller, TWT Cuffed, stuffed, jailed & disarme

    http://www.washingtontimes.com/blog/...uns-stolen-dc/
    Mr. Kim was transporting his firearms from his parentsí house in New Jersey to South Carolina when he stopped at Walter Reed in Washington for a medical appointment in the summer of 2010.

    After being pulled over, handcuffed, arrested, thrown in jail overnight, his guns were confiscated by the city.

    In the end, the platoon leader felt forced to plead guilty to a misdemeanor charge, which was later dismissed, but the District still refuses to return to him $10,000 worth of firearms and parts. The national guardsman will deploy to Kosovo this summer. The city should return his property before he leaves to serve our nation overseas for the third time.

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    Just shameful.


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    Regular Member zoom6zoom's Avatar
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    MPD spokesman Gwendolyn Crump said the department ďnotified the respondentís attorney last week of his right to a hearing concerning the return of weapons.Ē
    Why do they require a hearing? The charges were dropped, they have no cause or reason to keep his property a minute longer. I just hope they haven't totally wrecked them.

  4. #4
    Herr Heckler Koch
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    It is apparently commonly difficult to regain seized weapons. Wisconsin requires court action too.

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    Regular Member Dreamer's Avatar
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    It may be particularly for DC metro to return this soldier's firearms--they've probably already be sold to local Bloods and Crips by the Metro PD. Such behavior seems to be the norm in the DC Metro area...

    http://www.washingtontimes.com/news/...case/?page=all
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggressionóand this is hogwash."
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    Regular Member Jack House's Avatar
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    Emily Miller? I'm starting to like that gal.

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    Quote Originally Posted by zoom6zoom View Post
    Why do they require a hearing?
    Because they need to buy time so they can figure out which officer took them home.......

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    Regular Member Freedom1Man's Avatar
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    ďI knew if I got one felony, my military career would be over,Ē Mr. Kim told me. Since the case was in civil court, the military officer couldnít help him with the charges.
    Red flags and warning bells. Trying someone for a felony in civil court? No. A felony is supposed to be tried in criminal court/grand jury or not at all.

    Something stinks in DC or with this story.
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

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    Regular Member Gunslinger's Avatar
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    Quote Originally Posted by Freedom1Man View Post
    Red flags and warning bells. Trying someone for a felony in civil court? No. A felony is supposed to be tried in criminal court/grand jury or not at all.

    Something stinks in DC or with this story.
    They meant civilian court.
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

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    DC MPD: "FOPA? Feh!"

  11. #11
    Campaign Veteran since9's Avatar
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    Quote Originally Posted by zoom6zoom View Post
    Why do they require a hearing? The charges were dropped, they have no cause or reason to keep his property a minute longer. I just hope they haven't totally wrecked them.
    I've been told by reputable legal authority the same is true for Colorado, namely, that if a person's firearm is ever seized in an arrest on suspicion of a crime, that's the last time you'll ever see it. They can hold it forever.

    Not that it's right... Unfortunately, the Fourth amendment failed to mention anything about returning property in a timely manner, once seized. It should be amended to read: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. All real and personal property thus seized must be remanded to the person from whom they were seized within 30 days after charges are dropped, within 30 days of the person's release if no charges are filed within that time."

    An arrest, particularly a wrongful for unlawful arrest, should NEVER constitute sufficient grounds for failing to remand property back to its rightful owner.
    The First protects the Second, and the Second protects the First. Together, they protect the rest of our Bill of Rights and our United States Constitution, and help We the People protect ourselves in the spirit of our Declaration of Independence.

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    Regular Member Freedom1Man's Avatar
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    Quote Originally Posted by since9 View Post
    I've been told by reputable legal authority the same is true for Colorado, namely, that if a person's firearm is ever seized in an arrest on suspicion of a crime, that's the last time you'll ever see it. They can hold it forever.

    Not that it's right... Unfortunately, the Fourth amendment failed to mention anything about returning property in a timely manner, once seized. It should be amended to read: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. All real and personal property thus seized must be remanded to the person from whom they were seized within 30 days after charges are dropped, within 30 days of the person's release if no charges are filed within that time."

    An arrest, particularly a wrongful for unlawful arrest, should NEVER constitute sufficient grounds for failing to remand property back to its rightful owner.
    The founding fathers were smart and insightful not prophets.
    It was something they had maybe never run across before. Maybe once the charges were dropped/found not guilty the person got their stuff back the same/next day. In my studies it's something I don't remember coming across before. Either way it time to storm the castle and hang the king.
    Provision for free medical attendance and nursing, for clothing, for food, for housing, for the education of children, and a hundred other matters, might with equal propriety be proposed as tending to relieve the employee of mental strain and worry. --- These matters obviously lie outside the orbit of congressional power. (Railroad Retirement Board v Alton Railroad)

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