Had an incident

Freedom1Man · Mar 25, 2016

solus said:
sorry Freedom, there might be a hold if this were a DV altercation...1) my witnesses... 2) firearm brought into the situation... 3) BL PD tied up for a bit... 4) you did nothing wrong...

ipse

If it was DV4 in Washington he would be sitting in jail not posting in this forum.

Been charged in this state, you're guilty until proven innocent. I got the charges dropped but man oh man.

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solus · Mar 25, 2016

Freedom1Man said:
If it was DV4 in Washington he would be sitting in jail not posting in this forum.

Been charged in this state, you're guilty until proven innocent. I got the charges dropped but man oh man.

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since his witness said he did nothing wrong...but error in judgement in bring a firearm into the fracas ??

bonney lake police blotter has nothing listed whatsoever about fracas w/firearm

ipse

Alpine · Mar 25, 2016

DV related. Hrm.

Just wait until the mindless drones here vote in "extremist risk protection orders" via initiative and we have angry exes and anti-gun former roommates getting bored and calling police.

Freedom1Man · Mar 26, 2016

Alpine said:
DV related. Hrm.

Just wait until the mindless drones here vote in "extremist risk protection orders" via initiative and we have angry exes and anti-gun former roommates getting bored and calling police.

Very real worry in this state.

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briehl12 · Apr 7, 2016

So as of today, they are "holding" the weapon for safe keeping even though it was not held for evidence. However the prosecutor wants to hold it until new court date. He plead not guilty, which means now I have to wait for my weapon to be released or petition the court to release it.

solus · Apr 7, 2016

briehl12 said:
So as of today, they are "holding" the weapon for safe keeping even though it was not held for evidence. However the prosecutor wants to hold it until new court date. He plead not guilty, which means now I have to wait for my weapon to be released or petition the court to release it.

guess you need to start with your petition to the court working on releasing your firearm.

ipse

zaitz · Apr 7, 2016

briehl12 said:
Had an icident happen last Friday that I'm not 100% sure that I should talk about it, but never the less had Bonney Lake PD tied up for a bit. End result I was released, they took my weapon for a "24 hour hold" and now I'm being told they have to talk to the prosecuting attorney. FYI I did nothing wrong according to the police. Self defense.

when they were claiming they needed to take your weapon, did they give you an statutory authority for seizing your weapon or insisting you give it to them?

thanks!

z

sudden valley gunner · Apr 8, 2016

This is typical of all too many Western Washington PD.

To me it sounds like they are finding any excuse to deny the OP's property, and also see if the prosecutor can come up with charges to punish him for exercising a right they don't like.

solus · Apr 8, 2016

sudden valley gunner said:
This is typical of all too many Western Washington PD.

To me it sounds like they are finding any excuse to deny the OP's property, and also see if the prosecutor can come up with charges to punish him for exercising a right they don't like.

or, just saying w/o doubting anybody's audacity, the entire story hasn't been properly told, just saying mind ya...

ipse

briehl12 · Apr 8, 2016

Talked on the phone with the Bonney lake pa and she explained the situation to where it makes sense. She even said I was in the right, but for safe keeping they were going to hold onto it until the next court appearance. I have to go before he judge and petition to have it released. I asked why and she said due to the nature of the case. He is being charged criminally, I am not having any charges brought against me. The judge has not read the police report yet.

She did say she will not release it unless the judge ordered it.

solus · Apr 8, 2016

briehl12 said:
Talked on the phone with the Bonney lake pa and she explained the situation to where it makes sense. She even said I was in the right, but for safe keeping they were going to hold onto it until the next court appearance. I have to go before he judge and petition to have it released. I asked why and she said due to the nature of the case. He is being charged criminally, I am not having any charges brought against me. The judge has not read the police report yet.

She did say she will not release it unless the judge ordered it.

uh, the judicial system is holding your property, a firearm, for safe keeping where you are not being prosecuted because of the nature of the case....and you still have to petition the court to get your property back.

ipse

decklin · Apr 8, 2016

I'm sorry but that explanation doesn't make sense. They are violating your Fourth Amendment Rights by confiscating your property without due process.
Why do they insist it's for "safe keeping?" It seems to me you're not very safe with it in their station.

briehl12 · Apr 8, 2016

Not sure how much I can really say on here.

Freedom1Man · Apr 9, 2016

NavyLCDR said:
and you are going to have to pay for a background check on you before they will give it back.

Bingo and whom will receive that money to violate your right to be innocent until proven guilty.

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zaitz · Apr 9, 2016

briehl12 said:
Talked on the phone with the Bonney lake pa and she explained the situation to where it makes sense. She even said I was in the right, but for safe keeping they were going to hold onto it until the next court appearance. I have to go before he judge and petition to have it released. I asked why and she said due to the nature of the case. He is being charged criminally, I am not having any charges brought against me. The judge has not read the police report yet.

She did say she will not release it unless the judge ordered it.

They "took" your property and we can't find any justification for that in the rcw or federal law and now they won't give it back to you.

Have you considered a suit in federal court for damages, say, $1 million or so, for intentional violation of the right to keep and bear your arms?

z

sudden valley gunner · Apr 14, 2016

solus said:
or, just saying w/o doubting anybody's audacity, the entire story hasn't been properly told, just saying mind ya...

ipse

True that. I was just taking it into play as is and from personal experience with PD's on this coast.

Grapeshot · Apr 14, 2016

We will await clarifying details when they can be told.

rightwinglibertarian · Apr 15, 2016

briehl12 said:
Had an icident happen last Friday that I'm not 100% sure that I should talk about it, but never the less had Bonney Lake PD tied up for a bit. End result I was released, they took my weapon for a "24 hour hold" and now I'm being told they have to talk to the prosecuting attorney. FYI I did nothing wrong according to the police. Self defense.

Too many unanswered questions here, probably most you can't or shouldnt answer. If you were released then you had been arrested or at least detained. Now was that lawful? Was there genuine probable cause? If you did nothing wrong, then your weapon should have been immediately returned. Otherwise a warrant is needed and the firearm is inadmissible in court without it.

zaitz · Apr 15, 2016

rightwinglibertarian said:
Too many unanswered questions here, probably most you can't or shouldnt answer. If you were released then you had been arrested or at least detained. Now was that lawful? Was there genuine probable cause? If you did nothing wrong, then your weapon should have been immediately returned. Otherwise a warrant is needed and the firearm is inadmissible in court without it.

There is detention and there is arrest. Each of these things police can do under different criteria. A normal "detainment" should be anywhere from 2 to 20 minutes. A detainment should be done after articulable reasonable suspicion that a person has been involved in a crime or is about to be.

In the absence of a reasonable suspicion that "you" have been involved in a crime, they don't have a right to detain you. Moreover, if they initially had reasonable suspicion that you were involved in a crime and their conversation with you made it reasonable clear that you were not, you become or should become free to go and moreover, to leave with your property.

solus · Apr 15, 2016

zaitz said:
There is detention and there is arrest. Each of these things police can do under different criteria. A normal "detainment" should be anywhere from 2 to 20 minutes. A detainment should be done after articulable (sic) reasonable suspicion that a person has been involved in a crime or is about to be.

In the absence of a reasonable suspicion that "you" have been involved in a crime, they don't have a right to detain you. Moreover, if they initially had reasonable suspicion that you were involved in a crime and their conversation with you made it reasonable clear that you were not, you become or should become free to go and moreover, to leave with your property.

the number five comes to mind

ipse

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