How can illegally
seizing a firearm, even by a police officer, not be theft?
I mean, does that mean if an officer kills somebody because he didn't like his face it's not murder... since he was a police officer?
Not exactly... There is no true intent to permanently deprive you of the item.
Not wanting to go off topic... I will try to create a situation when this can happen...
It is 1AM and I find you walking down the road with6 car stereos in your hands that appear to have been torn from the dashboards of cars. They are not new in the box and you do not live in the area. You cannot tell me where you got them and have no sales slip.
I cannot possibly check the hundreds of cars on the streets as this will take hours. I do not have any known victims yet because everyone is sleeping. Isuspect you have stolen property in your possession. Do I let you leave with evidence?
I know.. many people will argue.. no crime.. not reason to stop.
I can seize the property based on the circumstances. I am going to hold them till the peoplecan check their cars in the morning and discover a missing stereo.
It is not a theft to seize the items from you. I suspect you have committed a crime and willbecollecting what I believe will turn out to be stolen property.
If nobody calls the next morning... you can have your stuff back.
Circumstances will obviously be different during the day since the theft of car stereos normally do not happen in daylight.
So I believe the cops need more time to check and see if the possession of the handgun violates any laws.
If they allow you to leave with the gun and find it was a felony.... you now have the evidence in YOUR control and they cannot charge you since... they no longer have the evidence they would need in court.
I hope this helps in understanding.