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Thread: My Glock 19 was confiscated as "Evidence" during a wrongful arrest.

  1. #1
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    Unhappy My Glock 19 was confiscated as "Evidence" during a wrongful arrest.

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    Last edited by hekel; 07-22-2010 at 11:58 PM.

  2. #2
    Regular Member jahwarrior72's Avatar
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    delete this post, hire an attorney, and get your **** back.

    NOW.

  3. #3
    Regular Member Gunslinger's Avatar
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    Quote Originally Posted by jahwarrior72 View Post
    delete this post, hire an attorney, and get your **** back.

    NOW.
    Ask him about a writ of replevin.

  4. #4
    Regular Member virginiatuck's Avatar
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    Quote Originally Posted by jahwarrior72 View Post
    delete this post, hire an attorney, and get your **** back.

    NOW.
    EXACTLY! Nobody here is going to be able to help you any more than your public defender, unless they were hired as your attorney and had all of the facts of the case.

  5. #5
    McX
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    one would think that some opportunistic two bit insurance company would have jumped on, and started offering illegal search and siezure insurance. Money to be made on that idea i suspect.

  6. #6
    Regular Member Phoenix David's Avatar
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    Delete your post, get a lawyer and never ever ever carry non factory ammo for SD.
    Freedom is a bit like sex, when your getting it you take it for granted, when you're not you want it bad, other people get mad at you for having it and others want to take it away from you so only they have it.

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    There is no justification t hold your firearm.

    There is nothing wrong or illegal with carrying handloads.

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    Red face

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    Last edited by hekel; 07-22-2010 at 11:57 PM.

  9. #9
    McX
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    i don't think anyone was trying to flame you. they were trying to help. i carry bone stock ammo, as i utilize the 'be innocent of instigation' idea, custom loads in some official's eyes show intent to harm. i'm not saying it's right or wrong, their view, nor your carrying custom loads, all i'm saying is what i can to help.

  10. #10
    Regular Member jahwarrior72's Avatar
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    Quote Originally Posted by hekel View Post
    I agree, and i think the rest of the posts on this thread are uncalled for.
    1) I didn't think the topic of my thread was about carrying factory loads or handloads.
    2) If I had the money for a lawyer, raise your hand if you think i'd be using a public defender.
    3) If I had the money for a lawyer, why would I be so concerned about getting a $500 pistol back? When it would have costed me about $1100 minimum just for my preliminary hearing ( which was simply waived ).
    4) Trying not to get OFF-TOPIC, I'd rather carry handloads for personal defense... you know.. WHEN MY LIFE MIGHT DEPEND ON IT.

    The question was, what might I be able to do to reacquire my only carry gun in a timely fashion?
    Suggesting that i just pester the police station with my presence and possibly legal documentation would have been more welcome thoughts than "DELETE THIS POST". Along with all the negative attitudes, I'm surprised no one bothered to call me an a**hole. Perhaps these comments are just biased because I own a glock.
    And to think, this is the same forum that helped me fight Middletown PD when i was harassed a few years back while OCing a 6" S&W 686. Or perhaps its not a coincidence that I've been a member of the forums and/or watching them longer than those who decided to prettymuch bash me. Hmm, wheres a mod when you need one...

    Here, I'll refine the topic: IF YOU DON'T HAVE ANYTHING POSITIVE TO SAY, PLEASE REFRAIN FROM SHOWING YOUR IGNORANCE. ... I fear that the next comment will probably be some smartass telling me to shoot lead out of my stock barrel. ::Facepalms::
    no one here responded with a negative attitude, at all. we responded with the3 best advice we could give, being non-lawyers or court officers, and that is to stop posting, and talk to your lawyer. the only way you're going to be able to fight this is with a lawyer. your last comment, however, is rich and creamy with bad attitude and asshattery. you asked for advice, and you didn't like what you got. if you want to see me with a bad attitude, i can surely oblige you, but you won't like it, and frankly, i don't need your mom calling my mom to complain about it. so grow up.

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    .
    Last edited by hekel; 07-22-2010 at 11:57 PM.

  12. #12
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    Try the local ACLU. They just had the police give a guy's gun back in Florida

    Quote Originally Posted by hekel View Post
    Ok, perhaps I got a wee bit hostile, the bold "NOW" might have caused me to take it the wrong way, and comments on carrying factory ammo might have struck a nerve considering that I have a passion for reloading. I see choosing to carry handloaded XTPs no different than carrying factory goldensabers or hydrashoks... and how would an LEO know i used handloads to defend myself unless i said i did? I might have also been a little irritated because I got to carry my brand new Glock for about 1 month before some PATROLMAN on a power-trip decided to cuff me, beat the hell out of me, plant evidence, tell me he was gonna throw the book at me because I told him I didnt wish to speak w/o a lawyer present, and defending my personal rights landed me in prison with a $10K bail, AND caused me to loose my LCTF.
    My public defender just kinda says wait it out till they want to give it back. Even though he states there is no reason for them to hold my firearm. So I apologize if i happened to get a little testy. I was curious as to what i might be about to do outside of getting an attorney and spending an arm and a leg when I am as stated in the first post; not made of money. like many other people in this country I have a family to think about first.
    http://www.freerepublic.com/focus/f-news/2557073/posts

  13. #13
    Regular Member sultan62's Avatar
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    Ianal

    The reason people recommend that you delete the posts and get professional advice is that the Prosecution can and will use ANYTHING THEY CAN against you. If you have a minute, watch this video:

    http://www.youtube.com/watch?v=6wXkI4t7nuc

    It is a video by a law professor talking about why not to talk to the cops. You appear to understand this, since you said you told the cop you wouldn't talk without a lawyer, but the same applies to the internet. Anything you say here can and will be used, blah blah blah. People suggesting that you delete your posts, saying they couldn't help you more than a lawyer, etc. was truly written in your best interests, and they certainly weren't discriminating against you because you are a glock owner.

    One piece of advice I have found constant on this forum is to carry a recording device. I realize this is a little late, but perhaps it could help you in the future. You seem to be a target/unlucky given your stated previous problem with Middletown PD.

    The only other advice I could give you is to try to contact 2nd Amendment Rights organizations and such to ask for legal defense funds. Sometimes you can find a real option looking in areas like that.

    And remember, few if any of us are lawyers, and we don't have nearly enough information to offer you legal advice. Therefore, we are offering the advice we can. Namely, delete your posts so that they can't be used as evidence. You may not have the money for a good lawyer, which means you need to do as much as you can on your own.

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    .
    Last edited by hekel; 07-22-2010 at 11:57 PM.

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    Regular Member virginiatuck's Avatar
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    Until you get into court, you don't know whether or not you've said anything that could jeopardize your case. You may have watched that video, but maybe you didn't understand it all.

    "I've requested the pistol, magazines and bullets to be returned, as their only link to this police case is that I happened to be legally carrying them at the time."

    "With the exception of my hat (understandably), my pistol, 2 mags and 31 personal defense rounds, a new pack of cigarettes and a lighter, all my property has been returned."

    Supposedly you're not even linked to this case, so how can any of your property be linked to this case? Seriously, the police or prosecution would latch on to a statement like that and suggest that you acknowledge that your orange hat and even you are linked to this case. The hat is yours and you're supposedly innocent, yet you find it "understandable" that they are keeping it as evidence against you?

    You also may not have all of the "facts" of their case. It could be that they are somehow going to use the firearm, or even the lighter, as evidence against you. There could be other statements made by the witness(es) that you don't even know yet. Anything you say on here could help further or support those witness statements; you have no idea because you don't know what they said. The only thing you know is what you were charged with.

    I'm not attacking you here, I'm trying to help you. Since you don't believe us, ask your attorney whether he thinks you should post anything about this case on the Internet.

  16. #16
    Regular Member Phoenix David's Avatar
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    I'm just curious since you seem to know everything and we are too stupid to give you any good advise why you posted here in the first place?
    Freedom is a bit like sex, when your getting it you take it for granted, when you're not you want it bad, other people get mad at you for having it and others want to take it away from you so only they have it.

  17. #17
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    i did have the police report, and statements from the 'witness', including a repair estimate for the SUV, and numerous other documents, but none of you know what i know about the case because i intentionally left out details to protect myself and the judgement... its my word against another mans at this point, and he claims i threw rocks at his vehicle.

    unlike all of you i have more information on this case than you, and i have spoken with several attorneys, its a win case for me in the end, as there is no factual proof against me, and several statutes and caselaws to protect me.
    i posted this thread in hopes that perhaps someone might be able to offer some tips to help me get my firearm back promptly, because the department is telling me i cant have the firearm back until after the case is over, because they can, and my legal representation says it may be a couple months, and I know there is no reason to hold it, im getting different stories all over about when i may or may not get my firearm back. A few people made a few suggestions, but a few also just decide to treat me like some ignorant child.

    For these reasons I ask that a moderator please remove this thread as it had veered way off track.

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