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Thread: Public information

  1. #1
    Regular Member stuckinchico's Avatar
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    Public information

    Is there an act in the state of Alabama, where the Public can request information such as department policy?? if a generic form for this? Im trying to figure out how the sheriffs department is able to hold my firearm for me after an arrest where the firearm was took for safe keeping and not evidence. yes the arrest was for a violent felony, ( i paddled my son ) but they still arnt releasing my firearm.

  2. #2
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    Is it evidence? How did they come into possession of it?

    Section 15-5-16

    Restoration of taken property to defendant; property to be forwarded to court if not restored.

    (a) If it appears that the property taken is not the same as that described in a search warrant or that there is no probable cause for believing the existence of the ground on which the warrant issued, the judge or the magistrate must direct it to be restored to the person from whom it was taken.
    (b) If the property is not directed to be restored under the provisions of subsection (a) of this section, the judge or the magistrate shall annex together the search warrant, the return and the depositions and return them to the court having power to inquire into the offense in respect to which the search warrant was issued.
    (Code 1852, 841, 842; Code 1867, 4392, 4393; Code 1876, 4021, 4022; Code 1886, 4742, 4743; Code 1896, 5499, 5500; Code 1907, 7772, 7773; Code 1923, 5486, 5487; Code 1940, T. 15, 115, 116.)

    http://alisondb.legislature.state.al...75/15-5-16.htm

    Section 15-5-17

    Searching of person charged with felony for weapon or evidence in judge's or magistrate's presence.

    When a person charged with a felony is supposed by the judge or the magistrate before whom he is brought to have upon his person a dangerous weapon or anything which may be used as evidence of the commission of the offense, the judge or the magistrate may direct him to be searched in his presence and such weapon or other thing to be retained, subject to the order of the court in which the defendant may be tried.
    (Code 1852, 844; Code 1867, 4395; Code 1876, 4024; Code 1886, 4745; Code 1896, 5502; Code 1907, 7775; Code 1923, 5489; Code 1940, T. 15, 118.)

    http://alisondb.legislature.state.al...75/15-5-17.htm

    Section 15-5-31

    Search for dangerous weapon; procedure if weapon or other thing found.

    When a sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper has stopped a person for questioning pursuant to this article and reasonably suspects that he is in danger of life or limb, he may search such person for a dangerous weapon. If such officer finds such a weapon or any other thing, the possession of which may constitute a crime, he may take and keep it until the completion of the questioning, at which time he shall either return it, if lawfully possessed, or arrest such person.
    (Acts 1966, Ex. Sess., No. 157, p. 183, 2.)

    http://alisondb.legislature.state.al...75/15-5-31.htm

    Section 31-9-8

    Emergency powers of Governor.

    (a) The provisions of this section shall be operative only during the existence of a state of emergency, referred to hereinafter as one of the states of emergency defined in Section 31-9-3. The existence of a state of emergency may be proclaimed by the Governor as provided in this subsection or by joint resolution of the Legislature if the Governor in the proclamation or the Legislature in the resolution finds that an attack upon the United States has occurred or is anticipated in the immediate future, or that a natural disaster of major proportions or a public health emergency has occurred or is reasonably anticipated in the immediate future within this state and that the safety and welfare of the inhabitants of this state require an invocation of the provisions of this section. The emergency, whether proclaimed by the Governor or by the Legislature, shall terminate 60 days after the date on which it was proclaimed unless the Governor extends the emergency by proclamation or the Legislature extends the emergency by a joint resolution. Upon proclamation by the Governor of a state of emergency, the Governor may call the Legislature into special session. Additionally, the Lieutenant Governor or the Speaker of the House may request in writing that the Governor call the Legislature into special session. During the period that the proclaimed emergency exists or continues, the Governor shall have and may exercise the following additional emergency powers:

    ...

    (2) A law enforcement officer who is acting in the lawful discharge of the officer's official duties may disarm an individual if the officer reasonably believes that it is immediately necessary for the protection of the officer or another individual. The officer shall return the firearm to the individual before discharging that individual unless the officer arrests that individual for engaging in criminal activity or seizes the firearm as evidence pursuant to an investigation for the commission of a crime or, at the discretion of the officer, the individual poses a threat to himself or herself or to others.
    (Acts 1955, No. 47, p. 267, 8; Act 2006-522, p. 1210, 1; Act 2009-572, p. 1679, 1.)

    http://alisondb.legislature.state.al...975/31-9-8.htm
    Last edited by Kirbinator; 04-02-2011 at 05:48 PM.
    It takes a village to raise an idiot.

  3. #3
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    It's my belief that the state of Alabama will be compelled to comply with a request filed under federal FOIA. But I don't know that to be true.
    It takes a village to raise an idiot.

  4. #4
    Regular Member stuckinchico's Avatar
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    They took it when i got arrested for whats considered a violent felony. It was in my trunk secured. However they towed my vehicle and took my firearm for safe keeping. They refuse to return it to me because of the court case is still pending.
    I do not believe they have the authority to do this. But still they are

  5. #5
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    Section 13A-3-24

    Use of force by persons with parental, custodial or special responsibilities.

    The use of force upon another person is justified under any of the following circumstances:
    (1) A parent, guardian or other person responsible for the care and supervision of a minor or an incompetent person, and a teacher or other person responsible for the care and supervision of a minor for a special purpose, may use reasonable and appropriate physical force upon the minor or incompetent person when and to the extent that he reasonably believes it necessary and appropriate to maintain discipline or to promote the welfare of the minor or incompetent person.
    (2) A warden or other authorized official of a jail, prison or correctional institution may, in order to maintain order and discipline, use whatever physical force is authorized by law.
    (3) A person responsible for the maintenance of order in a common or contract carrier of passengers, or a person acting under his direction, may use reasonable physical force when and to the extent that he reasonably believes it necessary to maintain order, but he may use deadly physical force only when he reasonably believes it necessary to prevent death or serious physical injury.
    (4) A person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical injury upon himself may use reasonable physical force upon that person to the extent that he reasonably believes it necessary to thwart the result.
    (5) A duly licensed physician, or a person acting under his direction, may use reasonable physical force for the purpose of administering a reasonable and recognized form of treatment which he reasonably believes to be adapted to promoting the physical or mental health of the patient if:
    a. The treatment is administered with the consent of the patient or, if the patient is a minor or an incompetent person, with the consent of his parent, guardian or other person responsible for his care and supervision; or
    b. The treatment is administered in an emergency when the physician reasonably believes that no one competent to consent can be consulted and that a reasonable person, wishing to safeguard the welfare of the patient, would consent.
    (Acts 1977, No. 607, p. 812, 615.)
    It takes a village to raise an idiot.

  6. #6
    Regular Member Brimstone Baritone's Avatar
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    Any update on this?

    I remember talking to you in the chatbox on ALOC, and I still can't believe what they are putting you through. If there's anything we can do or anyone we can call to help you get this sorted out, let us know.

  7. #7
    Regular Member stuckinchico's Avatar
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    Im gonna sort this out with a sheriff that will no longer have a job when im done im patient lol

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