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20 yo friend pulled over... gun taken.

UTOC-45-44

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smccomas wrote:
UTOC-45-44 wrote:
LEO 229 wrote:
smccomas wrote:
LEO 229 wrote:
roscoe13 wrote:

You're comparing apples to oranges again. In the car stereos the only thing in question is whether or not the suspect did something that's clearly illegal. In the case of the seized gun, they siezed it just in case there might be something about what the driver did that might be illegal, when they have NO articuable reason to suspect that a crime has been committed. By your logic, the police could sieze anything, from anyone, at any time just to see if there's some crime they can think up associated with that item.

Ignorance of the law is no excuse for cops...
You have missed the point.....

They believe a crime was being committed but could not find the proper charge. They will need some time to actually locate it.. (They are not aware that it does not exist)

You are not leaving with the possible evidence!!!

I hope the short version is easier for you to understand.

I see your point and understand the logic. Dont agree but I understand.

This is my perspective.I am responsible for my firearm, I am responsible for every round that leaves its barrel I am responsible for how it is used. The way I would look at it ismy firearm would then be in the possesion of indivdualsI do not know andI may or may not have anyway to prove that they took it.

Am I supposed to just assume that these clowns are notgoing to do something illegal with it. Its my firearm the rounds in it have my prints.If I am assumed guilty until proven innocent then I assume they are guilty until proven innocent.
I do not recall any cases where this has happened. And if it did.... you have a cop to refer to if your gun was used in a crime after being taken. They can interview him and put him on the box.
OF COURSEhe/she will deny this and will believed since LEO's are ALWAYS honest and they triumph over the Civilian :cuss::banghead:
Citizen not CivilianLEO's are not military and are notsubject to the UCMJ.
I stand corrected. Thank you. You got my point anyways.
 

UTOC-45-44

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smccomas wrote:
UTOC-45-44 wrote:
LEO 229 wrote:
smccomas wrote:
LEO 229 wrote:
roscoe13 wrote:

You're comparing apples to oranges again. In the car stereos the only thing in question is whether or not the suspect did something that's clearly illegal. In the case of the seized gun, they siezed it just in case there might be something about what the driver did that might be illegal, when they have NO articuable reason to suspect that a crime has been committed. By your logic, the police could sieze anything, from anyone, at any time just to see if there's some crime they can think up associated with that item.

Ignorance of the law is no excuse for cops...
You have missed the point.....

They believe a crime was being committed but could not find the proper charge. They will need some time to actually locate it.. (They are not aware that it does not exist)

You are not leaving with the possible evidence!!!

I hope the short version is easier for you to understand.

I see your point and understand the logic. Dont agree but I understand.

This is my perspective.I am responsible for my firearm, I am responsible for every round that leaves its barrel I am responsible for how it is used. The way I would look at it ismy firearm would then be in the possesion of indivdualsI do not know andI may or may not have anyway to prove that they took it.

Am I supposed to just assume that these clowns are notgoing to do something illegal with it. Its my firearm the rounds in it have my prints.If I am assumed guilty until proven innocent then I assume they are guilty until proven innocent.
I do not recall any cases where this has happened. And if it did.... you have a cop to refer to if your gun was used in a crime after being taken. They can interview him and put him on the box.
OF COURSEhe/she will deny this and will believed since LEO's are ALWAYS honest and they triumph over the Civilian :cuss::banghead:
Citizen not CivilianLEO's are not military and are notsubject to the UCMJ.
I stand corrected. Thank you. You got my point anyways.
 

smccomas

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UTOC-45-44 wrote:
smccomas wrote:
UTOC-45-44 wrote:
LEO 229 wrote:
smccomas wrote:
LEO 229 wrote:
roscoe13 wrote:

You're comparing apples to oranges again. In the car stereos the only thing in question is whether or not the suspect did something that's clearly illegal. In the case of the seized gun, they siezed it just in case there might be something about what the driver did that might be illegal, when they have NO articuable reason to suspect that a crime has been committed. By your logic, the police could sieze anything, from anyone, at any time just to see if there's some crime they can think up associated with that item.

Ignorance of the law is no excuse for cops...
You have missed the point.....

They believe a crime was being committed but could not find the proper charge. They will need some time to actually locate it.. (They are not aware that it does not exist)

You are not leaving with the possible evidence!!!

I hope the short version is easier for you to understand.

I see your point and understand the logic. Dont agree but I understand.

This is my perspective.I am responsible for my firearm, I am responsible for every round that leaves its barrel I am responsible for how it is used. The way I would look at it ismy firearm would then be in the possesion of indivdualsI do not know andI may or may not have anyway to prove that they took it.

Am I supposed to just assume that these clowns are notgoing to do something illegal with it. Its my firearm the rounds in it have my prints.If I am assumed guilty until proven innocent then I assume they are guilty until proven innocent.
I do not recall any cases where this has happened. And if it did.... you have a cop to refer to if your gun was used in a crime after being taken. They can interview him and put him on the box.
OF COURSEhe/she will deny this and will believed since LEO's are ALWAYS honest and they triumph over the Civilian :cuss::banghead:
Citizen not CivilianLEO's are not military and are notsubject to the UCMJ.
I stand corrected. Thank you. You got my point anyways.


Yes I did and unfortunately I am wrong just for grins I looked up the term civilian on websters and this is what I found from the american heritagedictionary

  1. A person following the pursuits of civil life, especially one who is not an active member of the military, the police, or a belligerent group.
 

swatpro911

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we all should write to the police chief to train these officers before they go out on the street enforcing laws without knowing how many laws are int he book and how many are valid. Officers do get training with their firearms, so how in the world they dont know any gun laws? I think they do know and testing innocent citizens on it and if they dont it, then they will charge them with it. Its all insider tricks of the agency
 

Chopper Dad

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Feb 25, 2007
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Fairfax, Virginia, USA
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LEO 229 wrote:
cato wrote:
LEO 229 wrote:
Your stoppedfor a broken tail light and the police observe $40,000 in $10 and $20 bills in a laundry bag in your back seat.

Can they seize it?
I hope not unless there is evidence it was used in or derived from a criminal action.
Guess things are different in Cali... or your just playing it safe to keep your popularity here. :lol:
FWIW, LEO229, I think you owe CATO an apology for that little zinger. The man may very well believe quite sincerely that "innocent until proven guilty" means exactlywhat it says. How is it that youare able totransition so easilyfrom a vague suspicion to"reasonable suspicion", and thento "probable cause"? I respectfully suggest that it's attitudes like this on the part of law enforcement that scare the hell out of the citizens of this great nation, not to mention the founding fathers. Do you TRULY wish to live in a society where "abnormal" behavior is automatically deemed criminal?
 

LEO 229

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Chopper Dad wrote:
LEO 229 wrote:
cato wrote:
LEO 229 wrote:
Your stoppedfor a broken tail light and the police observe $40,000 in $10 and $20 bills in a laundry bag in your back seat.

Can they seize it?
I hope not unless there is evidence it was used in or derived from a criminal action.
Guess things are different in Cali... or your just playing it safe to keep your popularity here. :lol:
FWIW, LEO229, I think you owe CATO an apology for that little zinger. The man may very well believe quite sincerely that "innocent until proven guilty" means exactlywhat it says. How is it that youare able totransition so easilyfrom a vague suspicion to"reasonable suspicion", and thento "probable cause"? I respectfully suggest that it's attitudes like this on the part of law enforcement that scare the hell out of the citizens of this great nation, not to mention the founding fathers. Do you TRULY wish to live in a society where "abnormal" behavior is automatically deemed criminal?
Off Topic...

You keep thinking that.....

I am entitled to my opinion. I do not see you telling others on here openly attacking me to apologise.

Till then, I suggest you mind your own business.
 

SicSemperTyrannis

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Back to the last off-topic issue: businesses depositing more than $10,000 - a CTRis still required, but businesses can (and regularly do) fall under an exception where the financial institution can create a list (run against the federal OFAC list regularly) of businesses (and individuals, if the banks policy allows for this) that do not have to have an individual CTR documented for every cash transaction over $10,000. The financial institution I am most familar with does not typically grant individuals this priveledge, but most commerical banks set up businesses accounts from the very beginning such that individual CTR's are not required. You may not remember this part of the account opening process (it would have been one signature on one page), but if you are depositing more than $10,000 into a business account and a CTR is not being filled out each time, it is because you are on this "list of acceptable large-cash depositers".The information is still being recorded every time you make a transaction over $10,000 into that account - the teller just doesn't have to fill out an individual CTR.

I said it takes "2 minutes" to fill out a CTR in an earlier post. It actually typically takes less time than that. The teller is only going to ask a very few, very basic questions - and then write down whatever you say (you aren't being interrogated, so there won't be any follow-up questions. If you say "my grandma gave me the money" - then that is exactly what they are going to write down. You won't be asked why your grandma has that much cash, or anything like that).

PS - I am really glad LEO 229 is part of this forum. I have benefited, and am thankful. Hating mostcops or thinkingmost cops are out to get"us" or thatmost cops intentionally do bad thingsis as irrational and absurd as saying "all men like football" or "all gay men hate women" or any other ignorant nonsense people are capable of saying.Let's judge people as individuals, based on their individual behavior....
 

BIG SHAFE

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Hilliard, OH, , USA
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LEO 229 wrote:
True... the police could seize ANYTHING. But this does not happen that often.
4th Amendment

"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."

Sounds illegal to me.
 

para_org

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LEO 229 wrote:
Chopper Dad wrote:
LEO 229 wrote:
cato wrote:
LEO 229 wrote:
Your stoppedfor a broken tail light and the police observe $40,000 in $10 and $20 bills in a laundry bag in your back seat.

Can they seize it?
I hope not unless there is evidence it was used in or derived from a criminal action.
Guess things are different in Cali... or your just playing it safe to keep your popularity here. :lol:
FWIW, LEO229, I think you owe CATO an apology for that little zinger. The man may very well believe quite sincerely that "innocent until proven guilty" means exactlywhat it says. How is it that youare able totransition so easilyfrom a vague suspicion to"reasonable suspicion", and thento "probable cause"? I respectfully suggest that it's attitudes like this on the part of law enforcement that scare the hell out of the citizens of this great nation, not to mention the founding fathers. Do you TRULY wish to live in a society where "abnormal" behavior is automatically deemed criminal?
Off Topic...

You keep thinking that.....

I am entitled to my opinion. I do not see you telling others on here openly attacking me to apologise.

Till then, I suggest you mind your own business.
No one is attacking you. Openly or otherwise.

And no one owes you an apology either.

Because no one HERE put ANY words in YOUR keyboard for YOU to communicate. THAT YOU managed to do all by YOURSELF.

WE just WATCHED you and RESPONDED to you. IF you were not so outrageous, then no one would bother with you. IS that why you are provocative ?
 

UTOC-45-44

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swatpro911 wrote:
we all should write to the police chief to train these officers before they go out on the street enforcing laws without knowing how many laws are int he book and how many are valid. Officers do get training with their firearms, so how in the world they dont know any gun laws? I think they do know and testing innocent citizens on it and if they dont it, then they will charge them with it. Its all insider tricks of the agency
They don't know them cuz they feel that Gun Laws don't apply to Them. It's that thing about Ignorance....
 

ijusam

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Kent county, Delaware, USA
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Itried to post a case of dogs alert on money being given little worth as much of the money is contaminated with drugs. for some reason the link came thru but the summery of the case didn't.

United States v Muhammed (92 F. 3d 648 (1996) Eighth Circuit

A drug dog alerted to $80,990 in currency located in an airline passenger’s bag. The money was seized by DEA agents.

In an asset seizure action, the court stated that it is well established that an extremely high percentage of cash in circulation in America today is contaminated with drug residue. The fact of contamination, alone, is virtually meaningless and gives no hint of when or how the cash became so contaminated.

The asset seizure was overturned.
 

Tomahawk

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You gotta love the logic:

"Why are you taking my money from me?"

"Because you have too much. So it's ours now. You might be a drug dealer."

"But I'm not a drug dealer."

"How do we know that?"

"Good point. I'm just going to kiss my money good bye, smile at the sunshine and be on my way. I"m so glad I live in the land of the free!:)"
 

sccrref

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gsh341 wrote:
LEO 229 wrote:
cato wrote:
LEO 229 wrote:
Your stoppedfor a broken tail light and the police observe $40,000 in $10 and $20 bills in a laundry bag in your back seat.

Can they seize it?
I hope not unless there is evidence it was used in or derived from a criminal action.
Off Topic...

Cato.. you should know this!!

YES!! You can seize it and make them prove where it came from. Drug transactions deal in small funds. NOBODY carries around cash in this amount.. NOBODY!! They could also be evading taxes and not reporting all their cash transactions at their business.

It is a known fact that drug couriers move drugs in one direction and then move the cash in the other. It is highly probable that the money is from an illegal enterprise.

Unless the person can prove where they got it... It is going to be hard to get it back. Once I run the dog over it.. if he hits on it for drugs.. they money will NEVER be returned.

If they withdrew it from a bank.... they will have their receipt.

Well, I guess I'm nobody. ;)
I wish I could be a nobody in this league or even a league a bit higher up there.
 

para_org

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Gotta love ALL of it.....

If I cannot 'prove' where the cash came from, it belongs to the state.

I wonder what suitable proof might look like?

(Um , no real reason to answer...the question IS, of course, rhetorical as there could be no encompassing answer. i.e. The 'state' wins and the LEOs' are happy because they are fighting victimless crime. OUTSTANDING. <- My kind of scenario.)
 

LEO 229

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Before any cash was confiscated.. the officer would obviously take a great deal of things into consideration before actually seizing it.

The point I was originally making before so many decided to spoof it and go off on their own.... was that "items" can be seized when there is a good and compelling reason to believe they are evidence. Evidence MUST be preserved when you suspect a crime has been or is being committed.

In the case of cash.... finding drugs or other items of contraband would bea huge deciding factor. It is also very rare for an every day citizen to travel between states with large sums of cash.

When I mentioned "nobody" carrying cash of high amounts.. I was talking about the average citizen on a daily basis. Business owners making deposits is expected and they would have receipts to prove where it came from. A citizen paying cashhe received from his bank to buy a car also has areceipt or transaction record.
 

para_org

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Yeah I got all of that.

None of that was in question.

The state's intentions, methods, results (or lack thereof), and 'their' necessity taking precedence over the Bill of Rights is disgraceful for both the LEOs in jack-booted footstep and for their lords directing these disgraces.

That was what I was remarking on. If it seems like I referred to remarks you might have made, well then you should take this up with your lords and masters that encourage this disgraceful behavior.
 

LEO 229

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para_org wrote:
Yeah I got all of that.

None of that was in question.

The state's intentions, methods, results (or lack thereof), and 'their' necessity taking precedence over the Bill of Rights is disgraceful for both the LEOs in jack-booted footstep and for their lords directing these disgraces.

That was what I was remarking on. If it seems like I referred to remarks you might have made, well then you should take this up with your lords and masters that encourage this disgraceful behavior.
Pointless dribble....
 
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