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Filing a theft report?

Trigger Dr

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Contact an attorney, there are a couple on the forum, and have them write a letter demanding return of the items.
 

sudden valley gunner

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Contact the Sheriff. He is a higher authority than your city police. They are denying your rights as enumerated by our state constitution. And it is theft if after being informed they are not lawfully holding onto property and don't return it.
Washington Revised Code RCW 9A.56.010: Definitions. (b) Having any property or services in one's possession, custody or control as bailee, factor, lessee, pledgee, renter, servant, attorney, agent, employee, trustee, executor, administrator, guardian, or officer of any person, estate, association, or corporation, or as a public officer, or person authorized by agreement or competent authority to take or hold such possession, custody, or control, to secrete, withhold, or appropriate the same to his or her own use or to the use of any person other than the true owner or person entitled thereto; or

I could be reading this wrong, even though it was involved in a case when the case is done they need to give it back.

And it is the principal of the matter. Don't let them play games with you Sylvia. Have you filed a complaint? Do this and make sure you get a copy, so the complaint doesn't disappear.
 

911Boss

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sudden valley gunner wrote:
Contact the Sheriff. He is a higher authority than your city police. They are denying your rights as enumerated by our state constitution. And it is theft if after being informed they are not lawfully holding onto property and don't return it.
Washington Revised Code RCW 9A.56.010: Definitions. (b) Having any property or services in one's possession, custody or control as bailee, factor, lessee, pledgee, renter, servant, attorney, agent, employee, trustee, executor, administrator, guardian, or officer of any person, estate, association, or corporation, or as a public officer, or person authorized by agreement or competent authority to take or hold such possession, custody, or control, to secrete, withhold, or appropriate the same to his or her own use or to the use of any person other than the true owner or person entitled thereto; or

I could be reading this wrong, even though it was involved in a case when the case is done they need to give it back.

And it is the principal of the matter. Don't let them play games with you Sylvia. Have you filed a complaint? Do this and make sure you get a copy, so the complaint doesn't disappear.
Calling the Sheriff would be wasted time. That time would be better spent going up the food chain at SPD.

The Sheriff is NOT going to get involved in a matter such as this, quote all the RCW you want citing the Sheriff as the Chief law enforcement officer of the county, it just isn't something they are going to get involved in (ask me how I know ;))
 

Beretta92FSLady

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I filed a complaint with the Attorney General of Washington State...but I am nto sure if he has authority over this, I am guessing he does. They will be getting back to me in the next week.

I have contact Det., Sgt., Lt and none of them seem to be interested in talking to me.

I called the prosecutors office and asked them if there is somethign they can do, and they said that it is not in their hands anymore because they declined to file charges.
 

BigDave

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Sylvia Plath wrote:
I filed a complaint with the Attorney General of Washington State...but I am nto sure if he has authority over this, I am guessing he does. They will be getting back to me in the next week.

I have contact Det., Sgt., Lt and none of them seem to be interested in talking to me.

I called the prosecutors office and asked them if there is somethign they can do, and they said that it is not in their hands anymore because they declined to file charges.
Sylvia just to ensure we are talking about the same contacts you have dealt with I called the following number and it goes to internal investigations and verified this is where a citizen can file a complaint.

Hopefully this is not repeating what you have done already.

Civilian Oversight of the Seattle Police Department OPA - Investigation Section

Seattle Municipal Tower 700 5th Avenue, Suite 1640 P.O. Box 34986 Seattle, WA 98124-4986
(206) 684-8797
Monday through Friday, 9 AM to 5 PM.
Voice messaging will record your message when the office is closed, and you will be called as soon as possible.
http://www.seattle.gov/police/OPA/docs/Civilian_Oversight.pdf
 

sudden valley gunner

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Quoting the rcw was just to point out my belief that it is theft no matter who does it.

I would file a complaint with the sheriff simply to create more of a paper trail that Sylvia is doing all she can do. Because the sherif does have the power to do something if he wishes. Sadly yes what you state is true about them probably not wanting to get involved.
 

BigDave

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sudden valley gunner wrote:
I would file a complaint with the sheriff simply to create more of a paper trail that Sylvia is doing all she can do. Because the sherif does have the power to do something if he wishes. Sadly yes what you state is true about them probably not wanting to get involved.
Cite that please :)
 

911Boss

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sudden valley gunner wrote:
...I would file a complaint with the sheriff simply to create more of a paper trail that Sylvia is doing all she can do. Because the sherif does have the power to do something if he wishes. Sadly yes what you state is true about them probably not wanting to get involved.
The person calling isn't the one who decides if the Sheriff's office takes a complaint, the Sheriff's office decides. There would be no complaint taken, no "paper trail", or anything else, hence my comment about it being a waste of time.

If you call the S.O. you would be referred back to SPD or possibly to a lawyer.
 

Johnny Law

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sudden valley gunner wrote:
Quoting the rcw was just to point out my belief that it is theft no matter who does it.

I would file a complaint with the sheriff simply to create more of a paper trail that Sylvia is doing all she can do. Because the sherif does have the power to do something if he wishes. Sadly yes what you state is true about them probably not wanting to get involved.
The Sheriff (or any other agency) will not take a report, or get involved with another agencies investigation/business. The ONLY thing that will get this resolved is to deal directly with the originating agency. Feel free to move up the chain of command if you are not getting a response. You can retain an attorney, but I can almost guarantee that it will not speed up the process, and will only cost you money that you don't need to spend. I understand it's getting frustrating, but keep after it. Keep all correspondence courteous and professional, andit will help your cause.

Btw, it is not a theft. JL.
 

sudden valley gunner

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In my opinion if you hold on to property that is not yours and don't immediately give it back when requested it is theft. The way I read the RCW it says the same.

Her case is long cleared, there are no other reason to hold onto her property.
 

Beretta92FSLady

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Ladies (what few of us around here there are), and Gentlemen.........THE PROPERTY HAS BEEN RELEASED!!!:celebrate:celebrate:celebrate:celebrate:celebrate



Not sure exactly why now after all this time or any of that, but I received a call today from a man with the last name Wilske from SPD saying to come and get my stuff...WHEW WHEW!!
 

Beretta92FSLady

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I would now like to find out why it took so long...then again, maybe it's better to just keep my mouth shut, go pick up my property and move on....I feel like something neds to be said though.
 

BigDave

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Sylvia Plath wrote:
I would now like to find out why it took so long...then again, maybe it's better to just keep my mouth shut, go pick up my property and move on....I feel like something neds to be said though.
Congrats Sylvia on your property being returned as far as pursuing it any farther will be like beating a dead horse but if you do I would call Civilian Oversight of the Seattle Police Department OPA - Investigation Section (206) 684-8797.

Dave


 

Beretta92FSLady

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NavyLT wrote:
Sylvia Plath wrote:
Ladies (what few of us around here there are), and Gentlemen.........THE PROPERTY HAS BEEN RELEASED!!!:celebrate:celebrate:celebrate:celebrate:celebrate

After 1 1/2 years of fighting, I finally go back to Wyoming next week for my divorce court trial. If I get back any of the 14 firearms that she has in her possession we'll have to go out and celebrate when I get back!
Sounds awesome to me....once I get my handgun back, I am going to run a couple of boxes of ammo through it....well, I am going to clean the damn thing first. I am sure they didn't clean it for me the past nine months!
 

911Boss

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Sylvia Plath wrote:
...once I get my handgun back, I am going to run a couple of boxes of ammo through it....well, I am going to clean the damn thing first. I am sure they didn't clean it for me the past nine months!

Why didn't you get that back with your CPL? Did they at any time give you any information on why they have been holding your stuff so long?

If the case is closed and over and prosecutor isn't filing, feel like giving any info on what started it all?

As to why now, it may have something to do with persistent pestering on your part.
 

Rugerp345

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This is just my opinion, but you're probably gonna get laughed out of the clerks office.
I assume a CHP is sorta like a drivers license, property of the issuing agency and must be returned on demand.
 
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