Traffic stop seizure

This is a discussion on Traffic stop seizure within the Carry & Defensive Scenarios forums, part of the Defensive Carry Discussions category; My 18yr. old son was stoped by the police and charged with carrying a consealed weapon. He had my Mossberg 500 in the trunk of ...

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Thread: Traffic stop seizure

  1. #1
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    Traffic stop seizure

    My 18yr. old son was stoped by the police and charged with carrying a consealed weapon. He had my Mossberg 500 in the trunk of the car he was riding in and got busted durring the subsequent search.
    The charges have since been dropped, but I am having to jump threw hoops it seems, just to get my property back.
    Does anyone have any sugestions? I don't seem to be getting anywhere with the local police or courts and hireing a lawyer to get back my $400. shotgun is not a option. I think the police really like my gun and want to keep it (It's a small town force with limited funds).

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    Distinguished Member Array 4my sons's Avatar
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    First off,

    Welcome to DC.

    My guess FWIW would be to talk to the DA or judge of the town if possible, then move up to your rep or senator. If the money is tight and you can't / don't want to basicaly buy back your peoperty.

    There are several LEO's on here that I'm sure will be along to provide much better advise.
    "fundamental principle of American law that a government and its agents are under no general duty to provide public services, such as police protection, to any individual citizen." [Warren v. District of Columbia,(D.C. Ct. of Ap., 1981)]
    If I have to explain it, you wouldn't understand

  4. #3
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    I would start off filing a stolen gun report...at the police station...
    I would FOIA (Freedom of Info Act) any and all info related to the incident...
    I would then contact the local media outlets...TV, newspaper(s)...and share with them the problem...
    I would also share with my local State rep and State Sen...
    Contact the NRA...but I doubt that they will do much...
    Possible letters to the editor in local print...
    I would then make a formal written request to the PD and note the different people/agencies contacted...

    You DID get a receipt for the gun taken by police, right?

    Good luck...this is the kind of crap that gives most cops a bad name...most are pretty good!

    OMO

    Stay armed...stay safe!

    Oh yeah...next time take guns out of any car you loan to your son.

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  5. #4
    VIP Member Array Sheldon J's Avatar
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    So what prompted the search?
    Without just cause can you say illegal search and seizure?
    Talk to the Chief or the city prosecuting attorney.
    "The sword dose not cause the murder, and the maker of the sword dose not bear sin" Rabbi Solomon ben Isaac 11th century

  6. #5
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    My 18yr. old son was stoped by the police and charged with carrying a consealed weapon. He had my Mossberg 500 in the trunk of the car he was riding in and got busted durring the subsequent search.
    The charges have since been dropped, but I am having to jump threw hoops it seems, just to get my property back.
    Does anyone have any sugestions? I don't seem to be getting anywhere with the local police or courts and hireing a lawyer to get back my $400. shotgun is not a option. I think the police really like my gun and want to keep it (It's a small town force with limited funds
    Did he consent to a search ?
    Was he arrested before or after the search ?
    What was the original charge ?

    It may be the charges were dropped because a weapon in the trunk, is not a "concealed" weapon.

    It sounds like there is more to the story than we are hearing.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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    Member Array Protect's Avatar
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    Quote Originally Posted by HotGuns View Post
    It may be the charges were dropped because a weapon in the trunk, is not a "concealed" weapon.
    Bingo.
    Now to get the stuff back...
    "When a man attempts to deal with me by force, I answer himóby force.
    "... No, I do not share his evil or sink to his concept of morality: I merely grant him his choice, destruction, the only destruction he had the right to choose: his own." -John Galt, Atlas Shrugged

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    If no charges are still pending, the gun should be returned. Trust me, they dont want a Mossberg 500 that bad.
    What kind of time frame are we talking about here? These things do take time. The court needs to send the proper paper work to the PD to give the go ahead to release any property related to the case. Once that happens, you should be able to pick up your shotgun.... but not everyone has access to the property room. Most likely there will be only one guy that can release property and you will need to talk to him.
    "Just blame Sixto"

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    Member Array houdini's Avatar
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    If you have to getting a lawer get on that knows the gun laws.

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    +1 on ret, Hotguns & SIXTO's advice!
    -Bark'n
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    "The gun is the great equalizer... For it is the gun, that allows the meek to repel the monsters; Whom are bigger, stronger and without conscience, prey on those who without one, would surely perish."

  11. #10
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    Had some experience with a similar situation some time ago. I filed a MOTION to the court, asking the Judge to issue a COURT ORDER for the release of my property.It was a simple handwritten letter on notebook paper, that is all you need. You have the right to do this to recover your property.It may take a little time to go through court. You will have to keep up with it throgh the clerck of courts office.
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  12. #11
    VIP Member Array peacefuljeffrey's Avatar
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    Boy, I'd sure like to read more from the original poster about the whys and wherefors of this situation. Like someone else said, there seems like there has to be more to this story than what we've been told so far.

    With the details we have, it seems strange that a shotgun in the trunk would be called a "concealed weapon" by any police officer worth his pay, so exactly why was it seized and the arrest made?

  13. #12
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    No matter how much I might want to be a "nice guy" to a police officer, just to make things easy on both of us, I refuse to waive any of my rights, especially with regards to searches. If he wants to search the trunk, he best have a warrant or some kind of probable cause.

    One trick here in CA is that if your gun is seized, even if the charges are dismissed and the case cleared, they cops will first tell you that you need a letter from the court saying the case was cleared. When you come back with said letter, they'll then tell you that you need a court order from the same judge who handled the case authorizing return of the gun. Once you have that, they'll tell you it'll take 2-3 weeks to process the paperwork, call back then. After about 6-8 weeks, they'll tell you to come pick up your gun. Then they'll try to soak you for $25 for a "background check" to make sure you can possess a gun (never mind that they can do this for free by running your DL like they do in the field). Then, if you're lucky, you'll only wait up to an hour for someone to find your gun. They won't always tell you that you need to bring a locking case and that some officers will require you to lock it and then they'll test to make sure it's locked.

    It's all designed to make getting your gun back as expensive as possible.
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  14. #13
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    Must be a Kali thing. We make it as easy as possible here.
    "Just blame Sixto"

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    Senior Member Array raysheen's Avatar
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    bump for more information form the original poster???

  16. #15
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    Thanks for the input fellow members...many good sugestions!
    I will try again writing to the judge involved in the case and give it a little more time....
    When in doubt, wup it out....

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