Police can confiscate issued gear in my car? - Page 2

Police can confiscate issued gear in my car?

This is a discussion on Police can confiscate issued gear in my car? within the Law Enforcement, Military & Homeland Security Discussion forums, part of the Related Topics category; Originally Posted by slidewayz240 I am in Charleston SC. I dono, like I said, Im not going disobey the orders given but it just got ...

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  1. #16
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    Quote Originally Posted by slidewayz240 View Post
    I am in Charleston SC. I dono, like I said, Im not going disobey the orders given but it just got me thinking as to "How the hell can they legally take my stuff? Even if an LEO see's body armor in my car, I do not feel that is enough cause for probable cause to search my vehicle"
    Technically it is not "your" stuff. It is the property of the US Military. You have signed for it, and it is under your control, but it is still military property. Used to run into this when I was in the AF. We were issued a tool box and tools, we were responsible for them, however we were not suppose to remove them from the duty section.

    Just a guess, but in most cases showing your military ID should suffice as proof that you have a legitimate need to carry it.

    As to the mall cop, just get in your car and leave, he has no authority.
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  2. #17
    Senior Member Array taseal's Avatar
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    oops, it's not 'GI' armor...

    well, they still can't take it. just because they don't think it's not right for a civilian gives them no right to take it.

    because a plier and scredriver could be used by thives, it gives them the right to take it?

    I assure you that no LEO in their right mind will take a vest out of your car. they might ask you why would u have ballistic vest, and then ask if there is anything else in there they need to know about (Like knives, guns, rifles, pistols etc etc) but they will not take it.

  3. #18
    Senior Member Array Crescentstar's Avatar
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    Quote Originally Posted by taseal View Post
    ok ok wait....

    let me clear this up for you.

    I'm LEO and also national guard with gear just like yours.

    that stuff is NOT your property. you didn't pay for it. you 'borrowed' them from the govt (which is why you sign for it) (remember CIIP?)

    first of all, none of those things are illegal to own (in most states) 2nd of all, it is US Govt property. nobody including law enforcement can take it from you without a reason.

    I have my kpod in my car like you, and if anyone wanted to why it was there, I would let them know I'm i the Army, and that's part of my issued gear. if they wanted to confiscate it, I would kindly let them know it's not an illegal item to own and that is US Govt property signed to you.
    What he said, plus, you have a duty to secure it properly.
    "Clearly that's a YOU problem not a ME problem."

  4. #19
    Member Array mcgyver210's Avatar
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    Quote Originally Posted by slidewayz240 View Post
    I just got out of a meeting and we were warned that if we had any issued gear in our car and a security guard at the local mall for instance or a cop could see it, they could wait at our car and confiscate it from us? I sometimes keep my body armor and helmet in my trunk as I use to to travel from our different training venues. I more often than none keep my IBA and kevlar helmet in the trunk out of sight but I was wondering the legitimate legal way they could just look into our car and say "hey im keeping this stuff until I find out why you have it". Repercussions discussed were something along the lines of the cop would confiscate our items, detain us, then call our unit to verify our need for these items. Now I am not saying I am not going to listen to my superiors or anything but, can a cop legally confiscate my gear just because they see it in my vehicle?

    It has been said here many times LEOs can & will do anything they want at the time. If it isn't legal so what nothing will happen to them but you will have to defend yourself no matter if the seizure is legal or not.

    Seizing private property, cash etc has become a business that even has a name Policing for Profit. If you don't get your gear back they will sell it or use it in many cases. We are not Innocent until proven Guilty anymore but instead we are Guilty until we prove we are not Guilty then we still have to fight for our seized property.
    mlr1m and The Old Anglo like this.
    Everyone has an opinion & this is just mine sorry if it offends anyone.
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  5. #20
    Member Array slidewayz240's Avatar
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    Worded wrong, I did not mean my gear as in MY gear... but anyways, as stated before, This stuff does not stay in my car unless it is traveling back and fourth from one location to another or if it just so happens to be in my vehicle while I am stopping at the store to get stuff done. Other than that this stuff is not on me. As stated before, I just posted to bring up the thought that an LEO can just "confiscate" these items because they are sitting in my vehicle or another persons vehicle.

  6. #21
    Member Array Gunsmoke16's Avatar
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    I would be more worried about somebody stealing the stuff myself. Car break-ins are up drastically since gas prices rose. Our area they have been smash & grab for pocket change or anything electronic like cell phones.
    Keep locked in the trunk or secured in there inside a lock-box of some sort bolted down. In TN if working security & did see it, the situation would depend on outcome. Public places-no problem, private property and would be wondering why you rolled up with armor, ask for ID, log you down as being there- If have military ID and valid reason to be there, no problem. If not and your intentions are unknown, call for cops and let them see if you are ok. Working security, we encounter all kinds of weird stuff- sometimes even more so than LEO's because if it's on our property, it is our responsibility to check/clear it...everything from abandoned cars, bags, strange people with green spiked hair, drunks etc. We will take precautions to make sure you're not a nutcase intent on harming us or someone else, but generally don't want anything of yours other than to clear you and feel a lot better when your off premise somewhere else. Have heard stories about mall ninja security guards and such, but mostly when you are working motels & construction sites you're looking for someone intent on theft or harming others.

    Most people don't realize exactly how much power security guards have on their property-be a good idea to research it for your area. Confiscating firearms and knives are an every day thing-just as LEO does-to protect us until we know what the
    truth is. Nope-don't want to keep it if don't have too...too much paperwork. Body armor don't usually hurt you though...LOL.

    Some areas like colleges etc., have guards that are state trained with same powers of any highway patrol-even worse than a
    local PD or Sheriff deputy-break the law there and they will chase you until caught and call in all local backup available.

    If you're military and have the id, shouldn't be a problem at all... I would like to sincerely thank you for serving our country and protecting us...thanks to all LEO & EMS here as well. It takes everyone working together to keep us safe.

  7. #22
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    In the age of gross fear over "terroristic threats" and the basic "confiscation" type statutes/ordinances on the books, anything's possible. Whether it's justifiable is something else entirely. If you've just been told that it's lawful to relieve you of your property, I'd ask for confirmation of the specific statutory justification for doing so.

    Reality: mere gear isn't a threat.

    Practical Reality: they can do whatever they do, whether they "get away with it" or not. Might occasionally does make right, more or less. Such is life, in our mixed-up society.
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    First, I wouldn't leave anything in plain view due to theft. 2nd, just b/c they shouldn't, doesn't mean they won't. Look at the problems encountered btwn some LEO's and OC'ers, and CC'ers - just restating what we've all seen.

  9. #24
    VIP Member Array blitzburgh's Avatar
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    Quote Originally Posted by slidewayz240 View Post
    This is not "GI" looking armor. It is just some second chance vest similar to what a LEO would wear under there clothes. We use it strictly for PT mostly. I keep this stuff at home when I do not need it on base. And from what I can find online, SC, and most states nationally, do not have a ban on body armor of any kind unless it is used in a crime or if you are a felon then you are not allowed to possess body armor. Anyways, thanks for the input guys, just food for thought and figured I would share.
    Didn't know a felon couldn't possess body armor.
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  10. #25
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    Quote Originally Posted by mprp View Post
    Having it in plain view of passers by, resulting in a smash and grab is worse than being questioned about it by LE. Keep it in the trunk.
    What he said you know how many gang bangers would love to steal some kevlar,keep it in the trunk or cargo area out of sight
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  11. #26
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    Quote Originally Posted by slidewayz240 View Post
    I just got out of a meeting and we were warned that if we had any issued gear in our car and a security guard at the local mall for instance or a cop could see it, they could wait at our car and confiscate it from us? I sometimes keep my body armor and helmet in my trunk as I use to to travel from our different training venues. I more often than none keep my IBA and kevlar helmet in the trunk out of sight but I was wondering the legitimate legal way they could just look into our car and say "hey im keeping this stuff until I find out why you have it". Repercussions discussed were something along the lines of the cop would confiscate our items, detain us, then call our unit to verify our need for these items. Now I am not saying I am not going to listen to my superiors or anything but, can a cop legally confiscate my gear just because they see it in my vehicle?
    1. No, it is not generally illegal for civilians to posses armor.

    2. Yes, it is illegal everywhere to have issued military "sensitive items" without authorization.

    Solution: Keep your orders handy. A memo from your commander wouldn't hurt, either. Our commander gives a switch-blade knife as a reward once in a while, and when he does, it comes with a memo, and with that memo we can even board aircraft with said knife while in uniform.

    If a mall cop wanted to try and take it, I wish him good luck in his attempt. I am under orders to keep all such items in my possession secure, and that means using force to prevent a mall cop from taking it. *I* can be in legal trouble if I allow the mall cop to take it.

    If it's a cop, no problem: while the cop is inventorying the items I'll be calling my chain-of-command, MPs, and my lawyer to file a civil suit against the precinct and the individual cop. I'll also want the cop's supervisor to show up and weigh in.

    Did I mention my voice recorder app on my droid would be running?

  12. #27
    VIP Member Array Cupcake's Avatar
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    Quote Originally Posted by Guest1 View Post
    A mall cop has no legal authority to be in your vehicle,he can not ,by law ,assume the duty's of a LEO
    We have to understand the difference between security officer and the mall cops that are sworn law enforcement officers - some malls do have sworn officers with legal authority to lock you up, etc.
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    No they can not. This is another one of the urban myths just a military version.
    Post or unit commanders can require any or all gear be stored on post when not in use, but that is between you and them not LEO.
    Most training Soldiers are sent to require they bring a packing list of gear with them. Change of duty station ect.
    I think I know a little about the Regs.

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    If your unit (or branch of service) allows your to transport issued gear off base, show the mall cops your military ID and tell them to piss off. You are "on-standby" 24/7 for recall.

    And then stow the gear out of sight before it gets "confiscated" or stolen.
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  15. #30
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    Now I am not saying I am not going to listen to my superiors or anything but, can a cop legally confiscate my gear just because they see it in my vehicle?
    Not unless you are suspected of a crime. If you get arrested for any reason, then your vehicle will be seized, an inventory of your stuff will be taken, and it will be either locked up in an evidence room or kept with the vehicle where ever it is impounded.

    No officer has the legal jurisidiction to seize anything unless a crime has been commited and in that case, you will have bigger issues...unless you are in one of the several states where socialism reigns, and then all bets are off.
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