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 ...
July 31st, 2012 03:20 PM
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.
Originally Posted by slidewayz240
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.
Freedom doesn't come free. It is bought and paid for by the lives and blood of our men and women in uniform.
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July 31st, 2012 03:20 PM
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.
July 31st, 2012 03:21 PM
What he said, plus, you have a duty to secure it properly.
Originally Posted by taseal
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July 31st, 2012 03:22 PM
Originally Posted by slidewayz240
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.
Everyone has an opinion & this is just mine sorry if it offends anyone.
ALSO I don't HATE LEOs I just Hold them to a Higher Standard of the LAW & nothing anyone says will change my opinion on this
July 31st, 2012 05:55 PM
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.
July 31st, 2012 05:59 PM
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.
July 31st, 2012 06:16 PM
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.
July 31st, 2012 06:38 PM
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.
August 13th, 2012 02:08 AM
August 13th, 2012 04:31 AM
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
Originally Posted by mprp
"Outside of the killings, Washington has one of the lowest crime rates in the country,"
--Mayor Marion Barry, Washington , DC .
August 13th, 2012 06:36 AM
1. No, it is not generally illegal for civilians to posses armor.
Originally Posted by slidewayz240
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?
August 13th, 2012 08:06 AM
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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August 26th, 2012 09:04 AM
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.
August 26th, 2012 10:47 AM
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.
Retired USAF E-8. Official forum curmudgeon. Lighten up and enjoy life because:
Paranoia strikes deep, into your life it will creep. It starts when you're always afraid...
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August 26th, 2012 11:56 AM
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.
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?
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.
hecks...the next step towards registration and confiscation.
AR. CHL Instr. 07/02 FFL
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