Police can confiscate issued gear in my car?

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; 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 ...

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Thread: Police can confiscate issued gear in my car?

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    Member Array slidewayz240's Avatar
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    Police can confiscate issued gear in my car?

    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?


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    VIP Member Array mlr1m's Avatar
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    Just asking. What would be their legal grounds for seizing your property?

    Michael

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    Check your local laws.

    Are such items prohibited or regulated in your state? What about the municipalities you pass through? Does your state consider the car to be a "public place" or an extension of the home?

    Too many variables to give a simple answer, especially since I don't know what state you're in, much less the laws there...

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    Distinguished Member Array Burns's Avatar
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    I don't see how they could... any civilian can own body armor..
    Eagleks likes this.
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    A mall cop has no legal authority to be in your vehicle,he can not ,by law ,assume the duty's of a LEO,if it is in plain sight,i.e.laying in seat,floor boards then a LEO might have the authority to detain you till verification.I don't think it is because you have it,it's legal for civilians to own it anyway,but rather because it is G.I.

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    VIP Member Array mlr1m's Avatar
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    Quote Originally Posted by Burns View Post
    I don't see how they could... any civilian can own body armor..
    That could depend on the persons local laws. Oklahoma made a failed attempt at banning them a couple of years ago.

    Michael

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    Distinguished Member Array Burns's Avatar
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    Quote Originally Posted by mlr1m View Post
    That could depend on the persons local laws. Oklahoma made a failed attempt at banning them a couple of years ago.

    Michael
    True...
    Those who make peaceful revolution impossible will make violent revolution inevitable- JFK

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    Member Array slidewayz240's Avatar
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    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"

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    VIP Member Array sgb's Avatar
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    Sounds like a load of hooey to me.
    BkCo1, JerryMac, CIBMike and 1 others like this.
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    I think that this
    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.
    the fourth admendment covers this pretty well.

    If body armor is illegal where you are then there is probable cause, if it is legal, then they can't seize it, to even confirm that it is GI.

    Now they can wait by your car to see if you walk out of the mall, suit up in all of your battle rattle, grab a couple of weapons out of your trunk and go on a shooting spree, but they cannot seize it if it is legal to own where you are.
    “You can sway a thousand men by appealing to their prejudices quicker than you can convince one man by logic.”

    ― Robert A. Heinlein,

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    Ex Member Array Yoda's Avatar
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    If materiel fitting that description were reported stolen that would be PC (probable cause) for searching and detaining if they were plainly visible. If you are not supposed to have your GI gear outside the base..? Not sure if it is uniquely identified but it may have been an exaggeration to ensure you do not leave your gear visible for theft.

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    Senior Member Array Crescentstar's Avatar
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    I don't see them being able to take it, especially the security guards, BUT, I certainly would never leave the items in plain view for anyone to see in the first place. I don't leave anything expensive in plain view.
    "Clearly that's a YOU problem not a ME problem."

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    VIP Member Array mprp's Avatar
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    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.
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    Member Array slidewayz240's Avatar
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    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.

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    Senior Member Array taseal's Avatar
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    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.

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