BAD: Cops Confiscate Lakewood (Ohio) Lady’s Arsenal; Motive Pending - Page 2

BAD: Cops Confiscate Lakewood (Ohio) Lady’s Arsenal; Motive Pending

This is a discussion on BAD: Cops Confiscate Lakewood (Ohio) Lady’s Arsenal; Motive Pending within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; [QUOTE=ArkhmAsylm;2020457]- A link to the court filing: http://www.lovelakewood.com/pdf/law/110817_guns.pdf The court has ordered the weapons returned to their owner. The Lakewood PD has given no reason ...

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Thread: BAD: Cops Confiscate Lakewood (Ohio) Lady’s Arsenal; Motive Pending

  1. #16
    VIP Member Array Old School's Avatar
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    [QUOTE=ArkhmAsylm;2020457]-
    A link to the court filing:

    http://www.lovelakewood.com/pdf/law/110817_guns.pdf

    The court has ordered the weapons returned to their owner.

    The Lakewood PD has given no reason why the weapons were seized in the first place.

    Seems to me there is a violation of the Forth Amendment of the Bill of Rights by the Lakewood PD here.

    OS
    "Violence is seldom the answer, but when it is the answer it is the only answer".

    "A nation of sheep breeds a government of wolves".

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  2. #17
    VIP Member Array mlr1m's Avatar
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    [QUOTE=Old School;2020751]
    Quote Originally Posted by ArkhmAsylm View Post
    -
    A link to the court filing:

    http://www.lovelakewood.com/pdf/law/110817_guns.pdf

    The court has ordered the weapons returned to their owner.

    The Lakewood PD has given no reason why the weapons were seized in the first place.

    Seems to me there is a violation of the Forth Amendment of the Bill of Rights by the Lakewood PD here.

    OS
    This is my problem with the whole mess. If they had a reason which i'm sure they did it should not be secret. If the government should not be able to take property without showing cause to begin with.
    Taking your property unjustly then forcing you to sue to get it back is doubling the wrong done by the first action. Now in effect you must pay with your time and money to get back what was stolen.

    Michael
    Tzadik likes this.

  3. #18
    VIP Member Array mlr1m's Avatar
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    Quote Originally Posted by SIXTO View Post
    Here is another thing to think about with this;

    Lets say for the sake of our discussion that the police took the guns from this lady for some legit reason. Lets say there was a protection order put out for domestic violence ( I have no idea if this is the case or not, its just an example)
    So the police go and remove the guns from her home, as law says must be done. Now the case never goes to trial. The victim pisses backwards, dies, disappears or whatever... Now these guns are in limbo. The police can't just give them back due to the liability, so they must get a court order. No judge is assigned to the case because its dissolved for lack of prosecution. That leaves our gun lady with one option; sue to get her guns back.

    Now we are always quick to assume that a lawsuit means wrongdoing by one party or another. But thats not always the case, as I've illustrated above.
    The example you state is accurate. The problem I have is the steps that have to be taken to get the property back in your example. There needs to be changes made so that in your example the property would be returned as soon as there is no legal reason to hold it. The burden should not be on the property owner but instead should be on the government.

    Michael
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  4. #19
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    Quote Originally Posted by TN_Mike View Post
    This is amazing. I hope there is more to this that the story reports but from what the comments on the story say this seems to be an all to common type of thing the police in Lakewood pull.

    This woman had a nice collection of guns. The police somehow found out about it, went to her house, with no search warrant by the way, and found she was not at home. They got the manager of the condo complex to open her unit without her consent ! and they went in and took all of her guns! When she found out, she went to the PD and asked for her guns back. The police acknowledge that the guns were legally owned but will not give them back without a court order!!

    I really hope she has a good lawyer and that she bankrupts the city for this!

    Cops Confiscate Lakewood Lady’s Arsenal; Motive Pending | Scene and Heard: Scene's News Blog
    If this is what we all can expect from the powers that be, we are in a load of trouble, we need to support the second amendment now more than ever.

    If the powers that be take our most important bargaining tool the next thing to come is we all will have to fall in line, not a good picture.

    ! know there are some bad apples out there, but IMO the decency and tolerance of the American people is a good enough to guarantee our freedom to have and carry arms. Period!
    Go with the glow

  5. #20
    VIP Member Array Harryball's Avatar
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    [QUOTE=mlr1m;2020764]
    Quote Originally Posted by Old School View Post
    This is my problem with the whole mess. If they had a reason which i'm sure they did it should not be secret. If the government should not be able to take property without showing cause to begin with.
    Taking your property unjustly then forcing you to sue to get it back is doubling the wrong done by the first action. Now in effect you must pay with your time and money to get back what was stolen.

    Michael
    I agree with you...This hole thing stinks of corruption....
    Don"t let stupid be your skill set....

    Never be ashamed of a scar. It simply means, that you were stronger than whatever tried to hurt you......

  6. #21
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    just a random thought on this.......I wonder how long, after she get the firearms back, until she gets robbed?
    Quemadmodum gladius neminem occidit, occidentis telum est.-Seneca

    "If you carry a gun, people will call you paranoid. If I have a gun, what do I have to be paranoid about?" -Clint Smith

    "An unarmed man can only flee from evil, and evil is not overcome by fleeing from it." -Jeff Cooper

  7. #22
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    Quote Originally Posted by mlr1m View Post
    The example you state is accurate. The problem I have is the steps that have to be taken to get the property back in your example. There needs to be changes made so that in your example the property would be returned as soon as there is no legal reason to hold it. The burden should not be on the property owner but instead should be on the government.

    Michael
    I don't disagree with you at all. Once the case is disposed of, the judge is supposed to order the property back to the rightful owner. Often, that doesnt happen for two reasons. First, nobody tells the judge that there is property that needs to be returned. That burden is on the defendant or his attorney. Second, a lot of judges will simply ignore those requests. I've had this happen to me more than once. The attorney asks, or even I'll ask and they will simply walk off the bench and leave us hanging. Like I said, that has happened more than once with different judges and courts. I know it has happened to other officers as well. It can be a catch 22 for the cops.
    "Just blame Sixto"

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