OC for ME
Regular Member
If malice is evident it will be manifest. But, I wouldn't burn up too many brain cells on this after six years. New, pistol and etc.
Lesson learned? Be more proactive and document, document, document.
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Dekalb: Confiscated weapon lost
- Thread starter 'Morgan Monroe'
- Start date
Lesson learned? Be more proactive and document, document, document.
Maverick9
Regular Member
I don't know that 'intent' is relevant here, but IANAL.
The idea put forth is if something is confiscated without cause, it is by definition 'theft'. If something is confiscated without cause, kept then with no documentation is not able to be found then that is evidence of stealing.
If a LEO puts you in his car and drives off without RAS, no crime committed, and you do not give consent or against your will, it's kidnapping. Angry (perhaps off-duty?) cop has done this recently and was charged, IIRC.
If the equipment was destroyed there should be reproducible records of such. We just can't have things being taken and then disappear without consequences.
But, true, six years, it's more a lessons learned than actionable in this specific situation.
The idea put forth is if something is confiscated without cause, it is by definition 'theft'. If something is confiscated without cause, kept then with no documentation is not able to be found then that is evidence of stealing.
If a LEO puts you in his car and drives off without RAS, no crime committed, and you do not give consent or against your will, it's kidnapping. Angry (perhaps off-duty?) cop has done this recently and was charged, IIRC.
If the equipment was destroyed there should be reproducible records of such. We just can't have things being taken and then disappear without consequences.
But, true, six years, it's more a lessons learned than actionable in this specific situation.
F350
Regular Member
You put forth the idea a LEO would never steal, I merely put forth proof they do.
Primus
Regular Member
Please quote and bold the part where I said "Leo would never steal".
Pretty positive I said it was more LIKELY that the gun was lost then stolen. As in a probability. Never even said it had anything to do with LEOs.... In fact my logic applies to the DA also.
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FallonJeeper
Regular Member
I would guess, the reason your case was dismissed was due to your property, simply being "lost". How can they prosecute a case when they can't maintain physical property?
Fallschirjmäger
Active member
I usually consider myself to be reasonable.
I find it much easier to believe it was confiscated and kept (stolen) than confiscated, logged into evidence, and then mysteriously 'disappeared' from a locked room with a responsible person guarding it.
I could easily in good faith report it being stolen to the FBI, it's a much more credible story than it mysteriously disappearing into thin air from a locked and guarded room.
Fallschirjmäger
Active member
As the lost property had absolutely nothing to do with the crime for which he was charged (and dismissed), it's pretty easy.
Let's say someone steals a car and among the items confiscated for safe keeping/evidence is a bowling ball. The bowling ball ends up missing from the evidence room. How is that going to affect the charge of car theft? (Well... maybe if the bowling ball was used to smash the window..... maybe...)
OC for ME
Regular Member
Calling upon the organization that you suspect of stealing your stuff to investigate whether or not that organization in fact stole your stuff. What could go wrong with that?
davidmcbeth
Banned
I have never known any cop who did not "find" something that did not belong to him.
From Chgo though ... so I cannot say ALL cops steal. Only the ones I knew..and they were quite open about it.
From Chgo though ... so I cannot say ALL cops steal. Only the ones I knew..and they were quite open about it.
'Morgan Monroe'
New member
The man has persistence - I commend him for that.
Perhaps filing a civil suit for the value of the gun + expenses + interest against both agencies is the way to go. Let the judge make the determination.
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Superlite27
Regular Member
Outstanding!
The article makes the local police department seem rather inept. Now, with a little visibility in the press, they have a little incentive to "make it right" with you.
Keep us informed about the location of your firearm and how you are treated.
Often, folks who are dismissed as problems suddenly become "sirs" and "ma'ams" once the T.V. cameras show up.
davidmcbeth
Banned
"seem"? lol They ARE.
I'd be bothering them every minute of every day ... but that's me, Mr. Nice Guy.
Fallschirjmäger
Active member
"Hey, y'all know that gun everybody said we lost? Yeah, well we didn't lose it. I know we said we searched for it and couldn't find it for the last couple of years, but ya know what? It was here all along. Yeah, I sat down at my desk an' there it was, big as Jesus 'n' sittin' right there in the In Box. Can ya believe it? Yep, not a thing to do with that news reporter lady at all, just a little misplacin' of things."
davidmcbeth
Banned
This sarcasm or did they find the gun? Like a cop took it home and then returned it and then "found it" ... we know the drill there.
Fallschirjmäger
Active member
The "missing" firearm was ""found"" and will soon be back in the hands of the original owner.
OC for ME
Regular Member
Likely several hundred rounds more broken in.
davidmcbeth
Banned
****maybe**** lol
If gotten back, the OP should have it checked out to see if it was fired ... OP indicates it was a relatively new gun, a gunsmith should be able to tell if the gun was used after it was stolen from him by the cops.
If I were a betting man I would bet that a cop took it home and used it ... only upon publicity did he return it and he thinks that the blue code of silence will prevent the truth from being discovered. But there would be evidence .. the wear on the gun.
F350
Regular Member
Fallschirjmäger
Active member
I'd like to shake the hand of the gunsmith that could determine with any certainty a certain pistol had fired 300 rounds or only fired 100.