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  • SONYEXEC
    Member
    • Jan 2008
    • 245

    My signature

    Okay, I have received a few PMs asking what I mean in that portion of my signature block that reads Sig P230 (stolen by fullerton PD) so here's the skinny on what happened that fatal Christmas Eve.

    Parked on a main blvd in fullerton on christmas eve night (circa 1990's) waiting for the girlfriend to get home from midnight mass. it's about 12:40a I'm sitting in my car smoking a cig (tobacco) when a fullerton pd car pulls up behind me. He gets out asks what im doing and i tell him ( I understand the guy may think im a look out or some other character up to no good, casing the apt complex or something...i get it that's their job). He asks for the GF's name and phone to verify I know someone there, he sees my car packed with wrapped gift boxes (which is what I was there to drop off). He asks why Im wearing gloves me: "because it's 48 degrees out" he asks what that flashlight is doing in my car (back seat floor board) me: "it's my flashlight I carry in my car for emergencies and the like" (car was a hatchback so no trunk). He checks out the gift tags on the boxes and sees they all have "from: my name" which naturally matches my driver's license.

    He asks me to step out and sit on the curb and he goes through the car. Now rewind to approx 1:00pm earlier that day. While out last minute gift buying I went to the gunsmith to pick up my P230 that was being serviced, got the receipt, put the gun & receipt in the glove box (NO BULLETS ANYWHERE IN THE CAR, ON ME ETC NO BULLETS PERIOD) then locked it and continued with my day out & about visiting & shopping winding up at the GF's apt at 12:40a.

    So back to me on the curb. I hear him pull the keys out of the ignition, open the glove box then I think holy crap the gun! But im not worried because there are no bullets anywhere. I hear him rack the gun, he comes out and asks "what's this" so I explain (see above) and tell him look at the receipt you can see it's dated today and there aren't any bullets. Well he doesnt care so off i go to fullerton PD jail. I ask to speak to a supervisor who does come to me and I explain that gun was being carried legally and to please look up the code that references how a gun should be carried in a car in the state of Calif. He does and they kick me loose. Of course I had my car impounded and my gun impounded so it was an expensive evening. I go back 3 days later to get my gun from their custody and the run-around begins, first with "we can't find it" and it went on from there. After a number of letters and calls to the powers that be in fullerton PD I got a big fat NOTHING (we're talking 2 months now).

    Being a good law abiding citizen of this country I exercised my right to sue and took fullerton PD to small claims court for the cost of the gun. Long story longer, I got back my $450 for the gun PLUS, and i thought it would be a long shot but what the hell, I recovered my cost for the impounding of my car PLUS the cop and the PD got a good tongue lashing from the judge (something about not excercising proper judgement and being intrusted with the pulblic's trust etc) - SWEET VICTORY. After telling the story to a few cop friends the concensus is that some cop kept that nice, new (less than 75 rounds) sig for himself, it certainly would not have been destroyed like some $50 throw-away gun.

    And that folks is how the statement "stolen by fullerton PD" came to be.

    Thanks for listening.
    Armand

    S&W 915 9mm ~ Colt Gov't .45 ~ Taurus 85 .38
    Sig P220 Carry ~ Sig P239 ~
    Winchester 1300 defender 12g
    >>> RETIRED <<<
    Walther PPK ~ S&W 686 ~ Ruger Security Six
    Sig P230
  • #2
    daemonite
    Member
    • Jan 2008
    • 238

    Why did you let him search the car? What was his cause?

    Comment

    • #3
      dreyna14
      Senior Member
      • Feb 2008
      • 1594

      Yes, I agree with daemonite. He didn't seem to have probable cause to search, I personally wouldn't have given him permission to search my car in that situation. Either way, I'm glad that the judge was generous to get you reimbursed for everything plus a little more. I also agree that there is also some cop out there happily with your gun. I'm wondering if it's possible to report the gun stolen (with serial #), then if someone tries to register it...BUSTED!!! Then maybe you get the gun, and the money, back.

      Comment

      • #4
        rgs1975
        Senior Member
        • Oct 2005
        • 1900

        Originally posted by daemonite
        Why did you let him search the car? What was his cause?
        My first question as well when I read your post. My answer to him would have been no.
        It's too late, it's over.

        Comment

        • #5
          Glock22Fan
          Calguns Addict
          • May 2006
          • 5752

          There's people on this board who regularly ask "But why would you refuse a search if you are doing nothing illegal?"

          This is why. Stand up for your rights.
          John -- bitter gun owner.

          All opinions expressed here are my own unless I say otherwise.
          I am not a lawyer and this is not legal advice.

          sigpic

          Comment

          • #6
            GenLee
            Veteran Member
            • Sep 2007
            • 2675

            Thats just sh***Y right there!! Sorry for your loss, but very well done on exercizing your rights for at least the monitary recovery.
            sigpic

            "Lest we forget" .... General Robert E. Lee

            "Do I have the right to do it?" "Yes, you do" "Can I do it then?" "No, you can't" - Nick

            "No arsenal, or no weapon in the arsenals of the world, is so formidable as the will
            and moral courage of free men and women. - Ronald Reagan

            Comment

            • #7
              davedog665
              Senior Member
              • Jul 2007
              • 525

              wow got to love the fact you won in court and the system worked after it got out of the pd hands.

              Another reason to refuse a search he did nothing wrong but look at the trouble it caused.
              Hi cap=standard capacity!!! 10rnd=reduced capacity!!!
              "A coward dies a thousand deaths; A hero dies but one" William Shakespeare

              Comment

              • #8
                WolfMansDad
                Senior Member
                • May 2006
                • 838

                Now, before you guys get too hard on SONYEXEC for allowing the search, it sounds to me like he was never asked for his permission.

                He asks me to step out and sit on the curb and he goes through the car.
                I've been in that situation as a young man. They don't ask, "May I have a look inside your car?" like they do on TV. They just say, "Get out of the car." and go to work. Growing up in the South, this happened to me a few times. Made me madder than hell, but when you're 16 or 20 years old and your dad is not the mayor, there's not a lot you can do.

                Comment

                • #9
                  battlehatch
                  Senior Member
                  • Jan 2007
                  • 614

                  I was looking through my learning domains to cite the particular section that has to do with issuing a reciept for any items taken. There is a section that states that a receipt must be given "without delay". The only exclusions are contraband and evidence. Since you didn't commit any crime, that should have been catalogued and handled more closely. I suspect that's why the judge gave you the win. Sorry about your experience. Things I would be concerned with would be any liability with a pistol floating around with your name on it, but that is cleared by the suit you won. On the bright side, whoever has that pistol can't legally register it. Most people think that cops will just get away with things like this, and for the most part, I think they do. But every once and a while they do get caught with their hand in the cookie jar. Look at the two cops in Sonoma County that were caught with full auto weapons and destroying evidence... Just remember, not ALL cops are bad.

                  Comment

                  • #10
                    Full Clip
                    I need a LIFE!!
                    • Dec 2006
                    • 10263

                    Sorry you had this experience.
                    Overly curious officer + improperly secured firearm = bad mojo
                    That said, there's no reasonable excuse for your property not being returned to you.

                    Comment

                    • #11
                      dfletcher
                      I need a LIFE!!
                      • Dec 2006
                      • 14787

                      Originally posted by SONYEXEC
                      Okay, I have received a few PMs asking what I mean in that portion of my signature block that reads Sig P230 (stolen by fullerton PD) so here's the skinny on what happened that fatal Christmas Eve.

                      Parked on a main blvd in fullerton on christmas eve night (circa 1990's) waiting for the girlfriend to get home from midnight mass. it's about 12:40a I'm sitting in my car smoking a cig (tobacco) when a fullerton pd car pulls up behind me. He gets out asks what im doing and i tell him ( I understand the guy may think im a look out or some other character up to no good, casing the apt complex or something...i get it that's their job). He asks for the GF's name and phone to verify I know someone there, he sees my car packed with wrapped gift boxes (which is what I was there to drop off). He asks why Im wearing gloves me: "because it's 48 degrees out" he asks what that flashlight is doing in my car (back seat floor board) me: "it's my flashlight I carry in my car for emergencies and the like" (car was a hatchback so no trunk). He checks out the gift tags on the boxes and sees they all have "from: my name" which naturally matches my driver's license.

                      He asks me to step out and sit on the curb and he goes through the car. Now rewind to approx 1:00pm earlier that day. While out last minute gift buying I went to the gunsmith to pick up my P230 that was being serviced, got the receipt, put the gun & receipt in the glove box (NO BULLETS ANYWHERE IN THE CAR, ON ME ETC NO BULLETS PERIOD) then locked it and continued with my day out & about visiting & shopping winding up at the GF's apt at 12:40a.

                      So back to me on the curb. I hear him pull the keys out of the ignition, open the glove box then I think holy crap the gun! But im not worried because there are no bullets anywhere. I hear him rack the gun, he comes out and asks "what's this" so I explain (see above) and tell him look at the receipt you can see it's dated today and there aren't any bullets. Well he doesnt care so off i go to fullerton PD jail. I ask to speak to a supervisor who does come to me and I explain that gun was being carried legally and to please look up the code that references how a gun should be carried in a car in the state of Calif. He does and they kick me loose. Of course I had my car impounded and my gun impounded so it was an expensive evening. I go back 3 days later to get my gun from their custody and the run-around begins, first with "we can't find it" and it went on from there. After a number of letters and calls to the powers that be in fullerton PD I got a big fat NOTHING (we're talking 2 months now).

                      Being a good law abiding citizen of this country I exercised my right to sue and took fullerton PD to small claims court for the cost of the gun. Long story longer, I got back my $450 for the gun PLUS, and i thought it would be a long shot but what the hell, I recovered my cost for the impounding of my car PLUS the cop and the PD got a good tongue lashing from the judge (something about not excercising proper judgement and being intrusted with the pulblic's trust etc) - SWEET VICTORY. After telling the story to a few cop friends the concensus is that some cop kept that nice, new (less than 75 rounds) sig for himself, it certainly would not have been destroyed like some $50 throw-away gun.

                      And that folks is how the statement "stolen by fullerton PD" came to be.

                      Thanks for listening.
                      Interesting report and well put - you won the case, did the city satisfy the judgement? I do disagree on one point. Gloves need not be worn so long as the temperature is above the teens.
                      GOA Member & SAF Life Member

                      Comment

                      • #12
                        cobra198
                        Senior Member
                        • Apr 2007
                        • 854

                        Thats quite the story. That sucks that you had to go through all that fuss to get reimbursed, but atleast you got paid in the end!

                        Comment

                        • #13
                          MudCamper
                          Veteran Member
                          • Mar 2007
                          • 4595

                          I must be missing something. From the account you gave, you were in fact guilty of violating 12025 (concealed handgun). The handgun was concealed. 12026.1 exempts you from 12025 when transporting in your motor vehicle, but NOT if you put the handgun in the glove box. That is specifically stated in 12026.1. Why didn't they prosecute you for a 12025 violation? Was the gun in a locked box that you then put in the glove box? The fact that it was not loaded and no ammo was present are irrelevant. That only means you weren't also guilty of a 12031 violation (loaded firearm).

                          Comment

                          • #14
                            SONYEXEC
                            Member
                            • Jan 2008
                            • 245

                            All.........thanks for reading the story. And the answer to consenting to a search goes something like this. When he asked me to step out, I told him him straight out that I am not consenting to a search of my car, then told him he has no reason to search my car there was nothing suspicious about it (later I found his probable cause was the gloves I had on and the flashlight). Naturally I was ignored and told to just sit down. I NEVER give a consent to search my car in any situation and have actually logged about 3 complaints with various PDs because they have illegally searched my car. If I'm going to be violated and inconvencienced then so are they is my opinion. I don't think learning the consititution is high on the priority list at most police academys. They're more interested in a good 1 mile run time.
                            Armand

                            S&W 915 9mm ~ Colt Gov't .45 ~ Taurus 85 .38
                            Sig P220 Carry ~ Sig P239 ~
                            Winchester 1300 defender 12g
                            >>> RETIRED <<<
                            Walther PPK ~ S&W 686 ~ Ruger Security Six
                            Sig P230

                            Comment

                            • #15
                              battlehatch
                              Senior Member
                              • Jan 2007
                              • 614

                              Oops. Forgot about the whole glovebox thing. Yeah, might have a problem there.

                              Comment

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