I need advice please

[RickD427]

Rick....
If the weapon is not reported stolenand the neither the DUI nor the adult taking responsibility of the DUI/vehicle are prohibited persons why take the rifle? Its legal to own a rifle you know that right? Green does not apply as that was 2 officers leaving a vehicle with 2 other intoxicated individuals without properly securing the vehicle. I fail to see the relevance....

Tacobandit,

The relevance of Green is that the agency is liable where they fail to take appropriate measures to prevent an intoxicated person from driving. In Green, it was a passenger who acquired control of the vehicle. The issue would be the same (actually it would probably be stronger) if it were the original driver. The theory of Green would also apply where the property is a firearm. Leaving a drunk with a gun is pretty much the same as leaving them with a car.

Yes, I'm well aware that it is legal to own a rifle. That's not the issue here. It's also legal to own a car. The issue is whether the public safety is served by leaving a deadly weapon in the control of a person under the influence when there is a lawful basis to seize it.

You still haven't addressed the LEGR (PC 33855) issue with the rifle. You're correct in that officers do have the discretion to leave the rifle, as well as to seize it as an arrestee's property. I did read some semantic issues in your exchanges with other posters. Please note that a misdemeanor DUI suspect is "arrested", even if they are immediately released in the field on a citation. That's not up to each agency to decide. That's provided for in the both the Penal and Vehicle Codes. Please refer to Penal Code section 853.6 and Vehicle Code section 40303.

My point is that once the rifle is seized (that being the case in the OP), how would you propose that it be released without going through the LEGR process? I know that if it was never seized, there would be no LEGR issue, but it was seized.

[WyattandDoc]

1. Rifles arent registered in CA there genius...so thats strike one against you
2. The fact that you claim to know the policy for every single department in CA shows that you have your head so far up your *** its barely worth the effort to reply to you...
3. A simple check via APS will show if the rifle is stolen or not and a check via CLETS will show you if either the DUI or the person you are releasing the DUI to is a prohibited person... something that takes all of about 3-4 minutes...
4. Citing out a misd is probably one of the most common occurrances in law enforcement especially with DUIs...
5. Dont worry about what my agency does or doesnt do, we follow all of the laws and procedures that POST and the law requires of us.

Its quite clear you have a superiority complex so chances are my post will fall on deaf ears but please dont bother to respond because it is quite clear you are not in law enforcement.

What are you talking about in your reply?
I never said Rifles are registered anywhere in my post.
Checking the gun in AFS to see if you can release it to a friend has NO bearing on the matter. The guy's drunk!! And nobody but the RO of the gun should get it.
I NEVER claimed to know every agencies policy. I stated it was poor Risk Management if your policy allows such idiocy.
I know we cite misdemeanors,,,,but only when it's appropriate. Common sense alone says the guy and the gun should go. Once he's sober release him and the gun, even if it's added paper work for the guy.

Look at all the posts Bro. Nobody agrees with you. You're an admitted ten year wonder. When you grow up and learn about Risk Management, respsonsibility and common sense, then come back on here and talk to some real veterans.

[WyattandDoc]

We usually only tow if they are 12500 or 14601

This post says it all. You're a Ten Year Wonder traffic cop. Keep writing those cites and towing those really scary 12500's and 14601's!!!!

Keep the police work for the real cops on here.

[Tacobandit]

This post says it all. You're a Ten Year Wonder traffic cop. Keep writing those cites and towing those really scary 12500's and 14601's!!!!

Keep the police work to the real cops on here.

Im not even going to deal with your idiotic posts anymore....you completely contradicted yourself from the first post you made on this page. Its clear you dont know dick about police work

[WyattandDoc]

Im not even going to deal with your idiotic posts anymore....you completely contradicted yourself from the first post you made on this page. Its clear you dont know dick about police work

Read this...You might learn something.

When I'm wrong I admit it. I saw what you were referring to. I did say registered when I should have said owned. My bad

[nickbackouris]

I'm so thankful that at my agency...when you drink and drive...you go to jail and your car goes to car jail. Almost never is one or the other released at the scene. It's simply a consequence of the choices the individual made.

[NorCalPatriot]

My agency arrests and books all DUI's. It's department policy. Vehicles are towed subjectively depending on the area, safekeeping needs, and sometimes released to a family member upon phone contact. Most of the time they are towed for impound.

If the vehicle is being impounded, it gets an inventory search and items of significant value will be booked for safekeeping, others documented on the impound sheet.

I don't see the issue where the rifle was booked for safekeeping. I'm certainly not leaving it in the car or calling a responsible party to pick it up on scene. Common sense as well as department policy should dictate a safekeeping solution.

If the rifle is illegally configured and discovered during the inventory search, that's another story. There's more than enough case law that can justify it's seizure and subsequent charges.

Taco, you really ought to take a step back and think about what you've written and how you come across. You've called out some pretty senior and well respected officers here and frankly sound a little butt hurt. I'd be very interested to know what agency you work for.... I guess we roll different up here in the East Bay Northern Cali.

No need to post a response. I'm quite confident that I'm more than qualified to know where I stand. Good luck to you.

[TRICKSTER]

If you were cited and released they had no right to take it in the first place. A DUI has nothing to do with a rifle in your vehicle and if they had any evidence then you woukd have been charged right there. Go to the station and get it released back to you

Take a step back and read the OP. Seriously, are you really trying to defend this statement with what little information was provided by the OP? You jumped the gun without knowing all the facts. As far as being charged right there, have you never had a case where you took it to the DA to seek a complaint? Also you really should become familiar with the laws that cover the release of a firearm.

[Tacobandit]

Actually norcal i got called out by these guys not the other way around as ive already statedyour departments way is notthe only way to do police work. I understand the taking of the rifle because it sounds like the vehicle was left at scene but what possible reason isthere to book it as evidence? Allthat does is turn a simple property release into a big pita for the OP, granted i dont really care as i despise DUIs. Agencies nationwide have a policy that allows thecite and release to a responsible party, i wear a camera andi also have a dash cam so i get it on tape the responsibleadults admission to be responsible for the DUI. Hell even LAPD and LASD will cite out a DUI from jail if someonewould pick themup. Do you think 2 of the most sued departments inthe US would do it if there was a liability nightmare?

[RickD427]

My agency arrests and books all DUI's. It's department policy. Vehicles are towed subjectively depending on the area, safekeeping needs, and sometimes released to a family member upon phone contact. Most of the time they are towed for impound.

If the vehicle is being impounded, it gets an inventory search and items of significant value will be booked for safekeeping, others documented on the impound sheet.

I don't see the issue where the rifle was booked for safekeeping. I'm certainly not leaving it in the car or calling a responsible party to pick it up on scene. Common sense as well as department policy should dictate a safekeeping solution.

If the rifle is illegally configured and discovered during the inventory search, that's another story. There's more than enough case law that can justify it's seizure and subsequent charges.

Taco, you really ought to take a step back and think about what you've written and how you come across. You've called out some pretty senior and well respected officers here and frankly sound a little butt hurt. I'd be very interested to know what agency you work for.... I guess we roll different up here in the East Bay Northern Cali.

No need to post a response. I'm quite confident that I'm more than qualified to know where I stand. Good luck to you.

Sir,

Thanks for your comments. You don't roll much different in the East Bay, that's pretty much how business is done in L.A. County......................

[Kestryll]

1. Rifles arent registered in CA there genius...so thats strike one against you
2. The fact that you claim to know the policy for every single department in CA shows that you have your head so far up your *** its barely worth the effort to reply to you...
3. A simple check via APS will show if the rifle is stolen or not and a check via CLETS will show you if either the DUI or the person you are releasing the DUI to is a prohibited person... something that takes all of about 3-4 minutes...
4. Citing out a misd is probably one of the most common occurrances in law enforcement especially with DUIs...
5. Dont worry about what my agency does or doesnt do, we follow all of the laws and procedures that POST and the law requires of us.

Its quite clear you have a superiority complex so chances are my post will fall on deaf ears but please dont bother to respond because it is quite clear you are not in law enforcement.

Care to explain the attitude?

Because frankly I am neither impressed nor amused...

[Tacobandit]

Care to explain the attitude?

Because frankly I am neither impressed nor amused...

who has an attitude? If anything its the "senior and well respected" group who are butt hurt because I didnt bow down to their supreme knowledge. Its basically I am not so arrogant to think that I know everything about law enforcement, and just because the agency you work for does **** a certain way doesnt make it the end all of law enforcement.

[RickD427]

Actually norcal i got called out by these guys not the other way around as ive already statedyour departments way is notthe only way to do police work. I understand the taking of the rifle because it sounds like the vehicle was left at scene but what possible reason isthere to book it as evidence? Allthat does is turn a simple property release into a big pita for the OP, granted i dont really care as i despise DUIs. Agencies nationwide have a policy that allows thecite and release to a responsible party, i wear a camera andi also have a dash cam so i get it on tape the responsibleadults admission to be responsible for the DUI. Hell even LAPD and LASD will cite out a DUI from jail if someonewould pick themup. Do you think 2 of the most sued departments inthe US would do it if there was a liability nightmare?

Tacobandit,

Here's 31 years of LASD talking. We will not cite somebody out of jail for DUI simply because somebody is there to pick them up.

It is a legal option. We've done it where there is compelling reason, like the suspect being in the hospital. We do not do that as a matter of routine.

We've learned something by following the trends in liability law.

Still waiting to learn the agency that you work for.

Also still waiting on your reply concerning the LEGR issue.

[Kestryll]

who has an attitude? If anything its the "senior and well respected" group who are butt hurt because I didnt bow down to their supreme knowledge. Its basically I am not so arrogant to think that I know everything about law enforcement, and just because the agency you work for does **** a certain way doesnt make it the end all of law enforcement.

Well..

Rifles arent registered in CA there genius...so thats strike one against you

Unneeded and insulting.

you have your head so far up your *** its barely worth the effort to reply to you...

Rude, uncalled for and against the rules.

you have a superiority complex so chances are my post will fall on deaf ears

Insulting and rude.

So, since you missed the subtlety of my first post I'll tone it down a bit.

KNOCK IT OFF AND DROP THE ATTITUDE OR GET BANNED!

Are you catching my drift now?

[Tacobandit]

Kestryl- im a respect earned respect given guy so if you want to point fingers at rude and insulting posts look at what i have been replying too instead of just singling me out. I didnt come in here acting like i was gods gift to law enforcement like other people. FYI ive booked into LASD and LAPd jails and ive seen first hand cited and released.... second why fo you want to know what agency i work for? You a blue falcon is that why? Wouldnt surprise me