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Never underestimate the power of stupid people in large groups -
Also clearly since the firearm was booked LEGR applies, my point was the OP stated he was cited, i mistakenly believed he was released to an adult and not held until he sobered up...had he been released to a responsible adult who was not a prohibited person and the gun was not stolen nor there any magical probable cause to book the rifle as evidence there would be no reason to take it. If i have a party at my house and the cops are called and i qm drunk are the cops going to book all my guns for safe keeping til i sober up? No and they woild have no legal right to do so. Same would apply here however since the OP stated the vehicle was left at scene then taking the rifle was the right call the only issue is that it was booked as evidence. What is it evidence of? It should simply be booked as propertyComment
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Sir,
We got a little distracted over the last 20 or so postings, just want to make sure that you got the info you need.
Have you been in contact with the agency that cited you?
The fact that you got a receipt for the rifle is very suggestive that it was taken as personal property rather than as evidence.
This may be as simple as your getting a LEGR for the rifle, and then dealing with your DUI case.
It's best to contact the agency prior to seeking the LEGR to make sure they're ready to release it. The letter is only good for thirty daysIf you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.Comment
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Cite and release for DUI? Hmmm, never happened at my agency. All DUI's get booked into jail and must bail. No OR's either...sigpicComment
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I've been retired for 12 years, but I believe that the law still requires ALL firearms to be BOOKED as evidence. The rifle in question was, most likely, seized BECAUSE it was a firearm, and since the vehicle was impounded, it would be unsafe to leave it in the vehicle. In essence, it was seized "for safe-keeping purposes", and has no evidentiary value.
HOWEVER, it would behoove you to get that rifle returned to you as soon as possible. Quite often, firearms that are booked in are mistakenly destroyed!Comment
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I think Taco's attitude was partially my fault. I too could tone it down sometimes.
My point to him was that common sense sometimes trumps what the law technically allows. I think those of us who have been on for over 2 decades look at things differently when it come to risk management issues as long as it doesn't compromise officer safety.
He still feels releasing a firearm in the field to a friend of a lawbreaker is good business. Well frankly it violates common sense even if the guy comes back clean.
Take the steps your agency requires to get this gun to the station until the owner is in a state of mind to be responsible for it. It seems very simple to me, but I guess he's not going to get until he matures a bit.
A couple trips to Federal/Civil Court may help.Last edited by WyattandDoc; 11-05-2013, 3:11 PM.Knives don't stab people, cars don't drive drunk, eating utensils don't make you fat and pencils don't mis-spell words.Comment
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Taco,
With all do respect, all the above posts reflect ways to mitigate this situation while protecting both you and your department. By taking a common sense approach to things, you just might turn your 10 year career into a 30 year career.
Good luck and be safe.Knives don't stab people, cars don't drive drunk, eating utensils don't make you fat and pencils don't mis-spell words.Comment
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The agency I worked for would cite release adult DUI's only after they were sobered up..... That meant many hours in the drunk tank, and their BA being below a .04. Now if the DUI was hospitalized with serious injuries we would cite release after the blood test, and before treatment if it was a non felony case to avoid medical costs....
Juvenile DUI's were held until according to law, which usually meant a cite release to a parent.....I can remember one occasion where after the juvenile was released, the parent drove their child to the scene of the DUI arrest, and let their child drive.....
Needless to say the child was rearrested for a fresh DUI case, and the parent was arrested for contributing......The child was not released to the other parent, he was held, and sent to juvie.....
I can't ever remember a adult DUI being cite released before they were sober.....
Firearms would probably be held for safe keeping, and the vehicle would be left at the location if it was legally parked....
On the few occasions where LEO's were arrested, their firearms were released to the officers agency......Poke'm with a stick!
Originally posted by fiddletownComment
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Wyatt,
I'm really starting to think that we've been stung by a poser (Tacobandit). The content of his postings show some knowledge of police work, but not a whole lot, and not in a well-developed sense. The use of grammar, spelling and sentence structure in his postings just doesn't seem up to the par of a law enforcement officer. He also seems to have mixed some military jargon into his police jargon.
Does anybody out there know if Tacobandit is for real?If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.Comment
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...wow...I missed all the fun with Taco-BAN-dit
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Well, that escalated quickly. The mod should have added poor punctuation and grammar to the list of offenses. But what I want to know is did the OP get his rifle back without issue?Comment
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