Charges dropped, D.C. refuses to return firearms to Iraq vet

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aeriedad

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This is primarily a 4th Amendment case, but there is a substantial 2A element. Once the city was forced to drop all charges because their evidence was ruled inadmissible, they chose to go back to their fabricated, discredited story in order to prevent SGT Corrigan from taking possession of his firearms.

http://www.washingtontimes.com/blog/guns/2012/jun/11/miller-cover-dcs-arrest-iraq-vet/

The city was still holding Sgt. Corrigan’s property, which includes two pistols, a rifle and ammunition, and he wanted it back.

The MPD property clerk could ship the firearms to a police station near Sgt. Corrigan’s home. Or, under federal law, the soldier could lawfully transport his firearms from the evidence building in Southwest, D.C. to the Commonwealth, as long as they are properly stowed.

When Mr. Gardiner petitioned for the return of these items at the May 21 hearing, Judge Ryan initially protested that Sgt. Corrigan would be violating the D.C.'s registration laws if the guns were returned.

Mr. Gardiner told the judge that his client is now a resident of Virginia, where registration is not required. He could have his property returned lawfully in two ways.

A new prosecutor assigned to the case told the judge that he was unprepared to discuss this issue. Judge Ryan gave the city three days to file a response, and he would rule within a week.

The city filed documents repeating the discredited claim Sgt. Corrigan was planting booby traps and that the police smelled gas on the property.
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I'm no lawyer, but it seems that the city isn't so much concerned with the law here. Looks like they are trying to enforce their ideology through fantasy and desperate measures. It's shameful the way they treated this veteran in the first place, but also how they are willing to mangle the law in their efforts to deprive him of his property.
 
Officer Carlos Heraud, who was one of the first on the scene and who had interviewed Ms. Sommons. Asked on the stand if he smelled gas that night, Mr. Heraud said he did not. There was no mention of gas or explosions in the officer’s handwritten notes from that night.

Furthermore, an hour or two before the police woke up Sgt. Corrigan and arrested him, they had Washington Gas turn off the line to the building. A spokesman for MPD refused to comment on this case.
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Not much more to say.
 
Funny, all my experience says DON'T dynamically enter an area where you think there might be booby traps and/or an explosive hazard - that's what robots and bomb suits are for. Not even a tactically sound arguement, legal aspects aside. So will the cops be disciplined for what is probably a vioilation of department policy?
 
Oh, it's no problem. But if you see something on the case, would you please post it here? I'm sure many folks here would like to see this resolved ASAP. Thanks.
 
sure will. I live about 3 miles from that cesspool.

Every time one of them complains about no representation I tell them to go read Article I Section 8 of the Constitution. Ignorant and arrogant socialists who have no use for our Constitution.
 
I've known and worked with 1SG Corrigan since 2004

I've followed along with monthly updates with 1SG Corrigan since 2010 when all hell broke loose. To cach others up to speed, Here are all the facts that we have thus far so bear with me for a series of links.

1SG Corrigan filed two years to the day... The statute of limitations would have expired and he would not be able to sue the district or the officers.
1SG Corrigan Files Civil Suit
The Civil Suit as filed

April 19th Judge Ryan Rules that "I have no choice to rule in favor of the defense, the Motion to Supress all evidence is granted."

May 21st Charges Thown Out and request for property to be returned was made.

Emily's First Article Online
Emily's Second Article Online
Emily's Third Article Online
Emily's Fourth Article Online

Emily's First Article in Print
Emily's Second Article in Print
Emily's Third Article in Print
Emily's Fourth Article in Print

Interview with Richard Gardiner his Atty

Interview with Emily Miller
Second Interview with Emily Miller

1SG Corrigan isn't a nobody, He didn't make E-8 in the military by chance he is an incredible Soldier, leader and friend, he isn't making this about himself last Battle Assembly he mentioned very little about these articles, most of the links I pulled from his Facebook page. He is very clear. If they were that willing to trample his rights when he stood his ground, they have done this before, and will do it again to someone with less means veteran or not.

I believe the reason they strung it out so long is that they wanted him to run out of financial resources and have to plea to the charges. After reading the police report (quite some time ago) they had to justify all of the resources there was definitely over 20 officers involved and many were called in from home. Also, they wanted to make an example out of him. This was there first chance to throw the book at someone who had no criminal background caught commiting crimes of ommission in respect to thier registration laws.

This seems to be an educated board and I look forward to contributing. This is incredible what has happened to him and I hope he is awarded way more than he is asking for. In addition I hope the Department of Justice investigates and charges the officers involved in breaching his home, smearing his name and character, and forcing him to sludge through all of this.

-FreedomRings
 
FreedomRings said:
This seems to be an educated board and I look forward to contributing. This is incredible what has happened to him and I hope he is awarded way more than he is asking for.

-FreedomRings
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Welcome to THR, Freedom. And thanks for sharing some of your personal knowledge of the case. It's just so shameful the way they treated one committed to serving our nation. I'm ashamed I never heard of the story before last month, and I too wish 1SG Corrigan success.
 
aeriedad,

Part of not hearing about this is that 1SG Corrigan kept it hush hush until the charges were dropped and he had his ducks in a row for the civil suit. It doesn't surprise me that big media is leaving this one alone since firearms are involved. He has a fantastic atty and from what I know as an MP myself, he's in good shape to win his suit, he just needs to hang in there.

Did he break the rules, yes, but its no different than moving to another state and not having your licence plates on your car changed over. Even then they don't impound your car, you get a little fine, and method to rectify the lapse and life mooves on. In this situation they are out to paint him as a whacko, but I can assure you that is far from the truth. If I needed someone to talk to, he'd be the first one I'd call.

The military isn't much help in these kinds of cases. I think he spoke with JAG about this, but most of the Reserve JAG officers that are barred in DC work for DC. So major conflict in interest for them to hear him out. He did get connected to Richard Gardiner through one of the lawyers that works for CATO Institute, that was a break for him, his first atty was a horrendous joke. If his girlfriend hadn't put down the cash for him to have hired the first one, I fear he may have been in DC jail for much longer with no access to resarch and call any attys.
-FreedomRings
 
elrowe said:
Funny, all my experience says DON'T dynamically enter an area where you think there might be booby traps and/or an explosive hazard - that's what robots and bomb suits are for. Not even a tactically sound arguement, legal aspects aside. So will the cops be disciplined for what is probably a vioilation of department policy?
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This is one of the things that bugged me the most. If they really thought he was a 'boobie traps expert' why would they send in untrained officers prior to the EOD trained guy that was onsite.

I mean, do they not care about their officers? That piece was perposterous. The other part that 1SG Corrigan told me is that they had an explosive search dog on hand and in the radio chatter said not to bring in that one because there wasn't anything but to send in the 'Gun Search Dog.'

I can see why they didn't push this issue dropping it before going to the Motions Hearing, there are just too many things to explain. But that fabrication from the police that he was a boobie traps expert is probably what kept him in jail. The Army would never lable someone an expert like that it is too much of a liability and if something were to happen, the media would have a field day with a term like that. The only people that could remotely be called an expert in boobie traps are EOD and Engineers. 1SG Corrigan is neither.
 
First of all - I've been watching this case for some time now. I'm not defending MPDC, or the District of Columbia government, for whom I work... but...

This issue is being pushed from waaaay up above the PD. This is coming from the AG's office, and they're pouting over the entire Heller case, and all which goes with it. There are a TON of 'Home Rule' issues going on in the city right now - and they're trying to buck against every single federally related item they can - so they can scream 'interference', while they try to make their case for statehood.

1SG Corrigan, was literally in the wrong place, at the right time. If anyone knows the address of the incident, I'd like to know it - I can look up the info, and find out if the fire department was even sent on the odor of gas run - something which we are typically called to by MPDC.
 
dc.fireman said:
If anyone knows the address of the incident, I'd like to know it - I can look up the info, and find out if the fire department was even sent on the odor of gas run - something which we are typically called to by MPDC.
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From the link to the Civil suit...
Facts
7) On the night of February 2, 2010, Corrigan was in his home at 2408 N. Capitol Street, N.W., which he occupied with his dog.
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I'd be interested to see what comes up. During the hearing the officer who escorted the gas company to shut off the gas said he did not smell gas. You would think that at the time that the gas was shut off the alleged gas smell would be the strongest.
 
There are a number of cases on this issue right now:

CGF/SAF sues CA DOJ, San Francisco and Oakland

http://www.calgunsfoundation.org/news-blog/press.html (thris story down)

San Carlos, CA (May 9, 2012) – In an important step to secure the rights of California gun owners, The Calguns Foundation, the Second Amendment Foundation, and two individual residents of California have filed a new federal lawsuit in San Francisco. The case, entitled Churchill, et. al. v. Harris, et al., alleges that the police departments of both San Francisco and Oakland are unlawfully refusing to return lawfully-owned firearms to individuals who have had charges dropped after police investigations proved that they had done nothing wrong.

The ongoing seizure of those firearms is a violation of the Second and Fourth Amendments to the Constitution. What’s more, the departments’ refusal to return property after all charges are dropped is theft.
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WI Carry files Federal action against Milwaukee


http://www.wisconsincarry.org/pdf/Milwaukee/Doc1_Complaint.pdf

On January 30th, 2012 a law-abiding Wisconsin concealed carry license holder, Nazir Al-Mujaahid, used his sidearm to shoot a shotgun-wielding armed robber who entered a north-side Aldi's grocery store in Milwaukee and threatened the cashier and customers. As is standard protocol, the armed citizen's holster, gun, and ammunition were taken into evidence by the Milwaukee Police Department.

A few days later the Milwaukee District Attorney's office cleared the armed citizen of any wrong-doing and declared the shooting justified.

Despite being exhonerated by the DA, making repeated attempts to obtain the return of his firearm from Milwaukee Police, and sending a letter to the DA's office requesting assistance in the return of his property, Mr. Al-Mujaahid's gun remains in Police possession.

Wisconsin Carry, Inc. has observed what appears to be a pattern of civil-rights infringing behavior from the Milwaukee Police Department. The Milwaukee Police Department appears to have a practice of concocting baseless reasons to seize any and all guns they come across in the City - even when those guns have never been used in connection with a crime. The Police Department also appears to have a practice of refusing to return firearms or unduly delaying the return of firearms that were seized incident to an arrest despite the fact that no charges were brought or when the gun owner is exonerated by the court system.

WCI believes that these acts by the Milwaukee Police Department represent violations to law-abiding citizens constitutionally guaranteed right to be free from illegal seizures of their private property and their Constitutionally recognized right to keep and bear arms. By seizing Al-Mujaahid's property, refusing to return it to him, and refusing to allow him to file a petition for the return of his property, Nazir has been deprived of his property without due process of law.
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Jon_Snow said:
Same attorney, different soldier.
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Right, this is LT Augustine Kim. The Soldier in this post is 1SG Corrigan. Seeing the results of this. I imagine DC will permananently deface 1SG Corrigan's weapons also. And if they are going to have to give them back and pay for them as well. I doubt they give them back in the first place. It is unfortunate that so many of these stories are in DC we can't keep them straight.

-FR
 
this is what happens when you get people with egos and think they can do anything they want to whom they want. This is America and there is process for everything. I would gun (so to speak) for whomever is in charge of the DC dept's job from the many examples from the internet and media for civil right violations.
 
constitutional tort litigation

Deprivation of rights under color of law,us code 1983,any person who subjects any person to the deprivation of any rights,shall be liable in a suit or action....................without reasonable cause, his due process was violated,no case,no reasonable cause,deprivation of property without proper due process,he should file suit in federal district court.
 
Jesus Christ, I just read the entire story about 1st SGT Corrigan, it is unbelievable. The VA operator was a moron, obviously and her actions triggered a facistic reaction by the DC Police goons (and they certainly acted like goons). I am surprised that they didn't shoot his dog, since this seems to be a popular sport among LEOs these days. This doesn't even sound like America. Vets are always suspect now? Booby traps? Really? Unreal. I hope that he gets a HUGE amount of money for the pain and suffering he took from these nazis....
 
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