Confiscation?

[Ron-Bon]

Check this one out guys:

This past summer I was at a neighbor's house watching the Spurs play the Hornets during the play-offs. After the Spurs won, I went to my car to retrieve a cigarette. Since my neighbor's wife is not a fan of tobacco, he and I decided to walk down the street while enjoying our cigarettes. We were oblivious to the fact that a sherrif's deputy who resides in our neighborhood had just gotten robbed while riding his bike through the neighborhood and a shoot-out ensued between he and the robber. As fate would have it, we happened to be outside while the police were doing an aggressive search of the area and because we both conceal carry, we were instant suspects. My neighbor carried a .357 and I was carrying my Ruger P345, which happened to be the same caliber of weapon used to commit this crime. After being treated like a hoodlum by Norfolk's Finest, subject to 4 hours of intense questioning(& accusations), and having my hands checked for gunpowder residue, I was finally allowed to go home.

About three days later, the police announced that they had caught the real perp, who happens to look nothing like me(i.e. much taller, and a different freaking race...lol). Anyway, the case is finally going to trial and I get a call from the detectives saying that they need my firearm. Apparently, this suspects lawyer is telling the jury that the initial suspect(me) is the real criminal. The detectives want my gun so that a CSI can compare shell casings from my weapon to those at the scene of the crime.

At first I told the detectives no, but when they mentioned a search warrant and made a few veiled threats, I bit the bullet so to speak.

So far it's been 5 days and I haven't heard from them or my poor Ruger

what do I do?

 

[dcoop]

I would have told them to get a warrant.

 

[~Ace~]

Should have NEVER Submitted your weapon without a Warrant, period...

Contact lawyer, and put the weapon in their custody, Wait for Warrant. When the Leo's made Threats, they were not Asking for cooperation. Your still Implicated in this crime.

 

[Ron-Bon]

I'm begginning to wish I had.

 

[DoubleTapDrew]

So far it's been 5 days and I haven't heard from them or my poor Ruger

I'd get a lawyer...one that's experienced in property retreival and lawsuits against police departments. You got screwed my friend. Besides, if the defendant's lawyer really did name you as the real suspect you are probably going to need one anyway.

 

[K-DUB]

That really stinks, I hope all is resolved and you get your gun back quickly.

Let us know how it goes.

 

[Ron-Bon]

Let me clarify: the defense lawyer did not name me as a suspect. More like he tried to paint his client as innocent by stating that a prior suspect had been caught and released. This lawyer does not even know my name. The detectives want to show my shell casings to the jury to prove that it was not my firearm that was used in the crime, thus smashing this lawyer's argument that the prior suspect's release led to his client's apprehension

 

[~Ace~]

Total BS... The other Lawyer Will know your name Via Discovery.. the State has to make available ALL Evidence, even exculpatory. They do not want your gun to exclude you... your still a Suspect.

Firearm Ballistic "Fingerprinting" is a Crude science, no matter what they want you to believe.. it's Very flawed. I would contact a Lawyer ASAP.

 

[Treo]

As has been pointed out. you are still implicated in this crime.

Full Stop
Retain a Lawyer
Go Directly to "Retain a Lawyer"
Do Not Pass Go
(hopefully) Do Not Go to Jail.

Do not say another word to the police, do not contact the police let your lawyer do all that.

As for the warrant , there's nothing you can do about now but next time make them get one ALWAYS make them get one

 

[P-32]

Ron Bon, I would not get all bent out of shape over this. It makes good since to have your weapon checked to impeach the defence atty.'s attempt to make the suspect look less suspect.

 

[jackie treehorn]

When will we ever learn? The police are not your friend. They make veiled threats, etc., because they know that they can't do it legally. I doubt any judge would have issued a warrant for your gun, as the police already had their guy in custody. Regardless, when the police want something from you, even if it's a glass of water, make them get a warrant. Too many people have been victimized by "fishing" expeditions because of nosy / unethical cops.

 

[ZRX61]

Had a hunting knife taken away many many years ago (this was in the UK), even charged with "offensive weapon" blah blah blah.
Went to Court, explained why I had it, judge ordered charges dropped & told me to go get the knife back at the Station.
Got there & they searched all over for it, was told to come back later when the cop who arrested me was on duty.
They found the knife... in his personal locker...

 

[beatcop]

It seems reasonable that they want the firearm to rule out any possible defense that the "real" suspect would have. That's it...

As far as conspiracy theories, the police would have applied for a search warrant if they intended to use the firearm as evidence against you. You don't risk the possibility of screwing up the admissability of evidence by playing games like "...give me your gun or I'll get a warrant".

I can't say if a judge would sign a warrant for your pistol, but you could have said, "No" and ridden it out. Worst case scenario they could hold your gun until the case is disposed of...could be a while.

--as far as a lawyer, save your money. If you're worried just clam up....when they tell you to pick up your pistol, go get it. There's nothing a lawyer will do at this stage, but take your hard earned money. If you're an important part of this case they will subpoena you to court. Relax....

 

[BBQLS1]

I'd be looking for a lawyer. You've already consented, so that's that, but if you for some reason get implicated....

 

[MGshaggy]

They do not want your gun to exclude you... your still a Suspect.

I highly doubt you are a suspect - you had an alibi, witnesses, etc. This sounds like basic litigation strategy 101 - nothing more. Remember the standard necessary for a conviction - proof beyond a reasonable doubt. By implicating you through your weapon, the defense attorney is merely trying to create enough reasonable doubt to clear his client - he is not trying to make you a suspect in the mind of the police or DA, or put you on the hot seat. Just because he may have created reasonable doubt as to the guilt of his client, does not mean you're a suspect or there's any serious belief you did anything wrong. He merely has to create doubt his client did the crime; he does not have to produce a viable suspect or prove you did it.

That said, I'd have a lawyer's number handy in case you have difficulties getting your weapon back from the police.

 

[JWarren]

I have a couple takes on this.


First, you gotta realize that the DA is trying to get this scumbag off the street. The Defense Attorney is causing this crap-- trying to direct suspicion on you in order to establish reasonable doubt for his client. He probably KNOWS that he is just wasting time, money, and inconviencing YOU. He simply doesn't care about the effects of his actions. At the same time, he is legally obligated to give a defense to this POS.


However....


The DA has to confiscate your weapon-- leaving you defenseless. It is readily apparent that you are in a dangerous location-- otherwise this situation would not be occuring to begin with.

I don't think it is unreasonable to ask for a "Loaner" handgun for your own protection in this dangerous neighborhood while they are dealing with this criminal.


Let me know what they say.



-- John

 

[deaconkharma]

The firearm was not necessary

but will likely end up in their hands for quite some time until the case is disposed of. Both sides can have their EXPERTS look at it if they really want to press it. I would have said "nope".
another consideration, though remote... what if a similar firearm was used in an altogether different case and the ballistics "match" (term used loosely) that of YOUR firearm? Well now you're possibly looked at for something else. It's a long shot, but not impossible with the amount of your type firearm out there and the likelihood of your brand being used in at least one crime...
Like the search thread, regarding police searches of the car, always say "no" until you HAVE to do it and the paperwork is there.
I'm sure one of the thin blue liners (one of the usuals) will be along to tell you how hard their job is and that you just have to "go along to get along", but rights are rights and they have to work within the constraints of those, unless you do them a FAVOR and let them bypass those rights...
Remember Deke's rule number 2: Today's FAVOR becomes tomorrow's EXPECTATION.

 

[mcwjr13]

Ouch good luck. Hopefully this will go your way.

 

[leadcounsel]

Wow, this is a HARD situation.

IF you don't help the LEOs, there's a chance that the defense attorney can raise reasonable doubt that the perp isn't the perp and he may walk.

Then again, maybe the guy the LEOs fingered ISN'T the perp, but another unlucky Joe like you in the wrong place at the wrong time...

You are definately still a suspect in this though. If the alleged perp walks, then they may finger YOU!

You need to talk to a lawyer because there are so many variables (eg how strong is the DAs case, do they have the REAL firearm, etc.).

In the future, NEVER consent to anything, EVER!

 

[SaxonPig]

Buy another gun.

Much cheaper, faster and easier. Lawyers start at $150 an hour. What's the gun worth?

Eventually your pistol will be returned but don't expect it until all legal process is complete which could take several years.

IMO what happened was crappy but there you go. It's a crappy world, sometimes. A bunch of asseyes who burgled my home told the cops I was their drug supplier to explain their prints in my house. Criminals lie in desperation. Count on it.

The one time my gun was taken by police was after a self-defense shooting. They test-fired it and the lead detective returned it within a couple hours. I recall the shocked expression on the faces of other cops in the room when he handed it back. I got the feeling that the gun would not usually be returned so quickly.

 

[chuckusaret]

I don't think he will be able to pass the background check to buy another gun. He is envolved in an active investigation

 

[mcwjr13]

He is not involved in an active investigation he is cooperating in an investigation. I would definately buy another gun as well as sell the pistol in question through an ffl. Your gun is now in the database, while I am sure you are a law abiding citizen because of your cooperation it would give me peace of mind to be rid of the gun in question.

 

[DoubleTapDrew]

Worst case scenario they could hold your gun until the case is disposed of...could be a while.

Or "accidentally" destroyed or "lost" after the trial along with the bad guy's gun. Oops

 

[texas bulldog]

i hope this doesn't offend anyone, but i'm finding it a bit funny that everyone keeps saying he is still a suspect in the crime. please re-read the OP...go ahead, i'll wait...

the incident in question happened last summer. probably six months ago at this point. they caught the real perp 3 days later. then, after months of not contacting the OP, the asked for his gun as the case was going to trial.

if he was still a suspect as far as the police and DA are concerned, he would have been hearing from them A LOT between the summer and now. and it would have been painfully obvious that he needed a lawyer. a typical DA's office does not go to trial if there is still another suspect they haven't eliminated. in fact, they typically do not go to trial until they're pretty damn sure they're going to win.

the OP is not an active suspect.

however, he may be without his gun for awhile, which is the real issue. my first thought is that if all they needed was a fired bullet and casing, they shouldn't really need to hold the gun indefinitely to get that. i would have likely asked to talk to the lead investigator and arranged for them to test fire the gun and return it. if they refused that arrangement (and i didn't have another carry piece and/or felt unsure it would be returned in a reasonable time frame), i guess i would've told 'em to go ahead and get the warrant.

 

[simple_rule]

if they were able to get a warrent they wouldnt have called you.

this is called intimidating you to waive your rights when they know they cant get a warrant

they played you