Hollywood star says LAPD took guns without warrant

[usmarine0352_2005]

And this guy can afford a good lawyer. Apparently burglars broke in and stole a few pistols but couldn't get thru the reinforced door. So the cops broke in and took some of his other guns and ammunition.



Hopefully this gets some attention.





http://m.washingtontimes.com/news/2015/nov/12/dan-bilzerian-los-angeles-cops-took-guns-without-w/

Hollywood star says LAPD took guns without warrant

By Andrea Noble and John Solomon - The Washington Times

Thursday, November 12, 2015

Instagram sensation Dan Bilzerian received some bad news when he returned to his West Hollywood mansion after a September break-in — several of his guns were gone. But it wasn’t burglars who had taken the firearms, it was the Los Angeles Police Department. For two months after the break-in, Mr. Bilzerian, a professional poker player and gun rights champion, says police inexplicably continued to keep the nine firearms under lock and key without a warrant. When the eight pistols and one rifle were returned to their owner about a week ago, all the ammunition for the firearms was missing, raising questions about the LAPD’s protocol for seizing firearms.

“All of my ammunition and the magazines were gone. And they couldn’t explain what happened to the magazines, but that ammo couldn’t be released with a firearm and that I’d have to schedule a separate three-hour visit for the ammo,” Mr. Bilzerian told The Washington Times. “If they are gonna take the guns and make me wait for three hours at the police station, they should at the very least return what came with them.” “The officers told my assistant that they took the handguns because they didn’t want the suspects to come back and get them on a second break-in even though they were unsuccessful at opening the steel reinforced door the first time,” Mr. Bilzerian said. “Essentially they were ‘trying to protect my property and people’s safety.’ This is hard to grasp, when they left my $21,000 FN SCAR17 with thermal optic and shotguns unsecured in that same room.”

 

[staycold66]

That scar must be really decked out

 

[Sunray]

How is a "professional poker player" a "star" anywhere?
"...the cops broke in..." The guy's lawyer should be filing 'Break, enter and theft' or whatever it's called there, charges. Or a huge law suit.

 

[VINTAGE-SLOTCARS]

No safe?

 

[lemaymiami]

Lots of funny stuff in the info given..... For starters no cop anywhere needs any warrant at all to take firearms into custody if there's a chance they'll go missing when the owner is absent and they're on the premises lawfully... No warrant needed either if they're involved in any breach of the peace... Guarantee those same officers would certainly be blamed if the weapons were un-secured and left unattended on scene after they left.... Next item, I can really understand why any Department might not want to return weapons and ammo at the same time... particularly to a slightly peeved owner.... If when the ammo is returned the mags aren't included then that Department will end up paying for every one of them after the civil suit.... I'm also certain that each item will be listed at full current retail value -no matter what they originally cost or their actual worth....

I know this topic is a sensitive one for gun owners but you might want to look at it from the other side of the fence for a moment. Now that the "instagram sensation" has made his public complaint I wonder what actually occurred....

 

[jerkface11]

If they had been concerned about the guns being stolen they would have taken all of them not just some.

 

[Reloadron]

“All of my ammunition and the magazines were gone. And they couldn’t explain what happened to the magazines...".

I'll take a rough guess and say your magazines were stolen.

Ron

 

[usmarine0352_2005]

I don't know much about the guy, I've heard of him before. Didn't know he was a poker player. All I knew was that he was some sort of rich, playboy who always hangs out with beautiful women and loves shooting guns and he's a big proponent of the 2nd Amendment.








Here he is in the movie 'Lone Survivor'.

 

[Shanghai McCoy]

I don't know much about the guy, I've heard of him before. Didn't know he was a poker player. All I knew was that he was some sort of rich, playboy who always hangs out with beautiful women and loves shooting guns.

Sounds like me.
Except for the poker player, rich playboy who hangs around with beautiful women portions of the description ...

 

[Deltaboy1984]

Get a good lawyer and sue them .

 

[BSA1]

Well let's look at this piece by piece...

For starters no cop anywhere needs any warrant at all to take firearms into custody if there's a chance they'll go missing when the owner is absent and they're on the premises lawfully...

Why do they have the authority to seize legally owned property without a warrant unless it is evidence of a crime?

No warrant needed either if they're involved in any breach of the peace...

There was not a "breach of the peace" as you put it. Or is this a catch all term for all crimes?

Guarantee those same officers would certainly be blamed if the weapons were un-secured and left unattended on scene after they left....

What about other high dollar items left in the house that are desirable to criminals such as TV's, computers, jewelry, etc.? Was all of those items taken for either evidence or safekeeping? Was the house secured after the Police completed their investigation? If so how was the house secured?

Is this the same Department attitude where California Officers disarmed citizens that lawfully remained in their homes and businesses during Hurricane Katrina in New Orleans including wrestling a handgun away from a little old lady?

Next item, I can really understand why any Department might not want to return weapons and ammo at the same time... particularly to a slightly peeved owner....

So you support the Department refusing to return any legally owned property they choose to.

...that ammo couldn’t be released with a firearm and that I’d have to schedule a separate three-hour visit for the ammo.

Why the need for a separate three hour interview unless he is being question about involvement in a crime? Is the victim going to be given the Miranda warning and allowed to have a attorney present during questioning?

If when the ammo is returned the mags aren't included then that Department will end up paying for every one of them after the civil suit....

Except the cost of hiring a lawyer and going through years of litigation may exceed the value of the items and in the meantime his guns are useless unless he buys replacements with his own money. And the money the Department uses to defend itself is paid for they tax payers.

I'm also certain that each item will be listed at full current retail value -no matter what they originally cost or their actual worth....

????

I know this topic is a sensitive one for gun owners but you might want to look at it from the other side of the fence for a moment.

This is a perfect example of why calling the Police is not always in the best interest of the citizen. Granted in this particular case the homeowner was not present and the crime was reported by someone else.

I do find this part interesting though...

“The officers told my assistant that they took the handguns because they didn’t want the suspects to come back and get them on a second break-in even though they were unsuccessful at opening the steel reinforced door the first time,” Mr. Bilzerian said.

This seems to suggest the seized guns were in his locked vault. If so who opened the vault to take the guns?

“Essentially they were ‘trying to protect my property and people’s safety.’ This is hard to grasp, when they left my $21,000 FN SCAR17 with thermal optic and shotguns unsecured in that same room.”

Wow! Talk about sloppy crime scene investigation. I guess LAPD has not improved since O.J. Simpson case.

I know this topic is a sensitive one for gun owners but you might want to look at it from the other side of the fence for a moment.

There are a lot of lawyers, present and former LEO's on THR that know search and seizure laws and police procedures. This at best is a sloppy police investigation of a crime scene, collection of evidence and a Department stonewalling a citizen by refusing to release his firearms, ammunition and magazines because it fits the City of L.A. and the Departments Administration anti-gun position.

 

[caribou]

Had the police taken all the firearms rather than selecting the few, a lot more sense could be found in this story.

Its that actions of the police that make no sense.

Had they secured it all, or none at all, that would make sense.


I wasnt there, but from what I gather, its seems that they 'cherry picked' what they were taking into custody.....for whatever reason.

 

[lemaymiami]

That's okay BSA.... My kids don't agree with me either....

 

[Vern Humphrey]

When they take things, they are obliged to inventory them. Dose the inventory list any magazines or ammo?

 

[yugorpk]

I'm sure there are good, honest public service oriented employees of the LAPD. There is a large contingent, not even a majority, that are part of a very large organized crime syndicate known as the LAPD. Hard place to be an honest cop.

 

[Leanwolf]

LEMAYMIAMI - "... If when the ammo is returned the mags aren't included then that Department will end up paying for every one of them after the civil suit.... "

There is a possibility the magazines were on the banned list, being ANY magazine that holds more or is capable of holding more than ten rounds. They have all been banned in Los Angeles, whether or not they were grandfathered in from the previous Calif. magazine law. Misdemeanor to possess one in Los Angeles.

Just guessing. (???)

L.W.

 

[Twiki357]

BSA1: “
This at best is a sloppy police investigation of a crime scene, collection of evidence and a Department stonewalling a citizen by refusing to release his firearms, ammunition and magazines because it fits the City of L.A. and the Departments Administration anti-gun position.

This is actually an improvement over the way LAPD used to operate. Going back 15+/- years, they would not have even admitted that they had the weapons and would actually lie that they didn’t have them (As was the case with me). It was LAPD “written” policy to never return a firearm to its rightful owner. It only changed back then as the result of a law suit and court order.

 

[Oceanbob]

The Mags if over 10 rounds can now be legally confiscated as a Nuisance. New law State wide as of 2 years ago. Also, in LA City, any magazine (grandfathered or not) over 10 rounds is illegal to possess. :-(

While you won't be arrested, don't plan on getting your pre-ban (before 2000) magazine back from LAPD.

Also, they won't give your ammo back when you pick up your guns. They probably don't want an Angry Elf in the Lobby with a loaded gun.....makes sense.

 

[MistWolf]

That's okay BSA.... My kids don't agree with me either....

Smart kids

The weapons were locked behind a steel door. The cops had to somehow open it to get to the weapons. I lived in that part of California for years. The weapons were not confiscated to protect property but to flex their political muscle and send a message. Dan Belzerian is right to push back

 

[hso]

Lawyer up.

 

[BSA1]

There is a possibility the magazines were on the banned list, being ANY magazine that holds more or is capable of holding more than ten rounds. They have all been banned in Los Angeles, whether or not they were grandfathered in from the previous Calif. magazine law. Misdemeanor to possess one in Los Angeles.

Sounds like I was correct in my comments that:

"Why the need for a separate three hour interview unless he is being question about involvement in a crime? Is the victim going to be given the Miranda warning and allowed to have a attorney present during questioning?"

I wonder if he has the money to become a test case challenging L.A.'s magazine ban?

 

[captmoto]

FWIW, West Hollywood is under L.A. County Sheriffs jurisdiction.
http://www.wehosheriff.com/

 

[joem1945]

Cops shot up all the ammo and may have used the guns they took for some fun days at the range. Hire a very good lawyer and go for big bucks and costs.

 

[X-Rap]

Did the cops destroy his hardened door to the closet leaving the remaining items at risk. Sounds like all was still intact after the burglars were dispersed, did the cops breach the door or were they let in by the occupants?
I'd be PO'ed if cops were called to my home in my absence and finding my security measures intact then proceeded to break into them on their own and leave some items while confiscating others.