Quantcast
  1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Police power to confiscate

Discussion in 'Legal' started by zahc, Jun 2, 2005.

Thread Status:
Not open for further replies.
  1. zahc

    zahc Member

    Joined:
    Mar 23, 2003
    Messages:
    1,961
    Location:
    TX
    Whilst pushing plywood in areas plywood pushing is not technically allowed, I have happened upon police officers who have threatened to confiscate my skateboard. Which got me thinking.

    In general, when can the police confiscate your property, under what conditions? Do they have to charge you with something or is it just at their discretion, whatever they feel like goes? Can they use confiscation as punishment without official citation? What happens to confiscated property?
     
  2. joab

    joab Member

    Joined:
    Feb 11, 2004
    Messages:
    4,830
    Location:
    Ocoee, Fla
    In the old days they used to confiscate in lieu of citation or make you pour the beer out or break your knife on the curb. A friend once bought a Colt snubby from a guy the cops had picked up. He was told to sell it to this guy or face another charge. Or so the story goes
     
  3. rick_reno

    rick_reno member

    Joined:
    Dec 25, 2002
    Messages:
    3,027
    When can the confiscate your property? This is the "War on Terror" son, they can confiscate YOU anytime they want. Property can be replaced, when you start bunking with Jose Padilla it's time to get worried.
     
  4. happy old sailor

    happy old sailor Member

    Joined:
    Dec 29, 2002
    Messages:
    581
    Location:
    WestArk
    here, the sheriff holds an auction every year. got a few buys there self. few years back, fellow bought a motot home, ratty, tore out inside to remodel and found a load of pot. did not touch, called sheriff and gave the pot back. everything turned out ok all around, just one thing that can happen at these auctions. i only bid on knives, guns and such.
     
  5. Vernal45

    Vernal45 member

    Joined:
    Feb 28, 2005
    Messages:
    729
    Location:
    USA, I travel alot.
    If it, the property, can be related to Drugs, if the cop can articulate that it, the property, may have someting to do with drugs, its, the property, gone.

    Welcome to the war on drugs. And for G*ds sake, dont keep property in, or near a coffee can. ;)
     
  6. WT

    WT Member

    Joined:
    Jun 11, 2003
    Messages:
    1,985
    Okay, you admitted or implied doing something illegal by riding a skateboard where it is not allowed.

    In my state police officers are allowed by statute to seize "conveyances intended to facilitate the perpetration of illegal acts."

    Yes they can take your board. You may have to go to court to get it back.

    Better they seize the board than they seize you.
     
  7. whm1974

    whm1974 Member

    Joined:
    Feb 10, 2004
    Messages:
    2,058
    More so if by arresting you would cost much more then seizing your skateboard.

    -Bill
     
  8. centac

    centac member

    Joined:
    Apr 26, 2005
    Messages:
    355
    If it is contraband, fruits of a crime, or thing otherwise criminally possessed. The final clause would account for a skateboard in a no-skateboarding area.
     
  9. RavenVT100

    RavenVT100 Member

    Joined:
    Aug 18, 2004
    Messages:
    1,107
    Or soon in NJ, they're trying to make it so they can take away your house if an unregistered handgun is present (even if you didn't know about it).
     
  10. zahc

    zahc Member

    Joined:
    Mar 23, 2003
    Messages:
    1,961
    Location:
    TX
    I figured as much, but what keeps said cop from seizing my skateboard, and giving it to his son for christmas? Seems some leeway for abuse here.
     
  11. Control Group

    Control Group Member

    Joined:
    Feb 3, 2005
    Messages:
    558
    Location:
    Milwaukee, WI, Uniform Districts of America
    You just made me inhale coffee.

    Thanks. ;)
     
  12. Control Group

    Control Group Member

    Joined:
    Feb 3, 2005
    Messages:
    558
    Location:
    Milwaukee, WI, Uniform Districts of America
    Sure is. But it's really no worse than the police keeping the proceeds from traffic citations, and certainly not as inherently abuse-prone as asset forfeiture in drug cases.

    It's all part of the same problem. We've got law enforcement that's funded in part on a commission basis. Or at least, I think it's a problem; many people disagree with me. YMMV.
     
  13. bakert

    bakert Member

    Joined:
    May 1, 2005
    Messages:
    1,668
    Think I would just take the cop's word and ride somewhere else. Why challenge them about something this. You would probably have to go to court to get your board back. In some smaller towns the cop's son might very well wind up with it.
     
  14. Derek Zeanah

    Derek Zeanah System Administrator Staff Member

    Joined:
    Dec 20, 2002
    Messages:
    8,223
    Location:
    Statesboro, GA
    On TFL a few years back (before THR) someone mentioned a case something like this: he was travelling in a motor home when it ran out of gas/broke down. While it was "abandoned" (he walked to get fuel/hoses/whatever) a CHP officer broke into it to insure that nothing was wrong, found some pricy firearms (I believe a PSG-1 was one of them) and hauled them off.

    This was "policy" you see -- temporary domicile and all that. Yet if I remember correctly, the arms never made it into the CHP's arms locker.

    Don't know if he ever got them back...
     
  15. dolanp

    dolanp Member

    Joined:
    Feb 20, 2005
    Messages:
    944
    Location:
    Texas
    Police often do what they want and then if it turns out to be illegal they've lost nothing but the case.

    Also once they get their hands on it you're lucky if you get it back, especially undamaged.
     
  16. para.2

    para.2 Member

    Joined:
    Dec 24, 2002
    Messages:
    253
    Location:
    New Mexico
    On a similar note... I'm frequently advised when I purchase a new/used firearm to keep a copy of the receipt in my wallet/glovebox, "So if you're stopped, you can prove it's yours." :uhoh:

    I have to prove I legally own it, and the police don't have to prove I don't before confiscating/impounding/whatever? :mad:
     
  17. Vernal45

    Vernal45 member

    Joined:
    Feb 28, 2005
    Messages:
    729
    Location:
    USA, I travel alot.
    Sad, but in most cases, its true. :cuss:
     
  18. M109A6 Paladin

    M109A6 Paladin Member

    Joined:
    May 24, 2005
    Messages:
    20
    Did you get a receipt for your skateboard?

    Chances are you could pick it up at the station. The offense is long over.
     
  19. RevDisk

    RevDisk Member

    Joined:
    Apr 27, 2004
    Messages:
    1,737
    Location:
    Pennsylvania
    I ponder how illegal it is to keep doublecharged or uhm, "malfunctioning" ammo nearby. I suppose filling a case with Comp B would be hard to justify if someone swipes your weapon/ammo, then gets blown up when he fires it.

    Just a thought. I would never do something like that, as I believe it is a felony to booby trap your own possessions or property.
     
  20. cidirkona

    cidirkona Member

    Joined:
    Nov 19, 2003
    Messages:
    1,182
    Location:
    Tucson, Az
    If I were speeding and I get pulled over, I accept the ticket and pay for it.

    I've been caught skating in not-so-OK places before, and as long as you're honest and respectful to the officers around here, they don't try to take your board. Thank them for being polite, shake their hands.

    -Colin
     
  21. kel

    kel Member

    Joined:
    Aug 31, 2004
    Messages:
    155
    They can do whatever the hell they want

    It's up to you to prove they did something wrong. In the case of confiscation you cannot seek redress if they give it back to you after the court has ordered them to return it. Sure you can try to sue them for pain, suffering, emotional distress (it distresses me), and economic loss. but you won't have much luck. Police are allowed unlimited "mistakes" and misinterpretations of the law and they can enforce laws that don't even exists thanks to judicial activism. Good luck finding a court system that gives a crap about such abuses of power, especially if you are one of the ostracized non-PC groups like gun owners, boarders, alchoholics, smokers etc. that no one PC considers human.

    I struggle not to use harsher language to describe LE. Where I come from they offer no services or protection, just this.
     
  22. O.F.Fascist

    O.F.Fascist Member

    Joined:
    Oct 24, 2003
    Messages:
    262
    Location:
    Corpus Christi, Tx, United States of America
    Personally I would rather get a ticket and be charged with something than to give up my personal property a law enforcment officer.

    I'm glad I live in Texas where it is your right to have a jury trial for any offense.
     
  23. halfacop

    halfacop Member

    Joined:
    Apr 23, 2004
    Messages:
    336
    Location:
    State of Confusion
    What keeps them from taking your board and giving it to their kid?

    Lets try HONESTY, INTEGRITY, TRUSTWORTHINESS, shall I go on?

    Who was the one in the wrong here?

    Why does it seem that the first impression about "officers of the law" seems to be that they are crooked as a tree branch? They are simply out doing the job that most wouldn't think of doing. They go out and do a job that requires stapping on a bullet resistant vest - they deserve a touch of respect for that - they were not the ones out getting caught doing something they were not suppose to be doing in the first place.

    The question was a good one but it went down hill from there!
     
  24. gringolet

    gringolet Member

    Joined:
    May 9, 2005
    Messages:
    242
    new stuff

    some new stuff is developing in areas of confiscation and forfeiture...for example the courts distinguish between "punitive" and "remedial" forfeitures...remedial is to reimburse government for costs of criminal conduct..punitive is a forfeiture intended as punishment...a forfeiture as punishment may be double jeopardy to criminal prosecution...and a remedial forfeiture must generally be "proportionate", that is they may not be able to forfeit a new mercedes for a single marijuana cig.....and, of course there is also contraband...this is a little different, if legally declared contraband is not viewed as forfeiture and possession is not lawful and "ownership" is not permitted...it's an interesting area of the law and one that drew quite a bit of attention a few years ago...you might see if you can find the book "lost rights" which has some interesting discussions and expamples.
     
  25. zahc

    zahc Member

    Joined:
    Mar 23, 2003
    Messages:
    1,961
    Location:
    TX
    Because in my experience, they are. Simply put.

    That said, everyone likes to turn my threads into cop bashing threads until they get locked, when all I asked was a general question that can be discussed within the tos.
     
Thread Status:
Not open for further replies.

Share This Page