Broomfield PD

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02-18-2011, 20:05
Daniel_187

Broomfield PD

My brother did some dumb things about a year ago and had a run in with the Broomfield PD and had his pistol and 2 Knives taking into there Propety and Evidence. Well now He's all clear, and went through the proper channels and the Jugde said he is good to go to get his stuff back. When he called Propety and Evidence they "lost" his pistol and knives, Should he contact someone IE ATF and see what he Should do? Or What? It was not a junker pistol it was worth around $900 and knives another $200. Any Ideas?
02-18-2011, 20:11
Monky

http://www.9news.com/news/article/18...r-blames-media

Uhhh.. yeah your brother is fucked. There was an article which I fail at finding..but this is the follow on to it.. Basically.. they've lost a shit ton of evidence due to having inept people, not caring, and theft.
02-18-2011, 20:14
Elhuero

holy shit, insert anti cop comment here.

I could be wrong, but your bro is most likely SOL.
02-18-2011, 20:58
BPTactical

I would have an attorney draft a letter of request/demand to be made whole and have it sent certified to the Chief and the entire City Council. I would think the letter should have a description of the case, case #, serial # of the firearm and full description and replacement cost of the items missing and final judgement and whatever else that the attorney would deem necessary.
Some may think "Governmental Immunity" in this case but I doubt it-GI only covers the entity in the "Good Faith" executions of City duties. It will not cover them in the case of employee negligence or theft.
I would think that reasonable timeframe would be 30 days to be made whole.
If they balk then contacting the BATF may be a good hole card to have in your hand but I would not tip your hand just yet. I doubt the BATF would show much humor with missing firearms especially from a PD evidence locker. I would think that anybody with access to said locker during the time in question would get pretty nervous if the BATF started poking around.
I would definitly contact an attorney though before contacting the city.
02-18-2011, 21:06
DSB OUTDOORS

Quote:

Originally Posted by Monky

http://www.9news.com/news/article/18...r-blames-media

Uhhh.. yeah your brother is fucked. There was an article which I fail at finding..but this is the follow on to it.. Basically.. they've lost a shit ton of evidence due to having inept people, not caring, and theft.

^^^^^^ I agree!! Thats BullSHIT I heard that they have to hold those items in lockup for at least 2 years!! Some one stole them!! [Rant2]
02-18-2011, 21:56
cstone

Quote:

Originally Posted by BPTactical

I would have an attorney draft a letter of request/demand to be made whole and have it sent certified to the Chief and the entire City Council. I would think the letter should have a description of the case, case #, serial # of the firearm and full description and replacement cost of the items missing and final judgement and whatever else that the attorney would deem necessary.
Some may think "Governmental Immunity" in this case but I doubt it-GI only covers the entity in the "Good Faith" executions of City duties. It will not cover them in the case of employee negligence or theft.
I would think that reasonable timeframe would be 30 days to be made whole.
If they balk then contacting the BATF may be a good hole card to have in your hand but I would not tip your hand just yet. I doubt the BATF would show much humor with missing firearms especially from a PD evidence locker. I would think that anybody with access to said locker during the time in question would get pretty nervous if the BATF started poking around.
I would definitly contact an attorney though before contacting the city.

+1 In addition to the cost of the property the PD lost, the city should bear the cost of your brother's attorney's fees to recover damages. This is chain-of-custody 101. If the pistol and knives were needed by a prosecutor to convict a homicidal maniac (not in this case) how bad would the PD look when the case was dismissed because of negligence, at best, or conversion by a city employee, just as likely. Depending on the attorney you find to draft the letter, the idea of publicity to highlight the mismanagement of evidence by the PD could also be discussed. No Chief or Mayor wants or needs that kind of publicity.
02-18-2011, 22:02
mx'r

Damnit. Tough spot to be in. Just be glad that he's allowed to own guns still after a brush with the Liberal Colorado law ( not directed at cops, but the judges/DA's).
02-18-2011, 22:39
Byte Stryke

Quote:

E-mails: Broomfield looks for 'leaker,' blames media

[Eek3]

Really?

I would think all of the people looking for their property to be returned would have been the initial tip-off!

fu*king thieves

Good news is, if you have ANY type of case against you in Broomfield you can now call into question the credibility of the evidence lockup, chain of custody as well as the entire departments credibility.
Pfft, Maybe the cop that cited you is the thief...
who knows? Let the jury decide.
:)
02-18-2011, 22:43
kidicarus13

My first thought was internal theft.
02-18-2011, 23:17
Elhuero

Quote:

Originally Posted by kidicarus13

My first thought was internal theft.

yeah I was going to say that if it didn't get sold off his pistol is probably in the collection of someone with a badge.

but I didn't want to seem to anti cop~
02-18-2011, 23:28
Byte Stryke

Quote:

Originally Posted by Elhuero

yeah I was going to say that if it didn't get sold off his pistol is probably in the collection of someone with a badge.

but I didn't want to seem to anti cop~

Or dropped at the shooting scene of some cop's Ex-wife's new Boyfriend

[Shake]
02-18-2011, 23:53
hurley842002

Quote:

Originally Posted by Elhuero

yeah I was going to say that if it didn't get sold off his pistol is probably in the collection of someone with a badge.

but I didn't want to seem to anti cop~

Yeah, the statement seems fairly anti-cop to me.
02-19-2011, 00:01
Byte Stryke

Quote:

Originally Posted by hurley842002

Yeah, the statement seems fairly anti-cop to me.

yeah well I would venture to say that the ratio of crooked to straight with cops is pretty average with any other profession.
I've seen good ones and bad ones. The shame of it is everyone remembers the f*ck-ups
02-19-2011, 00:03
sniper7

hope he gets them back. I am guessing it will be a longer process than getting off and being able to continue owning guns. might cost more than the guns and knives are worth.
02-19-2011, 00:08
hurley842002

Quote:

Originally Posted by Byte Stryke

yeah well I would venture to say that the ratio of crooked to straight with cops is pretty average with any other profession.
I've seen good ones and bad ones. The shame of it is everyone remembers the f*ck-ups

Agreed, i've seen good ones and bad ones, but the good ones FAR outweigh the bad ones.
02-19-2011, 01:01
kidicarus13

Quote:

Originally Posted by hurley842002

Agreed, i've seen good ones and bad ones, but the good ones FAR outweigh the bad ones.

As we see with society.
02-19-2011, 02:53
Elhuero

Quote:

Originally Posted by hurley842002

Yeah, the statement seems fairly anti-cop to me.

yeah, well maybe he'll get lucky and they'll find the gun behind a filing cabinet or something.

occam's razor suggests differently.
02-19-2011, 08:54
SAnd

Quote:

Originally Posted by Byte Stryke

yeah well I would venture to say that the ratio of crooked to straight with cops is pretty average with any other profession.
I've seen good ones and bad ones. The shame of it is everyone remembers the f*ck-ups

The difference is that bad cops aren't just jerks. They're jerks with the power that can f**k up the rest of your life big time. Even a little screw up by them can cost you big bucks and life disruption. That's why I think they need to be held to a higher standard of performance and ethics than most other people.
02-19-2011, 08:55
JohnTRourke

We had something similar happen a few years back. 4 very high dollar rifles stolen, recovered, held, tried to auction them til we got it stopped. then they sat on it for almost 2 years.
no movement no nothing.

I finally got in touch with my congressperson. (they have local offices all over), explained the deal, the guy said "write the office a letter, I'll handle it"

1 week later, the PD who had them was falling all over themselves to get them returned.

Get thee to your congressperson's office. Demand the return of your guns or money in lieu.

It will happen.
02-19-2011, 09:05
Jumpstart

Yeah, start calling representative and such. File a report for it being stolen maybe......?[AR15][AR15]
02-19-2011, 09:31
Monky

Just call that fella up in NYC... tell him you think they're sending the guns to mexico.. [ROFL1]
02-19-2011, 09:45
JoeT

As a resident of Broomfield, I think that you should just "let it go". . .

You see, if your brother (and the other people missing stuff) want to be compensated for their loss. . .my taxes will just go up for the settlement.

[ROFL2][ROFL3]
02-19-2011, 10:15
opie011

Quote:

Originally Posted by JoeT

As a resident of Broomfield, I think that you should just "let it go". . .

You see, if your brother (and the other people missing stuff) want to be compensated for their loss. . .my taxes will just go up for the settlement.

[ROFL2][ROFL3]

Sad but probably true...
02-19-2011, 10:37
OneGuy67

Most of Broomfield's problems appear to be bad record keeping and physical accountability. The Chief is in a bad situation because he can't fire the two nimrods who are responsible for the fiasco in the evidence room as they could and probably would, sue for lack of training. Its one of a few suits that are allowed in law enforcement. Lack of training, lack of supervision, to name a couple. Both of which would apply here.

The course of action the Chief will most likely follow is, put a supervisor in there (which he now did), put the two employees through a formal training program, put them on a probationary status and if the issues continue, then he can remove them.

One of the issues observed by me is the violation of the separation rule. You need a more secure area in your evidence room or vault, in which you hold firearms, drugs and money in. An additional layer of protection. They are not to be mixed in with the rest of the evidence. Most use large gun vaults or a reinforced closet, dependent upon size of the department.

I hope Broomfield does get their house in order.

As for the missing firearm that started this thread, I'd go the attorney route with the drafted letter. ATF isn't going to care; FBI, DEA, etc, etc, aren't either. Too many people seem to believe the federal level of law enforcement is going to swoop in and take over something. Unless there is a federal law violation, they will not.
02-19-2011, 17:57
Daniel_187

Thanks guys, I just can believe the lack of blame they take. Now lets say it was something class III was lost, they would just say whoops sorry. F-ing bastards