EDIT:
Does anyone know how to retrieve property from Denver PD or if there is a fine?
I'm going to call 311 tomorrow to try and get information
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EDIT:
Does anyone know how to retrieve property from Denver PD or if there is a fine?
I'm going to call 311 tomorrow to try and get information
eta: Too much info in my post, good luck!
My suggestion.....
Delete your post immediately.
Do not discuss this with anyone but a lawyer.
Posting this on an open board is an easy way to lose any case you might have.
I'm with JM...Time to squelch.
Sent from my DROID RAZR using Tapatalk 2
Why would they take your guns for a speeding ticket? Why would the car be impounded for a speeding ticket?
Thanks for the advice guys...I've edited the thread to remove any potential information in reference to the incident.
Didn't realize it could potentially hurt my brother on the matter.
...For those still viewing this post...
I just had a thought...
Under what piece of legislation is it legal for the LEO to confiscate my firearms while I am the legal owner?
I was NOT brought up on charges...does anyone know of any CRS that would allow that? No laws were broken..
Sounds as though the LEO is in violation of C.R.S. 18-12-204
Quote:
C.R.S. 18-12-204(3) (a) A person who may lawfully possess a handgun may carry a handgun under the following circumstances without obtaining a permit and the handgun shall not be considered concealed:
(I) The handgun is in the possession of a person who is in a private automobile or in some other private means of conveyance and who carries the handgun for a legal use, including self-defense; or
(II) The handgun is in the possession of a person who is legally engaged in hunting activities within the state.
(b) The provisions of this subsection (3) shall not be construed to authorize the carrying of a handgun in violation of the provisions of section 18-12-105 or 18-12-105.5.
Dude... Seriously... Not the place to discuss an open matter. When it's all sorted out, discuss it all you want. While it's open, it can only hurt your chances.
I'm assuming that it runs kinda the same way everywhere.
You're gonna wanna get in contact with the property evidence section.
Sometimes that's attached to the records division. Sometimes not.
After that, I couldnt tell you. Everywhere is different past that point.
Well...I called over to DPD today and got some very moody attitudey african american lady who said i'll have to fill out a background check to retrieve my firearms...this lady was a real bitch and really gave me no information...so now I dont know who to call...because she was straight up useless.
Well I see it this way, I was not brought up on any charges, and the firearms are MY property not my brothers, for which I can provide documentation for to show I am the owner.
The officer which this all went down with told me I would be able to get my property today, just to call in and find out where to go.
So, how they confiscate my personal property without bringing me up on charges is beyond me..it's illegal seizure.
PM sent
Can anybody find any piece of legislation that makes this confiscation legal in any way?
I'm failing to understand how this is within the bounds of their power.
Had I been charges with something and I had a case, or had anything happened other than a traffic stop I may understand them being held for investigation...however, they were not used in any sort, and not even a problem in regards to the stop, it took a bit longer, but that was expected.
So why...on earth, is MY property being confiscated while I am not charged with any offense.
Not sure why the vehicle was impounded unless it was illegally parked, unregistered, or the plate number was flagged for an investigative hold.
They are required to search impounded vehicles and inventory the contents. Any firearms found will be secured for the rightful owner. You should be able to get them back with minimal hassle, but remember you are dealing with a bureaucracy.
moral of the story: avoid activities that invite police interaction when carrying
If the vehicle was being impounded that was the officer's decision to make, and he probably had to make it quickly and on his own. Now you need to deal with the bureaucracy and take a day off work to fill out bullshit paperwork. If no charges were filed against you and your property is being released to you, you probably do not need an attorney for this unless you want to sue Denver.
Really? You've been on here for about 4 months... how many people on here have suggested any of that in previous posts?
OP, good luck, you're dealing with the City/County of Denver... I avoid that city as much as possible.
I'd have to agree with this sentiment. It's not prevalent, and the mods proved you get a nice timeout for provoking/praising/suggesting any illegal activity, especially towards LE. I know emotions can run high at times and some people get angry, but I've never heard anything about lining cops up against a wall... I say you punish the bad cops appropriately as an individual infraction, and not blanket all cops as bad because of a few misdeeds- and I mostly see that kind of attitude on here.