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>that feel when you get your gun back from the evidence locker
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You are currently reading a thread in /k/ - Weapons

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>that feel when you get your gun back from the evidence locker
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>>29764748
It's storytime, OP.
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>>29764748
did they give you your $1.50/rd bullits back too?
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>>29764757

They did, and both magazines.

>>29764756

Driving home at night, made a wrong turn in an unfamiliar area. Got my car stuck on some weird train tracks, cops come and I'm outside my vehicle assuming they're going to help. They decide I look like I've been drinking, took my USPC45 I was carrying, toss me in the can. Months later they finally get the video up, and I don't look drunk or speak slurred in any manner. Case dismissed, got gun back.
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>>29764788
>mfw the cops just wanted to try out OP's USP and didn't know how to ask.
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>>29764748
It doesn't look scratched up at all? I guess I could use the good guns for sd.
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>>29764891

Nope, just like it was when I got it. Still in great shape.
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Anyone else ever have the cops return your pistol?
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>>29764912
just make sure they didnt file down your firing pin. What a bunch of cunts. Id consult a lawyer for violation of 4th amendment rights and seizing your property for an unreasonable amount of time.

On what grounds did they arrest you if you passed the blow-meter?
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>>29764935

They didn't give me a breathalyzer. Besides .08 BAC, you can still be charged if the cop decides you "appear to not have full control of your physical or mental faculties". Obviously, when the video came out it put a nail in that coffin, and I have my favorite pistol back.
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>>29764788
Ok so what really happened OP?
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>>29765073

Cops didn't feel like dealing with me I guess, easier to just chuck me in jail, call a tow truck, and let the system sort it out.
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>>29764748
I know that feel, OP.

They took my mag and my box of ammo, though.
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>>29765106
Yeah but basically this is your story:
>got car stuck on train tracks
>cops came on scene and thought i was drunk
>arrested me

Fuck dude. This doesnt even make any sense. What state are you in assuming youre being truthful?
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>>29765119

Story??
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>>29765106
Fortunately that is not how the legal system and your rights are supposed to work. Talk to an attny and see if what they did was really legal, because I highly doubt it.

Did they put you in the 12hour "drunk-tank"? or book you?
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Lol op is going to be rich
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>>29765130
Oh look a cop
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>>29765136

Yes, I was charged and left jail on bail. The case took 6 months in court to resolve.

>>29765130

But that's literally what happened. My attorney was a DA in that county, and he said he used to reject cases from that officer all the time because he would do shit like this. It didn't have a chance in court, but it's just a misdemeanor so the court will wait as long as possible hoping you plea out so they can take your money and property.
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>>29765166
why didn't you motion for dismissal on lack of evidence?
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>>29765166
Sounds like you should sue the fuck out of them.
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Yall need to read up basic laws and rights.
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>>29765171

Because according to my lawyer it took months to get the video, he kept trying to get it dismissed based on me having an LTC and the fact that it's not actually even illegal to drink while carrying, just to be intoxicated. When the video came out they dropped it like a hot potato.
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>>29765134
Stupid.

>drinking
>decide to drive home
>get really tired a block or so later
>fuck, better not drive
>park on the side of the road
>winter, so keep car running
>gun is locked in glove compartment
>NAPTIME
>.....
>wake up in jail
>bail myself out
>bail out car from car jail
>no gun

Found out I was charged with unlawful concealment of a firearm, which is horseshit. Public intox, sure. Driving while intoxicated, no, but operation of a motor vehicle while under the influence....technically they can prove it.

>later, when I have a lawyer
>lawyer gets firearms charge dropped because of illegal search and shit
>ask lawyer about my gun
>lawyer says he can pick up the gun, but he would legally be bound to not return it to me
>inquire about possible methods to retrieve my gun
>informs me of the beauty of filing for return of seized property of a dropped charge pro se
>do so
>get gun back
>no ammo
>no mags
>just fucking gun
>am still stoked
>inform lawyer
>he drops me as a client, because I took matters into my own hands and acted outside the instructions of legal counsel

Fucking faggot. Sold my gun, though. I felt it brought bad luck.
>it was a Taurus PT 24/7 CA Edition
>I fucking wish I were lying
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>>29765202
>Because according to my lawyer it took months to get the video

Load of horseshit
That's the prosecution blue-balling you on releasing evidence
I'd have motioned to go to trial and demanded that they hand over the video
Being as they had the evidence and chose not to hand it over, it's a mistrial
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>>29765217
that's horseshit
Why can't he give it to you and why can't you just go get it?
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>>29764748
How was it after sitting for months in the evidence room. Was it all rusted to shit or did they actually take care of your property?
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>>29765217
lawyer can go fuck himself
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>>29765244

>HK
>ever rusting

Nah but seriously it is in great shape. It was still in my kydex holster in the evidence bag when they returned it took me.
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>>29765165
Yup.

>>29765166
Well shit, you do have the occasional cop with a reputation at the DA/SAO. The judge should have thrown that shit straight out at first appearance, or if you bonded out beforehand, later at arraignment. The entire point of a probable cause affidavit (arrest paperwork, not a report) is so that at first appearance or arraignment the judge can say "LOL fuck no, dismissed" if the officer did not in fact have probable cause to make the arrest from the get go. Sorry it took so long to get tossed but it sounds like the right decision was made eventually.

I personally submit my PCA narrative to an on duty sergeant or lieutenant for review before I even swear to and sign the fucking thing, let alone take someone to jail. Never hurts to have a more experienced set of eyes glance over it to make sure it is sound and more importantly lawful. Sorry you dealt with tards.
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>>29765237
Mind you, this is six years ago, so I may be incorrect with terms and shit.

Something about evidence seized being returned to the perpetrator of a crime and unlawful possession of firearms by a felon, etc. The charges, aggregated, would possibly have been charged as a felony, so that somewhat made sense. OUI is a misdemeanor, but it ain't something to sneer at. The firearms charge being dropped didn't change his tune.
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>>29764748
>He actually got his gun back from the police.
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>>29765222

I just got a lawyer right off the bat, I had way too much other stuff like school, two jobs, a girlfriend and whatnot to handle. I also didn't want to have to pay my lawyers trial fee lol, but I would have if they tried to take it to trial.
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>>29765265
so he couldn't give it to you because you were a felon, even though the charges were dropped, so he couldn't legally hold you accountable for them

okay your lawyer was retarded
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>>29765262

Yeah, what was fucked up also is that it was the older guy who was the lazy shit. My lawyer told me he's a K9 officer who just really has a bad reputation, and at the arrest the younger guy was the one who actually went through my wallet and pointed out I have an LTC and was carrying legally.
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>>29765287
I like to think he was greedy. There isn't a week that goes by without some kind of public official scandal going on in my county with bribery, embezzlement, or other shenanigans.

Hell, I happen to know that 60% of the judges and lawyers with private practices are in elbow deep with cocaine. They either deal it, are counsel for those who do, or are basically addicted to it. And the other ones are alcoholics.
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>>29765306
Lol yea youd be surprised how many have bad reps at the court level. There are even officers who have such a bad rep that once the state attorney sees the name attached to it he'll dismiss it right then and there and decline to file formal charges.

My wife went for a walk in a park with a friend of hers back when she was working nights in a neighboring city. She got stopped by a police officer who asked for their ID's. It was like 3 am and it was a reasonable suspicious person stop, and so she complied completely and said "sure ofc, my id is in my wallet in my car back in the parking lot". They walked to her car and before she unlocked it she said "ofc just to let you know before i go reaching in the car theres a gun in my glove box."

Ofc. Took the m&p 9c i bought her and ran the s/n and scolded her about not having a concealed weapons permit and not knowing the "three step law". Were in FL btw.... she said "but ofc its securely encased and im not a felon". And he continued to scold her. She said "but my fiance is ofc. Anon at the anonville PD and he bought it for me for protection". She said he immediately dropped the subj and warned her not to be in parks late at night.

She told me when she got home and i was so mad. I told a buddy at work and he laughed his ass off and goes "Diaz?! That lazy fucker used to work here before we canned his ass. Hes a piece of shit."

Moral of the story, we try to police our own retards if we can.
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>>29765357

I'm sure. Deep down I just wonder if he was pissed because they had him on night shift despite his age, around here the older guys work days and let the young guys have the nights. I've had much better experiences with younger cops as well.

Hell, about 6 years ago I had just got home from Afghanistan and had rented an apartment with my best friend who had just got out of college. My fiance at the time, my buddy, and I all went to this little shop around the corner to grab some coals for my hookah, and as we left the parking lot we were immediately pulled over.

Young cop walks up, I give him my ID, .mil ID, and CHL. He was very polite, very professional, didn't even disarm me. He asked if he could search the vehicle, I agreed (looking back this was probably very stupid) he did, then explained that they had lots of drug dealing out of that shop and apologized, then let us on our way.
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>>29765414
True that. Us younger guys, especially those that are prior military all have a pretty similar outlook and laid back demeanor. If someone tells me they have a CWP or firearm in the vehicle, i dont take it unless i have a reason to. Never had an issue with anyone who declared. I always conclude the interaction with "thank you for carrying responsibly, never know when i may need your help some day".
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>>29765450

Ever stop someone who had an out of state LTC/CHL?
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>>29765463
Hmmm not that i can recall. Honestly its rare that i come into contact with permit holders, or at least ones who declare it. It doesnt just show up on the screen when i run em. Why?
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>>29765470

Curious, because I have an out of state LTC but it's valid here (TX). I've never had any problems and the younger cop seemed to know it was good to go upon recognizing it. Maybe he browses here, lol he looked ex mil, so who knows?
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>>29765488
Possibly, if someone did present me with an out of state license id look it up to make sure we had reciprocity.
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>>29765503
Not him, but Texas has recprocity with 40+ other states. Closer to 45+ iirc
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>>29765503

Yeah, TX accepts 43 states fortunately, regardless of residency. The only ones it doesn't are all way up north.
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>>29765503
What would you do if they didn't have reciprocity? Is there a separate charge compared to someone carrying without a permit?
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>>29765655
Nope. Same felony as carrying a concealed firearm. That being said if the person has a valid permit from that state, isnt doing anything else illegal, isnt a felon, everything checks out, etc. and is simply ignorant of the law, id simply educate them on how to legally securely encase the firearm in their vehicle while in FL, tell them to enjoy their stay, and take the ass chewing later.
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