Do you have adblock enabled?
 
If you can read this, either the style sheet didn't load or you have an older browser that doesn't support style sheets. Try clearing your browser cache and refreshing the page.

(Cleveland Plain Dealer)   Cleveland police refuse to return gun to man who consented to a legal search. Naturally, the gun owner is suing for the return of his weapon--and tens of thousands of dollars in damages   (cleveland.com ) divider line
    More: Asinine, Cleveland Police, Photo of the Day, refuses  
•       •       •

10202 clicks; posted to Main » on 10 Aug 2013 at 5:02 PM (3 years ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



Voting Results (Smartest)
View Voting Results: Smartest and Funniest

2013-08-10 01:04:58 PM  
10 votes:
I'm not a fan of gun owners but this is theft by the police.
2013-08-10 02:12:43 PM  
8 votes:

The My Little Pony Killer: The lawsuit said police unlawfully searched his car and seized the weapon. He was arrested for possessing a weapon while a  felon. He was held in the city jail for three nights.

Not charged =/= legally allowed to have a gun


"He spoke with officers and later told them that he had a permit to carry a concealed weapon, which was in his car, according to the suit.

He bought the .38-caliber Taurus on Feb. 19, 2011, for about $500 from Atlantic Gun and Tackle, the suit said, and he has a receipt for it.

The lawsuit said police unlawfully searched his car and seized the weapon. He was arrested for possessing a weapon while a felon. He was held in the city jail for three nights.

But he was never charged, and his attorney, J. Gary Seewald, says Washington does not have a criminal record
."

Well it's one or the other. And if he is a felon he goes into "how about we enforce existing gun laws and charge the motherfarker? FFS" category. And if he's not a felon the cops need to give him his goddamn gun back.
2013-08-10 01:10:36 PM  
7 votes:
Why should he have to buy a new one? His old one was stolen and he knows exactly who has it.
2013-08-10 05:25:23 PM  
6 votes:
No matter how you feel about guns, you should not like any precedent which says the police can take what you have and not give it back.
2013-08-10 05:12:10 PM  
5 votes:

The My Little Pony Killer: The lawsuit said police unlawfully searched his car and seized the weapon. He was arrested for possessing a weapon while a  felon. He was held in the city jail for three nights.

Not charged =/= legally allowed to have a gun


Actually it pretty much does. To become a prohibited person, as in someone the government says can't have a gun, you have to have done one of a few certain things. A felony conviction will do it, as will a misdemeanor DV conviction, so will being charged with a felony with a jail term of more than a year. However almost all of the things are criminal. The only thing that aren't is if you have dishonorably discharged from the military or if you have been committed to a mental institution (or adjudicated mentally defective). Well you can also lose the right by renouncing your US citizenship, but then you can't stay in the US either so it is kinda moot. There is no provision for "because we don't think you should" or "because we don't like you".

So they have to have a specific reason to take this guy's gun. If he's not being charged with a crime and doesn't have a criminal record, then they have to give it back. Remember that, like it or not, firearm ownership is an enumerated right meaning it is subject to protections. It isn't something that can be revoked for no reason.

http://www.atf.gov/firearms/how-to/identify-prohibited-persons.html
2013-08-10 01:09:03 PM  
5 votes:
How is this different than cash seizures? I am not saying either is good.
2013-08-10 05:45:15 PM  
4 votes:

tetsoushima: I feel bad for the guy, walking around with your backup piece instead of your primary can feel like you're walking around with a slightly smaller penis.  What if he didn't have a available right away when he got home?  What would he have brought to Starbucks yesterday, a loaner?  How mortifying.


Why are gun haters so obsessed over penis size?
2013-08-10 05:16:32 PM  
4 votes:
"Washington's lawsuit alleges that Washington called police about 2:30 a.m. Feb. 10"

that was his first mistake right there.
2013-08-10 05:14:39 PM  
4 votes:
I believe that the lawsuit has more to do with staying 3 nightsin the pokey.  Do you think he would be this pissed if he wasn't unlawfully imprisoned?  I would sue the shiat out of him as well.  The police have far too much control now as it is.  The NRA should be doing this case pro bono.
2013-08-10 04:47:55 PM  
4 votes:

The My Little Pony Killer: The lawsuit said police unlawfully searched his car and seized the weapon. He was arrested for possessing a weapon while a  felon. He was held in the city jail for three nights.

Not charged =/= legally allowed to have a gun


Well, except in this case it kind of is. He has a permit, a receipt and, apparently, no felony record.

That is to say, it never should have been seized in the first place and should now be returned.
2013-08-10 05:45:26 PM  
3 votes:
"the city does evaluate the return of property on a case-by-case basis.''
REALLY? how about always give the citizen's property back?
ASSHOLLESSSSSS
2013-08-10 05:36:41 PM  
3 votes:

The My Little Pony Killer: The lawsuit said police unlawfully searched his car and seized the weapon. He was arrested for possessing a weapon while a  felon. He was held in the city jail for three nights.

Not charged =/= legally allowed to have a gun


The man does not have a criminal record.  He is not a felon.  He has a valid conceal carry permit.  Ergo he was arrested under false pretenses.

This isn't even the much abused asset forfeiture crap the police love to use to steal property.
2013-08-10 05:16:19 PM  
3 votes:
The lawsuit said police unlawfully searched his car and seized the weapon. He was arrested for possessing a weapon while a  felon. He was held in the city jail for three nights.

But he was never charged, and his attorney, J. Gary Seewald, says Washington does not have a criminal record.


Why isn't this guy suing for false arrest and imprisonment also?
2013-08-10 05:10:56 PM  
3 votes:
I'm a big old bunny hugging, tree worshipping freak, but this is wrong. They should give the guy his gun back.

They'd get reamed if they stole his watch or cell phone. This is not very different.
2013-08-10 05:08:06 PM  
3 votes:

The My Little Pony Killer: The lawsuit said police unlawfully searched his car and seized the weapon. He was arrested for possessing a weapon while a  felon. He was held in the city jail for three nights.

Not charged =/= legally allowed to have a gun


Please name your source/evidence that says he's not allowed to own a firearm.  And why would the state give him a concealed carry permit if he wasn't allowed to have guns?

Are you reading a different article then the rest of the class...?
2013-08-10 03:49:02 PM  
3 votes:

clancifer: How is this different than cash seizures? I am not saying either is good.


It's not. Legal is legal, illegal is illegal, private property remains that, and due process is always required. They need to shiat or get off the pot.

I hope he wins that plus more.
2013-08-10 09:34:35 PM  
2 votes:

tetsoushima: I feel bad for the guy, walking around with your backup piece instead of your primary can feel like you're walking around with a slightly smaller penis.  What if he didn't have a available right away when he got home?  What would he have brought to Starbucks yesterday, a loaner?  How mortifying.


So I take it that if the police took one of your possessions that cost you $500.00, for no legal reason and refused to give it back we would all be invited to mock the size of your genitalia if you complained.

Did I get the rules right?
2013-08-10 06:00:43 PM  
2 votes:

Neighborhood Watch: The police (anywhere) can and will take that away from you and you'll never see it again.


Poor people aren't allowed to have cash.  If they have cash, that means they got it illegally.  All transactions must be recorded, or you're a terrorist.  Sound familiar?  Does anybody still think it's all college football and spiffy cars and lawnmowers on Sat. mornings and rainbow farting unicorns flying us our Burger King order while sprinkling Old Glory and fuzzy kittens o'er the land of the free?  All I can do is sit here and watch the tsunami of history repeat itself in "it can't happen here" land.  But if you get out a roll of tinfoil and tell me it's just a spring shower, you'r the fool.  Not me.
2013-08-10 05:46:54 PM  
2 votes:

namatad: "the city does evaluate the return of property on a case-by-case basis.''
REALLY? how about always give the citizen's property back?
ASSHOLLESSSSSS


Yeah.  There's that whole Constitutional thing about being secure in your property and such.

Oh, right.  The Constitution died when the towers collapsed.
2013-08-10 05:44:46 PM  
2 votes:

CruiserTwelve: arcas: Something's missing here.  They held him in jail for three days, presumably because they wrongly believed he was a felon in possession of a firearm, and he's not suing for that also?

That bothers me too. Why isn't the guy complaining about a false arrest? All he wants is his gun back. Something is definitely missing from this story.


Perhaps a legal strategy? Get the gun back and next you take them to the cleaners for the rest. Just a guess.
2013-08-10 05:40:17 PM  
2 votes:
If they did in fact wrongfully take it and he has no criminal record nor did anything wrong, he deserves it back and the police officers involved and department should be penalized with fines. Make them pay punitive damages.
2013-08-10 05:37:04 PM  
2 votes:

CruiserTwelve: arcas: Something's missing here.  They held him in jail for three days, presumably because they wrongly believed he was a felon in possession of a firearm, and he's not suing for that also?

That bothers me too. Why isn't the guy complaining about a false arrest? All he wants is his gun back. Something is definitely missing from this story.


The writer screwed up. He's suing for a lot more than just the amount of the gun and fees. But the gun is what the article is focused on...
2013-08-10 05:24:12 PM  
2 votes:
With a name like Washington, the cops reasoning should be quite obvious.
2013-08-10 05:20:22 PM  
2 votes:
The lawsuit said police unlawfully searched his car and seized the weapon. He was arrested for possessing a weapon while a  felon. He was held in the city jail for three nights.
But he was never charged, and his attorney, J. Gary Seewald, says Washington does not have a criminal record.


Something's missing here.  They held him in jail for three days, presumably because they wrongly believed he was a felon in possession of a firearm, and he's not suing for that also?
2013-08-10 05:15:25 PM  
2 votes:
No. The police do not get to steal ANYTHING from citizens. EVER. Even guns. What the f*ck, cops.
2013-08-11 03:36:26 AM  
1 vote:

CruiserTwelve: CliChe Guevara: and list the other half of the folks that do as people who are 'known armed' in the computer, and therefore treated to the full armed threat response at any contact, even a minor traffic stop or welfare check.

Bullshiat. No such database exists.


 the local cops certainly do have such a thing. don't know if they share it or not with the county sheriffs dept or not, but the local cops at least sure as hell do have notations on contacts with both individuals and addresses of concern in the past. name a police department that doesn't. that isn't some conspiracy theory, that is just S.O.P. for any department.

 had a co-worker that got the full 'get out on the ground' at gunpoint thing a couple times at trivial traffic stops, eventually got a lawyer to look into it after a scary event where his roommate called the police to report something minor like having his car broken into, and had the cops bust in with shotguns until they could 'secure' my co-worker as his name came up related to that address through DMV records (keep in mind that he had no criminal record AT ALL). they searched him at gunpoint in his own home, then detained him in a corner so that other officers could take his roommates totally unrelated victim report.
 his lawyer foundout this came from him having a 'known to carry small revolver' notation on his record that the dispatcher would inform any officers of when running a check on him. guess how they knew he owned/carried a revolver? they took it originally at a traffic stop where they asked if he was armed, and per the rules of having a CCW he replied in the affirmative that there was one in the car. this resulted in a violent takedown and handcuffing, search of the car, and confiscation of the revolver, later to be released without charge (but without the gun) an hour or more later.he filed the papers to get it back, and his life was not the same again.
 not the only person they did that to, either.
2013-08-10 07:37:19 PM  
1 vote:

n0nthing: ZzeusS: .38 Taurus?  What, like $60 at a pawn shop?  Police did him a favor.

My thoughts exactly, you'd think he'd want to tip them for taking it off his hands.


In a situation where I need to defend myself against violence, I'd rather have a working, loaded .38 Cal. Taurus than gun snob cred.
2013-08-10 07:15:36 PM  
1 vote:

HempHead: mrEdude: he should get it back,
then go shooting cops with it

You sound like a tough guy.


Tough guys, thieves, hypocrites, witless slags.. what's the difference?  Nobody is tough enough to change the channel.  You sound smirky and 15.  We all have our cross to bear in this dime store cesspit that was once a reasonably free society.
2013-08-10 07:14:06 PM  
1 vote:

bunner: Neighborhood Watch: The police (anywhere) can and will take that away from you and you'll never see it again.

Poor people aren't allowed to have cash.  If they have cash, that means they got it illegally.  All transactions must be recorded, or you're a terrorist.  Sound familiar?  Does anybody still think it's all college football and spiffy cars and lawnmowers on Sat. mornings and rainbow farting unicorns flying us our Burger King order while sprinkling Old Glory and fuzzy kittens o'er the land of the free?  All I can do is sit here and watch the tsunami of history repeat itself in "it can't happen here" land.  But if you get out a roll of tinfoil and tell me it's just a spring shower, you'r the fool.  Not me.


This old man highly approves bunner's message.
2013-08-10 06:29:34 PM  
1 vote:

ltdanman44: "Washington's lawsuit alleges that Washington called police about 2:30 a.m. Feb. 10"

that was his first mistake right there.


This.

The police cannot and will not help you. They don't care about you, and in fact view you as a criminal they haven't caught yet.

Unless you're lying in the gutter bleeding, or someone else is, call someone else.
2013-08-10 06:27:08 PM  
1 vote:

phojo1946: I do not want that to happen but the upper echelon must begin housecleaning their forces to get the public's trust back.


I can see where this might seem implausible while watching shampoo commercials and woofing down a Big Mac in one's well kept manse, as it were, but they don't really give a polly wolly doo dah f*ck about your trust anymore.  They got the keys to the safe.  They got the government in their pockets, the wealth in their ledgers and all they want is for you to shut the f*ck up, do as your told and keep all those IOUs moving around.  That's it.  If you're not ballin' on a nine digit check statement, that's your job, now.  You don't have to trust a chained up dog.  You simply need a really good chain.
2013-08-10 06:22:13 PM  
1 vote:

The My Little Pony Killer: The lawsuit said police unlawfully searched his car and seized the weapon. He was arrested for possessing a weapon while a  felon. He was held in the city jail for three nights.

Not charged =/= legally allowed to have a gun


No criminal record = never a felon ==>allowed to own a gun
2013-08-10 06:21:28 PM  
1 vote:
More and more I am finding that the comment that 95% of the cops give the remaining 5% a very bad name is very valid.  I grew up with the concept that the policeman was your friend and it is hard to accept that that is no longer the case.  I have never had a bad interaction with our local police but I am seeing more and more situations in which the police are acting as thugs and thieves rather than someone I should trust with my life.  I am just afraid that eventually there will be a web site that identifies all these thieves and thugs and puts out a shoot on sight on them and when that happens they will really have a reason for their paranoia as the thugs and thieves start dying.  I do not want that to happen but the upper echelon must begin housecleaning their forces to get the public's trust back.
2013-08-10 06:03:26 PM  
1 vote:
The only difference between cops and criminals is the paperwork.
2013-08-10 05:51:38 PM  
1 vote:
Cops steal.  And they don't give sh*t back.  And if somebody who isn't a cop steals  your sh*t, they don't help get that sh*t back, either. Criminal justice in one more misnomered industry that grabs whatever it can get it's hands on and keeps it.  AAMOF, that's  pretty much the entire American business model in a nutshell.  Stop looking for justice in a failing society that's being dismantled by anybody with a crowbar.
2013-08-10 05:51:37 PM  
1 vote:
Subby got the headline wrong.  He didn't consent to a legal search.  The police conducted an ILLEGAL search of the man's vehicle.
2013-08-10 05:51:21 PM  
1 vote:

violentsalvation: The My Little Pony Killer: The lawsuit said police unlawfully searched his car and seized the weapon. He was arrested for possessing a weapon while a  felon. He was held in the city jail for three nights.

Not charged =/= legally allowed to have a gun

"He spoke with officers and later told them that he had a permit to carry a concealed weapon, which was in his car, according to the suit.

He bought the .38-caliber Taurus on Feb. 19, 2011, for about $500 from Atlantic Gun and Tackle, the suit said, and he has a receipt for it.

The lawsuit said police unlawfully searched his car and seized the weapon. He was arrested for possessing a weapon while a felon. He was held in the city jail for three nights.

But he was never charged, and his attorney, J. Gary Seewald, says Washington does not have a criminal record."

Well it's one or the other. And if he is a felon he goes into "how about we enforce existing gun laws and charge the motherfarker? FFS" category. And if he's not a felon the cops need to give him his goddamn gun back.


$500 for a .38? Damn! Now I really wish I'd bought shares in gun companies back in 2008.

/so if old white people fear black men and buy guns, what threat would Hillary pose?
//fear of emasculation leads to ... more strip clubs and bigger trucks?
2013-08-10 05:40:28 PM  
1 vote:

Mike_LowELL: Nobody has explained to me why poor people are allowed to carry guns in the first place.  I hope the political right grows some balls and gets their arms in the air over this.  I can't bear to live in a world where people making under 250,000 dollars are allowed to carry guns.  As always, the history of man has been the history of poor people oppressing the rich.


"Marx and Engels taught that in order to win victory over the class enemies the proletariat had to be armed, organized and disciplined. A resolute rebuff had to be given to any attempt on the part of the bourgeoisie to disarm it."

~ Andrei A Grechko, Soviet minister of defense
2013-08-10 05:39:46 PM  
1 vote:

The My Little Pony Killer: The lawsuit said police unlawfully searched his car and seized the weapon. He was arrested for possessing a weapon while a felon. He was held in the city jail for three nights.

Not charged =/= legally allowed to have a gun


Charges were dropped because he wasn't a felon.
2013-08-10 05:28:09 PM  
1 vote:

arcas: Something's missing here.  They held him in jail for three days, presumably because they wrongly believed he was a felon in possession of a firearm, and he's not suing for that also?


That bothers me too. Why isn't the guy complaining about a false arrest? All he wants is his gun back. Something is definitely missing from this story.
2013-08-10 05:27:02 PM  
1 vote:

Satanic_Hamster: The My Little Pony Killer: The lawsuit said police unlawfully searched his car and seized the weapon. He was arrested for possessing a weapon while a  felon. He was held in the city jail for three nights.

Not charged =/= legally allowed to have a gun

Please name your source/evidence that says he's not allowed to own a firearm.  And why would the state give him a concealed carry permit if he wasn't allowed to have guns?

Are you reading a different article then the rest of the class...?


liberals get to be liberal with the truth
2013-08-10 05:26:53 PM  
1 vote:

ltdanman44: "Washington's lawsuit alleges that Washington called police about 2:30 a.m. Feb. 10"

that was his first mistake right there.


Yep.

And remember this, when seconds count, the cops are only 20 minutes away.
2013-08-10 05:26:09 PM  
1 vote:

panfried: With a name like Washington, the cops reasoning should be quite obvious.


That's what i was thinking.
2013-08-10 05:20:36 PM  
1 vote:

zamboni: The My Little Pony Killer: The lawsuit said police unlawfully searched his car and seized the weapon. He was arrested for possessing a weapon while a  felon. He was held in the city jail for three nights.

Not charged =/= legally allowed to have a gun

Well, except in this case it kind of is. He has a permit, a receipt and, apparently, no felony record.

That is to say, it never should have been seized in the first place and should now be returned.


Permit (possibly invalid*), receipt, and allegedly no felony record.

*based on the possible felony record
2013-08-10 05:17:25 PM  
1 vote:

The My Little Pony Killer: The lawsuit said police unlawfully searched his car and seized the weapon. He was arrested for possessing a weapon while a  felon. He was held in the city jail for three nights.

Not charged =/= legally allowed to have a gun


Know how I know you didn't read the article?
2013-08-10 01:39:34 PM  
1 vote:
Nobody has explained to me why poor people are allowed to carry guns in the first place.  I hope the political right grows some balls and gets their arms in the air over this.  I can't bear to live in a world where people making under 250,000 dollars are allowed to carry guns.  As always, the history of man has been the history of poor people oppressing the rich.
2013-08-10 01:17:57 PM  
1 vote:
The lawsuit said police unlawfully searched his car and seized the weapon. He was arrested for possessing a weapon while a  felon. He was held in the city jail for three nights.

Not charged =/= legally allowed to have a gun
2013-08-10 01:17:34 PM  
1 vote:

Arthur Jumbles: I'm not a fan of gun owners but this is theft by the police.


violentsalvation: Why should he have to buy a new one? His old one was stolen and he knows exactly who has it.


/2 lazy 2 typ
 
Displayed 48 of 48 comments

View Voting Results: Smartest and Funniest

This thread is archived, and closed to new comments.

Continue Farking
Submit a Link »
On Twitter








In Other Media
  1. Links are submitted by members of the Fark community.

  2. When community members submit a link, they also write a custom headline for the story.

  3. Other Farkers comment on the links. This is the number of comments. Click here to read them.

  4. Click here to submit a link.

Report