Page 2 of 4

Posted: Mon Aug 20, 2007 9:13 pm
by jim314
I would let it go. A box of hollow points 20-30 bucks. It's not worth the trouble, choose your battles wisely. Rico
I agree.

Posted: Mon Aug 20, 2007 9:13 pm
by phddan
ricor wrote:I would let it go. A box of hollow points 20-30 bucks. It's not worth the trouble, choose your battles wisely. Rico
Suit yourself, but if that was my ammo that was illegally being kept, I would be following the chain of command up from whoever told me that lie.

Dan

Posted: Mon Aug 20, 2007 10:14 pm
by srothstein
I agree that you should choose your battles wisely, but I do not see this as a battle. The officer was wrong to keep the ammo.

The best way to handle this, IMHO, is to visit the Chief and ask him to clarify with the officers what the laws on weapons are. You could also ask the Chief if there is a policy on ammo, and again, ask for it to be explained to the officer. This way, you are assuming, and the Chief will be more likely to agree, that it was a misunderstanding and not a criminal act.

There are two reasons I say to do it this way. The first is the old saying: Never attribute to evil that which is explainable by stupidity. The officer may really have been a thief, or he could have recently moved down here from New Jersey and not yet realize our attitudes are very different. It truly could be an honest mistake.

Second, there is another old philosophy that you catch more flies with honey than with vinegar. By assuming the innocent mistake, the Chief is not having the department look nearly as bad and is much more likely to be receptive to the discussion. If it turns out it was a mistake, you have contributed to improving the department through the education process. If it turns out to be a theft, the Chief will know and find out and be able to handle the situation. In the latter case, the Chief will let you know and ask for a formal complaint UNLESS the whole department is corrupt. There is a small possibility of this being true, but I would not want to bet on it being true.

Posted: Mon Aug 20, 2007 10:19 pm
by Xander
srothstein wrote:I agree that you should choose your battles wisely, but I do not see this as a battle. The officer was wrong to keep the ammo.

The best way to handle this, IMHO, is to visit the Chief and ask him to clarify with the officers what the laws on weapons are. You could also ask the Chief if there is a policy on ammo, and again, ask for it to be explained to the officer. This way, you are assuming, and the Chief will be more likely to agree, that it was a misunderstanding and not a criminal act.

There are two reasons I say to do it this way. The first is the old saying: Never attribute to evil that which is explainable by stupidity. The officer may really have been a thief, or he could have recently moved down here from New Jersey and not yet realize our attitudes are very different. It truly could be an honest mistake.

Second, there is another old philosophy that you catch more flies with honey than with vinegar. By assuming the innocent mistake, the Chief is not having the department look nearly as bad and is much more likely to be receptive to the discussion. If it turns out it was a mistake, you have contributed to improving the department through the education process. If it turns out to be a theft, the Chief will know and find out and be able to handle the situation. In the latter case, the Chief will let you know and ask for a formal complaint UNLESS the whole department is corrupt. There is a small possibility of this being true, but I would not want to bet on it being true.
:iagree:

Posted: Mon Aug 20, 2007 10:37 pm
by Venus Pax
I also agree with srothstein.

Either way, you end up looking like a reasonable individual, and the situation is likely to be corrected.

Posted: Mon Aug 20, 2007 10:45 pm
by AFJailor
Sounds like you ran into someone whos probably new to his job and didnt know what he was talking about...but instead of asking questions and risk looking foolish he decided to just go ahead and pretend he knew what he was doing. I seriously doubt he STOLE your ammo, but i would probably contact the department and ask some questions

Posted: Tue Aug 21, 2007 5:55 am
by Liberty
txinvestigator wrote:
seamusTX wrote:
txinvestigator wrote:Its quite a jump to assume he stole them.
I agree. It may be department policy.

But do you agree that, if this account is accurate, a citizen was dispossessed of his property for no legitimate reason?

- Jim
Someone has been reading specific statutes (dispossesed). lol

To answer your question; probably. Since there was nothing illegal about the bullets I can't see why they were not returned. That is why I suggested a visit to the Chief's office. ;)
I would be willing to make a bet that the officers in the suspected department have to buy their own bullets. I would also bet the officers use hollow points (therefore knowing that they are legal) I also would bet the ammo isn't in a property or evidence room.

Posted: Tue Aug 21, 2007 6:01 am
by casingpoint
If you can get away from the cops for a $20-$30 penalty, by all means do so.

Posted: Tue Aug 21, 2007 6:59 am
by 5111
I thought that it was standard practice to not return ammunition for any gun that was taken into "custody".

Posted: Tue Aug 21, 2007 7:45 am
by anygunanywhere
5111 wrote:I thought that it was standard practice to not return ammunition for any gun that was taken into "custody".
Why would that be a "standard practice"?

Makes no sense to me.

This should be addressed with the chief and the officer should be informed of what the law actually is. Yelling "Thief!" is not really proper. In every profession there are those who are misinformed and who make mistakes.

Anygun

Posted: Tue Aug 21, 2007 8:34 am
by BadCo45ACP
You might ask your friend if his 23 had been fired. Some LE offices have a policy of running ballistics on any gun taken into custody. It shouldn't take a full magazine to do it but it could be one possibility.

Posted: Tue Aug 21, 2007 8:40 am
by HankB
txinvestigator wrote:
HankB wrote:Sounds like some cop had an "Oh, gee, I can use these" moment.

I'd go back to the police station (or is the department big enought to have an IA office?) and file a formal complaint against the officer for theft. Nothing may come of it, but if enough of these accumulate in his jacket, it they may eventually come back and bite him.

Few things bother me more than crooked LEOs. (And the LEOs I know would agree.)
Its quite a jump to assume he stole them. :roll: And the LEOs I know would agree.

Few things bother me more than people who jump to conclusions.
Hmmm . . . let's see . . . the ammunition was legal, so the officer took legally-owned property that wasn't his. Figuring theft is no jump at all, but a reasonable conclusion, assuming the post is accurate. (A police officer - a trained professional - in Texas knows that HP ammo is legal - unless he's got a double-digit IQ. In which case he shouldn't be a cop at all.)

If the ammo was properly logged into the evidence room, then the owner can, after speaking to the chief, recover it. (Unless department policy calls for theft, in which case there's a bigger problem.)

If the ammo was NOT properly logged into the evidence room, then it IS a case of theft on the part of the officer. And a formal complaint should be filed.

Probably not worth suing over, but again, if enough complaints accumulate in the officer's jacket, they'll come back and bite him sometime.

Posted: Tue Aug 21, 2007 8:49 am
by stevie_d_64
txinvestigator wrote:It may be policy to destroy or not return ammo, I don't know. It sounds like someone who can't explain policy just made something up.

HP ammo is not illegal in Texas. He should go back and nicely ask to see or be referenced to said law, as he wants to be sure to comply. However, I would be asking in the Chief's office.
+1 :thumbsup:

Ask nicely...Whether it is ammunition for a handgun, or an atomic device, if it is legal for you to possess, and its your property, it should be returned, or restitution should be sought...

You only had you property stolen, and when it was recovered should ALL have been returned to you...

Posted: Tue Aug 21, 2007 11:03 am
by txinvestigator
Liberty wrote:
txinvestigator wrote:
seamusTX wrote:
txinvestigator wrote:Its quite a jump to assume he stole them.
I agree. It may be department policy.

But do you agree that, if this account is accurate, a citizen was dispossessed of his property for no legitimate reason?

- Jim
Someone has been reading specific statutes (dispossesed). lol

To answer your question; probably. Since there was nothing illegal about the bullets I can't see why they were not returned. That is why I suggested a visit to the Chief's office. ;)
I would be willing to make a bet that the officers in the suspected department have to buy their own bullets. I would also bet the officers use hollow points (therefore knowing that they are legal) I also would bet the ammo isn't in a property or evidence room.
Thats an awfully big chip you have there. :roll:

Posted: Tue Aug 21, 2007 11:42 am
by Saulnier
Ask for the paper trail.
Maybe the bad guys emptied the gun before it was recovered.
Bad guys are bad you know.

Saulnier