Illegal confiscation of hunting weapons?

[char971]

What is the name of your state? Maryland

Hello. I was arrested for disorderly conduct in October of 2005. I went to Court in December of 2005 and received a PBJ with 1 year probation. What happened was my husband and I got home after the bar around 10I pm and we had an argument outside. My husband left & went to a friends house to cool down. In the meantime, a neighbor called the police because of the arguing (no assault, etc., occurred, only arguing). When the police arrived, I was in my home & watching TV. When they knocked, I opened the front door, and the police office then opened the screen door. This let one of my three dogs out of the house. I yelled at him for letting my dog out, came out side, shut the door behind me & tried to catch my dog, to no avail. The officer started yelling back at me asking me what was going on & why I was trying to chase my dog. I told him I didn't know why he was there but I would be very upset if my dog got hit by a car. He told me to calm down or he would arrest me for disturning the peace. I was drunk, didn't listen & also resisted arrest. After he wrestled me to the ground (I'm 5' 5" @ 135 lbs) he peppered sprayed me & put handcuffs on me. I was then transported to the hospital because of the pepper spray, taken to the station, booked for disorderly & resisting, and let out on my own recog the next morning.

After reviewing my charging papers, it states my 12 gauge & 243 were confiscated as evidence. I spoke with my neighbor and he said after I had left, officers went into my house (with no one home) and took my guns. The neighbor said he asked them why they were taking them and they said because they were afraid my husband would come home & get upset.

I called to find out how to get my guns back & was told that I had to go to Court first. After I went to Court, they said I had to call the evidence department & request my guns. I did this & was told that the arresting officer had to sign a release for me to get my guns back. I sent him a letter, in writing, via fax, on May 8, 2006, requesting my guns, or information on how, when, if I could get them back. Its been almost 4 months since I physically sent the request & I have not heard anything. I also called in January & left the officer a message to call me so I could find out how to get them back, with no return phone call. I sent another fax to the Captain of the precinct today with a copy of the letter letting him know that I have requested information on getting my guns back with no return responses.

No where else in the arrest report was my guns mentioned, nor did I threaten anyone with them, except that they were "confiscated as evidence." They just came in my house after I was taken into custody & my guns confiscated. I want to know why they were "confiscated as evidence??" Evidence of what???

I'm tired of cops thinking they can just do whatever they feel because they are cops. I feel they breached mine & my husbands contitutional rights by entering my home without permission, without anyone there & taking evidence that had nothing to do with anything.

Someone please let me know if I should keep on the cops, or if I should contact an attorney. I paid over $1000 for these guns combined & would like to get them back.

Thank you.

Charlene Wainright
[email protected]What is the name of your state?

 

[seniorjudge]

When they knocked, I opened the front door, and the police office then opened the screen door. This let one of my three dogs out of the house. I yelled at him for letting my dog out, came out side, shut the door behind me & tried to catch my dog, to no avail. The officer started yelling back at me asking me what was going on & why I was trying to chase my dog. I told him I didn't know why he was there but I would be very upset if my dog got hit by a car.


You need to start watching The Dog Whisperer on NGEO.

Other than that, it sounds like you've done everything you can.

 

[char971]

I want to know whether the officers illegally entered my property & took my weapons, under the circumstances. I have never been convicted of a felony and am allowed by law to own hunting weapons.

 

[CdwJava]

He told me to calm down or he would arrest me for disturning the peace. I was drunk, didn't listen & also resisted arrest.

Alcohol and attitude - never a good combination when talking to the police who are trying to sort out what is going on.

After reviewing my charging papers, it states my 12 gauge & 243 were confiscated as evidence. I spoke with my neighbor and he said after I had left, officers went into my house (with no one home) and took my guns. The neighbor said he asked them why they were taking them and they said because they were afraid my husband would come home & get upset.

In most states it is mandatory to seize firearms at the scene of a domestic violence incident. And since that was what they were there for, it seems prudent that they would seize them. But, since you weren't too cooperative about the DV, I imagine, I am surprised they went ahead with the seizure since you did not apparently let them inside.

I sent another fax to the Captain of the precinct today with a copy of the letter letting him know that I have requested information on getting my guns back with no return responses.

Have you thought to actually go down to the department and speak in person to someone?

It may also benefit you to solicit the aid of an attorney in getting the firearms back.

No where else in the arrest report was my guns mentioned, nor did I threaten anyone with them, except that they were "confiscated as evidence." They just came in my house after I was taken into custody & my guns confiscated. I want to know why they were "confiscated as evidence??" Evidence of what???

Not knowing MD law on the matter, I can't say whether they had authority to seize the firearms. But, as previously mentioned, many states require firearms to be seized at the scene of a DV. My question here is their justification for the entry in order to seize the firearms. To me, it seems iffy if you were arrested outside and the husband was not at home. But, I was not there so there may be some circumstance that allowed this.

I feel they breached mine & my husbands contitutional rights by entering my home without permission, without anyone there & taking evidence that had nothing to do with anything.

What you "feel" is irrelevent. Talk to an attorney and see if something WAS done improperly.

Someone please let me know if I should keep on the cops, or if I should contact an attorney. I paid over $1000 for these guns combined & would like to get them back.

Well, an attorney will likely cost you at least that much. But, if the attorney looks at the case and finds that the entry and the seizure were somehow unlawful, he may be able to squeeze his fees out of the department.

Talk to an attorney.

- Carl

 

[char971]

It wasn't a call on DM. It was a call of "loud noise" from the neighbor. That's already been verified.

 

[CdwJava]

It wasn't a call on DM. It was a call of "loud noise" from the neighbor. That's already been verified.

I don't know what it's called in your state, but in mine even a verbal argument between a husband and wife is a domestic-violence incident. However, firearms here are generally only confiscated when a physical confrontation or threats has occurred. Whether the officers were told by you or the neighbor about any violence or threats is something that should be in the report.

- Carl