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-   -   Can a cop take my property? (http://www.firearmstalk.com/forums/f97/can-cop-take-my-property-53018/)

tCan 12-05-2011 02:45 AM

Can a cop relieve me of my property?
 
So I had to call the police on my roommate, and when I was talking with the officers, they spotted that I was carrying a knife and took it off me. Now I know that they can do that during a Terry stop. But I'm not sure they can for normal calls. Which way is it?

I didn't mind it so much (except that he got pissy with me), but I just want to know.

Edit for newcomers:

I called the police via their non-emergency phone number. We met and spoke in the parking lot. My roommate was not present. He drove away several minutes after I made the call, not knowing that I had called the police (he had drunk a bottle of wine, so I gave them the plates).

My roommate pushed me against the wall/hot stove, had his hands around my throat and the words "I'll kill you" came out of his mouth. All the while he had a grin on his face. The man is not stable. This is the second time he's threatened a persons life in an agitated state of mind. All I did to him was warn him to stay out of my space, under penalty of a shove back out of my way. He has the habit of getting in my way and expecting me to move. I know that he does it on purpose.

jordan89 12-05-2011 02:47 AM

Did the officer return it?

Jpyle 12-05-2011 02:48 AM

Quote:

Originally Posted by tCan (Post 643645)
So I had to call the police on my roommate, and when I was talking with the officers, they spotted that I was carrying a knife and took it off me. Now I know that they can do that during a Terry stop. But I'm not sure they can for normal calls. Which way is it?

I didn't mind it so much (except that he got pissy with me), but I just want to know.

He took a knife from you while you were in your home? Unless it was used in a crime and was taken as evidence...you have been robbed.

tCan 12-05-2011 02:51 AM

Quote:

Originally Posted by Jpyle (Post 643652)
He took a knife from you while you were in your home? Unless it was used in a crime and was taken as evidence...you have been robbed.

Well, he gave it back, and we were talking in the parking lot.

spittinfire 12-05-2011 02:54 AM

Why did he take in the first place?

Jpyle 12-05-2011 03:02 AM

Quote:

Originally Posted by tCan (Post 643656)
Well, he gave it back, and we were talking in the parking lot.

Well in that case no harm, no foul, I guess. The guy is entitled to secure the scene and ensure his own personal safety...he may have overreacted a bit but if I were in his shoes I might have done the same thing. In that job you are trained to anticipate the unexpected...being in close proximity to an armed stranger about whom he knew zilch may have made him overly cautious.

jordan89 12-05-2011 03:05 AM

Quote:

Originally Posted by Jpyle

Well in that case no harm, no foul, I guess. The guy is entitled to secure the scene and ensure his own personal safety...he may have overreacted a bit but if I were in his shoes I might have done the same thing. In that job you are trained to anticipate the unexpected...being in close proximity to an armed stranger about whom he knew zilch may have made him overly cautious.

Agreed. He probably didn't need to get pissy but he was just doing what he was trained to do.

AZL 12-05-2011 03:07 AM

Under the blanket of "officer safety" yes...he can take your knife.

A knife IS a deadly weapon if so employed.

Absent probable cause, he couldn't take and keep (confiscate) the knife, as you had not commited a crime, or presented a clear and present danger to yourself or others.

Roomie~vs~roomie calls are just as bad as domestic calls for officers. So, it was reasonable in the officer's mind at the moment to take it and have one less thing to worry about.

trip286 12-05-2011 03:10 AM

I think it's crap, but there's nothing you'll be able to do about it, especially since he gave it back.

You also didn't tell us why you had to call the cops. If you two had been fighting and tempers were up, he probably felt well justified in taking it off of you for the moment, and even though I think it's crap, I'd have probably done the same thing if that were the case.

tCan 12-05-2011 03:12 AM

Quote:

Originally Posted by jordan89 (Post 643674)
Agreed. He probably didn't need to get pissy but he was just doing what he was trained to do.

Right but there is difference between a Terry stop and this type of call. I called him. He does know that I wanted their help.

Quote:

Originally Posted by Jpyle
Well in that case no harm, no foul, I guess. The guy is entitled to secure the scene and ensure his own personal safety...he may have overreacted a bit but if I were in his shoes I might have done the same thing. In that job you are trained to anticipate the unexpected...being in close proximity to an armed stranger about whom he knew zilch may have made him overly cautious.

As far as his right to 'secure the area', that doesn't hold any water with me. Following that idea, I would be able to relieve any person of their weapon in a public space who made me uncomfortable. My call to the police was via their non-emergency number. Under your premise, if I walked up to the police and started talking I would have to give them my gun/knife/other weapon.

Quote:

Originally Posted by spittnfire
Why did he take in the first place?

simply because I had it. It stayed in it's sheath and my hand was never near it.


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