Can a cop take my property?

Discussion in 'Legal and Activism' started by tCan, Dec 4, 2011.

  1. tCan

    tCan Active Member

    1,174
    0
    36
    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.
     
    Last edited: Dec 5, 2011
  2. jordan89

    jordan89 New Member

    1,248
    0
    0
    Did the officer return it?
     

  3. Jpyle

    Jpyle New Member

    4,828
    0
    0
    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.
     
  4. tCan

    tCan Active Member

    1,174
    0
    36
    Well, he gave it back, and we were talking in the parking lot.
     
  5. spittinfire

    spittinfire New Member Supporter

    9,663
    4
    0
    Why did he take in the first place?
     
  6. Jpyle

    Jpyle New Member

    4,828
    0
    0
    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.
     
  7. jordan89

    jordan89 New Member

    1,248
    0
    0
    Agreed. He probably didn't need to get pissy but he was just doing what he was trained to do.
     
  8. AZL

    AZL New Member

    298
    0
    0
    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.
     
  9. trip286

    trip286 New Member

    18,658
    1
    0
    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.
     
  10. tCan

    tCan Active Member

    1,174
    0
    36
    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.

    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.

    simply because I had it. It stayed in it's sheath and my hand was never near it.
     
    Last edited: Dec 4, 2011
  11. tCan

    tCan Active Member

    1,174
    0
    36
    He 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.

    If he does it again, I'm pulling my knife.
     
    Last edited: Dec 5, 2011
  12. trip286

    trip286 New Member

    18,658
    1
    0
    I'm confused, just what is a Terry stop? Is this a blue slang term I haven't come across, or is that "traffic" that has been autocorrected by a belligerent iphone?
     
  13. jordan89

    jordan89 New Member

    1,248
    0
    0
    Wow. Sounds like you need a new roommate. Can either of you find a new place to stay?
     
  14. jordan89

    jordan89 New Member

    1,248
    0
    0
    http://en.m.wikipedia.org/wiki/Terry_stop
     
  15. trip286

    trip286 New Member

    18,658
    1
    0
    I don't agree with it, but with the circumstances I think I would have taken it off of you too. Just because of the general situation.
     
  16. trip286

    trip286 New Member

    18,658
    1
    0
    Thanks jordan, good to know. I never knew it had an actual name.
     
  17. Jpyle

    Jpyle New Member

    4,828
    0
    0
    Well you asked for opinions then you keep adding other elements...if this is a moving target type discussion then how are we supposed to respond? Your 1st post, 2nd post and 3rd post all portray the situation differently. :confused:
     
  18. tCan

    tCan Active Member

    1,174
    0
    36
    That's all there is to know. Most people don't call the cops on their roommate without good reason. I thought that was a given...
     
  19. tellmaster207

    tellmaster207 New Member

    524
    0
    0
    A Terry stop is when you are found guilty of nothing, as a last resort an officer of the law can search you for anything that can be considered a weapon.

    So let's say you have fingernail clippers. That would give them probable cause to search your house. Been around for a long,long,long time.

    Sent from my iPhone using FirearmsTalk
     
  20. jordan89

    jordan89 New Member

    1,248
    0
    0
    I might be wrong but I believe they would still need a warrant to search your house.