Police found stolen pistol

Discussion in 'Legal and Activism' started by clip11, May 15, 2010.

  1. clip11

    clip11 New Member

    178
    0
    0
    and now the detective doesnt want to give it back. It was stolen in Detroit and found in Lathrup Village a suburb of Detroit. I went to meet the detective yesterday and it wasnt what he said as to how he said it. "I'm not going to give you back this gun!" Me: Why not, I have the registration in my car, I can get it if you want." "No, im sending it to the State Police for testing." Me: "How long will that be?" "Could be about a year who knows."

    The tone of his voice was such that he didnt want me to have it. If I am given the run around or if the weapon just mysteriously vanishes into thin air, what should my next step be?
     
  2. .22hustler

    .22hustler New Member

    213
    0
    0

  3. Dzscubie

    Dzscubie New Member

    2,508
    0
    0

    Could you give us a little more information? Was the weapon stolen from you, your house, your car? Did you make a police report? Was the weapon recovered while being used in a crime, if it was having it tested by a lab to see if it was used in other crimes (like homicide, armed robbery where it was fired and a slug recovered, etc.) is pretty normal procedure also it may have to be kept as evidence for trial if it was used in a crime. Did the police contact you on the recovery and did you get a copy of the report? The police have a chain of custody that is suppose to track evidence to prevent it from just disappearing. Call the detective again and ask why it is being sent to be tested and if you get the run around ask to speak to his supervisor. Don’t be aggressive, be polite but don’t be put off, that is your property that was recovered and should be returned to you as early as possible.
     
  4. Agent_H

    Agent_H New Member

    266
    0
    0
    Had a rifle stolen from my garage over Christmas with the doors open about 3 feet to air out as I was lacquering some woodwork.

    The police called a month later saying they had found it and I should come pick it up. No questions asked but I had filed a report with serial and a picture.

    This was in a very small town. Would that make a difference? (very pro gun community on whole). Pistol as opposed to rifle?

    Hope you get your gun back man.
     
  5. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

    11,380
    2
    0
    Many agencies send such firearms to the ballistics labs. It is not unusual for this process to take several months to a year or more depending on the backlog.

    If they "lose" the gun, they will be respopnsible for compensation. If you want to prevent such a "loss" here is a thought... Send a demand letter to the Chief of Police and City Manager. Describe the property you are demanding (the gun) in detail (serial number). Give them 10 days to release the item to you or you will take legal action. Even if they respond that the gun must undergo ballistic testing, they are on notice that you are going to be a problem if they do not excercise due dilligence.
     
  6. Shihan

    Shihan Active Member Lifetime Supporter

    8,590
    2
    38
    ^Will you look what time it is?:D
     
  7. clip11

    clip11 New Member

    178
    0
    0
    It was stolen from my car, I did make a police report. No it was not recovered from a crime.
     
  8. clip11

    clip11 New Member

    178
    0
    0
    Hmmm....i didnt think of this. I certainly will.
     
  9. robocop10mm

    robocop10mm Lifetime Supporting Member Lifetime Supporter

    11,380
    2
    0
    I was going out of town for the day and would not have access til the next day. Come on man...I had to kill a thread before the road trip, just had to.
     
  10. Dzscubie

    Dzscubie New Member

    2,508
    0
    0

    Then unless the Detective has probable cause to send your weapon to the lab I don’t see how he can keep from returning your stolen property. If you have his name I would not go back to him and would do exactly what Robo suggested and send a certified letter to the Chief of Police and the City Manager advising them if they did not return your property you would take legal action. This is advise from two officers one state and local and one Fed.
     
  11. c3shooter

    c3shooter Administrator Staff Member

    21,455
    596
    113
    +1 from a former statie here. Send letter, tell chief that you have been advised that firearm has been recovered, but that it has not been returned to you despite your request. Simply state that you wish to have Smython revolver, serial number 1234 returned to you at this time- or to be advised WHY your property is being unlawfully held by HIS DEPARTMENT.

    If the people your gun was recovered from are under investigation for other crimes, yes, the crime lab may want a fired casing/bullet to do a matchup- but putting the CLEO on notice increases the care that somebody will take to see that i's get dotted.

    Ran across a detective a few years back that made the statement that if it was up to him, NO "civilian" would have any firearm. Smiled, told him that it was fortunate that neither he nor I got everything we wished for, since I wished that public servants that acted like fools would be fired. Took him a minute to sort that one out.
     
  12. .22hustler

    .22hustler New Member

    213
    0
    0
    You sound like a trooper,( former), who has a great sense of decency and fair play about him. Both my grandpas' were LEO, one a city cop, and the other a PA trooper. Hats off to you, sir, and thank you for your public service.. It's/was appreciated...