Deceased brother's pistol confiscated by police

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  • Rating - 100%
    21   0   0
    Dec 24, 2008
    1,198
    48
    Way up North
    My neighbor died last summer, I knew him pretty well and knew that he kept a glock 22 in his mini-van.
    He died of a heart attack, but at first the cause was unknown. An officer came over and asked me some questions, a question came up and I let the officer know that he usually kept it in his vehicle. The mans father was on the scene by this time. The officer went over said something to his father, then got in the van, cleared the pistol and handed it immediatly over to the deceased mans father who put it in his own vehicle....
    I don't know if what happened with you was standard or not, this is just how I saw it done.
    Sorry for your loss.
     

    Fullmag

    Master
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    15   0   0
    Sep 4, 2011
    1,956
    74
    Sorry for your loss. Not sure what to do, have dealt a little with probate. I'm thinking once next of kin is established it will be okay.
     

    Kutnupe14

    Troll Emeritus
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    0   0   0
    Jan 13, 2011
    40,294
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    Firstly, sorry for your loss OP

    My neighbor died last summer, I knew him pretty well and knew that he kept a glock 22 in his mini-van.
    He died of a heart attack, but at first the cause was unknown. An officer came over and asked me some questions, a question came up and I let the officer know that he usually kept it in his vehicle. The mans father was on the scene by this time. The officer went over said something to his father, then got in the van, cleared the pistol and handed it immediatly over to the deceased mans father who put it in his own vehicle....
    I don't know if what happened with you was standard or not, this is just how I saw it done.
    Sorry for your loss.

    You hint at the reasoning that why the OP's brother's firearm was taken, but I'll flat out spell it out. The immediate area where a person is found deceased, is initially considered a crime scene. In all the other cases of deaths people have relayed within this thread, their weapons had been stored or placed elsewhere. In the OP's brother's instance, a gun was found on the nightstand next to the bed. Any sane PD isnt going to let that think walk off, until clarification of cause of death has been made (and you cant do that in 20 minutes).
     

    Kutnupe14

    Troll Emeritus
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    0   0   0
    Jan 13, 2011
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    I am really not trying to be a butt I just really don't understand when a GUN :nailbite: makes such a big hairy difference.

    Not sure if srs?

    A gun found immediately next to a deceased person doesn't garner anymore interest in your mind than say a piece of art or gold watch? :n00b:
     

    Hornett

    Master
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    15   0   0
    Sep 7, 2009
    2,580
    84
    Bedford, Indiana
    Well, unless he has a gunshot wound, then no, it doesn't.
    Did the gun find a way to strangle him in his sleep and now it has to be held for questioning? :)
    Wait wait I know. An assassin gave him heart attack drops and forgot to take his gun when he slipped out the window. Now they are going to get the assassins prints from the wayward gun.
    :D

    Purple because I don't really mean to offend, I just don't get it.
    I'm sorry I really don't see the big deal.
    Except for the misconception that it is a SCARY EVIIIILLL GUN.

    You tell me.
    What could that gun possibly add to the investigation that would not apply to a table lamp?

    Edit to the OP:
    I am sorry for your loss...
     

    .40caltrucker

    Expert
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    0   0   0
    Nov 5, 2010
    796
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    Firstly, sorry for your loss OP



    You hint at the reasoning that why the OP's brother's firearm was taken, but I'll flat out spell it out. The immediate area where a person is found deceased, is initially considered a crime scene. In all the other cases of deaths people have relayed within this thread, their weapons had been stored or placed elsewhere. In the OP's brother's instance, a gun was found on the nightstand next to the bed. Any sane PD isnt going to let that think walk off, until clarification of cause of death has been made (and you cant do that in 20 minutes).

    Exactly, in the OP he says his brother was found dead. Since police aren't medical examiners they can't determine if it was natural, or foul play. Until a medical examiner examines the body the police have to initially assume foul play. For all they knew he could have been smothered and the robber was in a hurry and forgot his gun.

    If anyone can tell us how a non medically trained person can tell if someone was smothered/drugged vs natural causes, I'll gladly retract my statement.


    To op were you there at the time they found him or before they removed him from his apartment?



    http://billingsgazette.com/news/loc...f9-ab82-9282b0135373.html?oCampaign=hottopics

    http://www.kare11.com/rss/article/949096/14/Burglars-using-obituaries-to-target-victims-in-Waseca-Co

    http://www.snopes.com/crime/intent/adthief.asp

    The police definitely had a proper reason to secure the gun if you weren't there.
     
    Last edited:

    sloughfoot

    Grandmaster
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    26   0   0
    Apr 17, 2008
    7,155
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    Huntertown, IN
    I am sorry for your loss. Many times weapons that might be part of the deceased becoming deceased, are taken into custody until the Coroner has made his ruling on cause of death.

    You should have no problem getting the gun back if it was, indeed, a death from natural causes.

    The Police don't want to keep his gun, they are just trying to get it all right.

    The word, "confiscated" is inflammatory and not correct.
     

    Tin Cup

    Marksman
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    2   0   0
    Feb 14, 2009
    265
    16
    Michiana
    We just had something similar happen. Found a gun in the residence and took possession of it
    Family came and got it no big deal. Its for safe keeping. They dont take gold, sissors, watches, etc because no one is going to use those items to hurt someone if it falls into the wrong hands. Just call the PD and ask how/when you can come and get the firearm.
     

    Kutnupe14

    Troll Emeritus
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    0   0   0
    Jan 13, 2011
    40,294
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    Well, unless he has a gunshot wound, then no, it doesn't.
    Did the gun find a way to strangle him in his sleep and now it has to be held for questioning? :)
    Wait wait I know. An assassin gave him heart attack drops and forgot to take his gun when he slipped out the window. Now they are going to get the assassins prints from the wayward gun.
    :D

    Purple because I don't really mean to offend, I just don't get it.
    I'm sorry I really don't see the big deal.
    Except for the misconception that it is a SCARY EVIIIILLL GUN.

    You tell me.
    What could that gun possibly add to the investigation that would not apply to a table lamp?

    Edit to the OP:
    I am sorry for your loss...

    Any number of things, im not going to illustrate examples due to how insensitive they may appear, with a grieving OP. PM me, and I'll give you several examples.
     

    Deet

    Shooter
    Rating - 100%
    15   0   0
    Aug 21, 2009
    558
    18
    NWI
    Sorry for your loss. I am also disturbed by the ease to which anyone can enter into a crime scene and just start stealing stuff. If it is a crime scene then secure the area take pictures of the room and such and list all the items taken for the investigation. If anyone removes personnal items from a crime scene and doesn't provide documentation of what they are taking, then I would treat their actions as stealing. I am sure department regulations were broken in this case. Secure the crime scene, which means don't disturb the victim or the surrounding area, call for a detective , coroner, crime scene investigator and the chief etc, don't put your crubby paws all over the place, especially on a gun which may have been used in a crime. I have zero formal training in securing a crime scene, but even a rookie knows better than to tamper with any and all evidence at a crime scene.
     

    Kutnupe14

    Troll Emeritus
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    0   0   0
    Jan 13, 2011
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    Sorry for your loss. I am also disturbed by the ease to which anyone can enter into a crime scene and just start stealing stuff. If it is a crime scene then secure the area take pictures of the room and such and list all the items taken for the investigation. If anyone removes personnal items from a crime scene and doesn't provide documentation of what they are taking, then I would treat their actions as stealing. I am sure department regulations were broken in this case. Secure the crime scene, which means don't disturb the victim or the surrounding area, call for a detective , coroner, crime scene investigator and the chief etc, don't put your crubby paws all over the place, especially on a gun which may have been used in a crime. I have zero formal training in securing a crime scene, but even a rookie knows better than to tamper with any and all evidence at a crime scene.

    That's exactly how things are done, minus the Chief (at least in the Golden Ghetto). There are a lot of assumptions being made about how this situation was handled.
    The OP stated his brother lived alone. I don't need to tell you, that there despicable people that read obituaries looking for homes to loot (seen it happen). Leaving a firearm in an unoccupied residence isn't the wisest thing in the world to do.
     
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