IMPD being sued for improper seizure of firearms

[Loco179]

Here is the story

Indianapolis IMPD guns lawsuit: Former IMPD officer files suit against department, two ranking officers - fox59.com


The officer told the guy "sue me".... I guess he is going to do that. Hopefully it stops IMPDs war on guns.

 

[mrjarrell]

Good! Here's hoping that he takes them to the cleaners.

 

[Bunnykid68]

Cop on Cop. Interesting.

 

[rgrimm01]

Is not "responding to a domestic disturbance" problematic to his case?

 

[phylodog]

IC 35-33-1-1.5
Crime involving domestic or family violence; duties of law enforcement officers; confiscation of firearm, ammunition, or deadly weapon
Sec. 1.5. (a) A law enforcement officer responding to the scene of an alleged crime involving domestic or family violence shall use all reasonable means to prevent further violence, including the following:
(1) Transporting or obtaining transportation for the alleged victim and each child to a designated safe place to meet with a domestic violence counselor, local family member, or friend.
(2) Assisting the alleged victim in removing toiletries, medication, and necessary clothing.
(3) Giving the alleged victim immediate and written notice of the rights under IC 35-40.
(b) A law enforcement officer may confiscate and remove a firearm, ammunition, or a deadly weapon from the scene if the law enforcement officer has:
(1) probable cause to believe that a crime involving domestic or family violence has occurred;
(2) a reasonable belief that the firearm, ammunition, or deadly weapon:
(A) exposes the victim to an immediate risk of serious bodily injury; or
(B) was an instrumentality of the crime involving domestic or family violence; and
(3) observed the firearm, ammunition, or deadly weapon at the scene during the response.
(c) If a firearm, ammunition, or a deadly weapon is removed from the scene under subsection (b), the law enforcement officer shall provide for the safe storage of the firearm, ammunition, or deadly weapon during the pendency of a proceeding related to the alleged act of domestic or family violence.

 

[youngda9]

The officer must have "(3) observed the firearm, ammunition, or deadly weapon at the scene during the response."

Did the guy have 9 firearms laying around...or were they taken from his safe? I would bet the latter in which case the guy should win.

 

[TheRude1]

Gonna keep an eye on this

Lesson ? Dont have domestic disputes !
If it is that bad just walk away, or in this case X-wife=get the hell out of my house would have been a good start

And I have an x and I havent seen her in 22 yrs, its not that hard

 

[Ted]

The officer must have "(3) observed the firearm, ammunition, or deadly weapon at the scene during the response."

Did the guy have 9 firearms laying around...or were they taken from his safe? I would bet the latter in which case the guy should win.

There is more than one variable in that statute.

........if the law enforcement officer has:
a reasonable belief that the firearm, ammunition, or deadly weapon:
(A) exposes the victim to an immediate risk of serious bodily injury;

 

[TaunTaun]

Hmmm, if I were an officer...

Nearest payphone or clone a cell phone...

Anonymous tip of Child Abuse, Domestic violence at 123 Mockingbird Lane.

Bring un-certified K9 unit along with SWAT. Toss in some flashbangs, point own gun at small children.

Confiscate firearms and arrest them all for unregistered ammo (oops, that's DC, my bad).

Apologize for attack, keep firearms and ammo for range practice for the next several months. Be sure to etch my initials into firearms in visible places.

 

[jayhawk]

The officer must have "(3) observed the firearm, ammunition, or deadly weapon at the scene during the response."

Did the guy have 9 firearms laying around...or were they taken from his safe? I would bet the latter in which case the guy should win.

You added "must have", which is not written in the law. Cases 1 or 2 may apply, and only one of the three are required for a weapon to be confiscated.

 

[VikingWarlord]

You added "must have", which is not written in the law. Cases 1 or 2 may apply, and only one of the three are required for a weapon to be confiscated.

I don't think he meant "must have" as in it's a requirement. More an explanation that the third was the most likely condition.

 

[vitamink]

He's probably NOT making it up. As we all know the news only reports the truth and is diligent in reporting both sides. Someone should be fired over this and they should give him 1 million from their pensions... By the way i hear after 6 long dedicated years on the job he realized he had too much integrity to stay. I'm wondering which one of the runs to his house this happened on. Maybe it was the "shots fired" run to his house? I doubt it though. Did i mention he quit, which was purely his idea, because he had too much integrity?... the man just can't tell a lie...with all that integrity coursing through his veins.

 

[netsecurity]

Darn, I thought this was gonna be a traffic ticket stop...

 

[Ted]

He's probably NOT making it up. As we all know the news only reports the truth and is diligent in reporting both sides. Someone should be fired over this and they should give him 1 million from their pensions... By the way i hear after 6 long dedicated years on the job he realized he had too much integrity to stay. I'm wondering which one of the runs to his house this happened on. Maybe it was the "shots fired" run to his house? I doubt it though. Did i mention he quit, which was purely his idea, because he had too much integrity?... the man just can't tell a lie...with all that integrity coursing through his veins.

How does one become fired and otherwise penalized for, at least of the surface, following a law regarding their authority?

Do you have any information that is not in the news report?

 

[bwframe]

Seems like not too long ago I posed a question to an officer about IMPD releasing personal firearms from their property room (or impound, or whatever it's called.) I was under the impression, from reading INGO posts, that it was quite a job to get your firearm back and it's never timely.

I'll ask again. What is the procedure to get back your gun(s) from IMPD and how long does it take?

 

[Ted]

Seems like not too long ago I posed a question to an officer about IMPD releasing personal firearms from their property room (or impound, or whatever it's called.) I was under the impression, from reading INGO posts, that it was quite a job to get your firearm back and it's never timely.

I'll ask again. What is the procedure to get back your gun(s) from IMPD and how long does it take?

IMPD: Firearms Releases

Also see: http://www.ciyoudixonlaw.com/firearms-law/returning-firearms-seized-by-law-enforcement-following-disposition-of-a-criminal-case/

 

[bwframe]

IMPD: Firearms Releases

Also see: http://www.ciyoudixonlaw.com/firearms-law/returning-firearms-seized-by-law-enforcement-following-disposition-of-a-criminal-case/

Thanks Ted, you are a wealth of information. Now why do I have to wait two to three weeks? Are these firm numbers or are they longer as I have heard?

Firearms Release
50 N. Alabama St., E100A
Enter via Market Street or Washington Street
Indianapolis, IN 46204
(317) 327-3474
If you have a firearm in the IMPD Property Room and would like to have it released, you must appear in person to Suite E100 of Police Headquarters at 50 North Alabama Street, Indianapolis, IN 46204, phone (317) 327-3430, to start the process for release. The office is open Monday through Friday (excluding holidays) from 8:00 am to 4:00 pm. This process can take two to three weeks depending on the incident.

 

[Roadie]

Thanks Ted, you are a wealth of information. Now why do I have to wait two to three weeks? Are these firm numbers or are they longer as I have heard?

Firearms Release
50 N. Alabama St., E100A
Enter via Market Street or Washington Street
Indianapolis, IN 46204
(317) 327-3474
If you have a firearm in the IMPD Property Room and would like to have it released, you must appear in person to Suite E100 of Police Headquarters at 50 North Alabama Street, Indianapolis, IN 46204, phone (317) 327-3430, to start the process for release. The office is open Monday through Friday (excluding holidays) from 8:00 am to 4:00 pm. This process can take two to three weeks depending on the incident.

Personal accounts posted on INGO suggest it is longer, AND they require you to submit to a fingerprint check.

 

[vitamink]

How does one become fired and otherwise penalized for, at least of the surface, following a law regarding their authority?

Do you have any information that is not in the news report?

I couldn't find a color purple bright enough to convey my sarcasm.

 

[Ted]

I couldn't find a color purple bright enough to convey my sarcasm.

Ah. I apologize for missing that.