Police confiscated my weapon

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karder
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Re: Police confiscated my weapon

#31

Post by karder »

To the OP, I think that obtaining legal counsel and working through the system is about all you can do at this point. I'm sorry for your troubles but your attorney should be able to get things cleaned up.

I have been riding for most of my life and I have probably known more bikers than non-bikers over the years. Most bikers are really great people but there is a criminal element that can be very dangerous and I feel for law enforcement that has to comb through regular joes embracing the Harley lifestyle and real gang members. Cops do a lot of profiling with bikers.

The group of guys I ride with are of the adventure touring variety and our group consists of about 10 guys between 45-65 riding GS series BMWs, KTMs, a couple of Triumph Tigers and one KLR. Cops don't even give us a second look. Last year we went to a rally in New Mexico and there were a lot of gangs and heavy police presence. The police were closely watching the guys with gang patches. The more stereotypical the biker, the higher the scrutiny it seemed. My group was invisible to them. BTW, when we realized how many bikers there were affiliated with outlaw clubs, we packed up and headed down the road, so I suppose we were guilty of profiling too.
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TBJK
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Re: Police confiscated my weapon

#32

Post by TBJK »

Get your lawyer talking to them. Did the judge completely throw it out? Also if it were locked in your saddle bag, I don't see how that's constitutional with out a warrant to search without your permission. Maybe I'm wrong on that but I'd seen to think that would be an unlawful search, possibly if the guy picking it up couldn't lawfully carry a firearm, but that's even a stretch. I think you should talk to your lawyer about civil litigation.

EEllis
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Re: Police confiscated my weapon

#33

Post by EEllis »

The OP has said nothing about what kind of group he rides with so who knows. I do think that the fact that he hasn't said what kind of group or what his "Cuts" entail says something. Either the club is one that could be problematic or the OP likes to give a that impression, at least in some small way. Without any more info, which the OP could have given and didn't, I'm going to have to think that if you ride around looking for attention you shouldn't complain if you get it.

Richbirdhunter
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Re: Police confiscated my weapon

#34

Post by Richbirdhunter »

I'll bet that he rightfully gets his gun back. The message was sent,you and your kind are not welcome in Fort Worth.

Do I agree with this line of thinking? No I don't, but go where you are welcomed and where they want you to spend your money.

I'll bet you a dollar that if the OP went back to the same place with his wife and kids in the mini van he wouldn't get a second look.

If you want to look like a tough guy you'll get treated like a tough guy.
Disclaimer: Anything I state can not be applied to 100% of all situations. Sometimes it's ok to speak in general terms.

dlh
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Re: Police confiscated my weapon

#35

Post by dlh »

I admit I dont know much about motorcycles and motorcyle clubs/gangs but after the infamous incident here while back and all of the reports coming out of that I was introduced to the world of "bottom rockers" and such---had no idea about any of that.

I have said all of the above without knowing whether the OP had a bottom rocker or not or whether it was even relevant to his stop. Taking someone to jail for failing to signal is "way over the top" in my opinion.

dlh
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Taypo
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Re: Police confiscated my weapon

#36

Post by Taypo »

dlh wrote:I have said all of the above without knowing whether the OP had a bottom rocker or not or whether it was even relevant to his stop. Taking someone to jail for failing to signal is "way over the top" in my opinion.
dlh
I have no knowledge of the OP other than what he's posted, so this isn't necessarily directed at him.

I don't know as its way over the top from a certain perspective. If there's an unwanted element, what better way to get the message across by using the strongest methods you have available to you?
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VoiceofReason
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Re: Police confiscated my weapon

#37

Post by VoiceofReason »

carlson1 wrote:You can be arrested for not using your turn signal. They do not have to write you a ticket.

They only have to ticket for speeding and open container.
You can be arrested for a lot of things. Should you be is another matter.

Unless it is department policy and they arrest everyone for not using a turn signal then this should be a straight path to money.

I suggest you also talk with your attorney about taking your gun to a gunsmith when you get it back, have it cleaned and thoroughly inspected and send the bill to the PD. It is hard to tell what these mouth breathers has done with your gun while it was not in your possession.
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RPBrown
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Re: Police confiscated my weapon

#38

Post by RPBrown »

Bigstew wrote:New user here need some advise,

I along with a few of my motorcycle club brothers have been harassed here lately. I was pulled over by 4 units who claim I didn't use my turn signal. I handed them my license, CHL and told them my weapon is locked in my saddlebag. They immediately began with the full court press of questions about me and my club affiliation and every patch on my vest. I cooperated and remained very polite still not understanding why I got pulled over. They wanted to search my cycle I said "no sir you can't as I did nothing wrong". All my information that they ran came back clean as I have never been arrested in my 42 years and I told them that. They went back and forth on the computer with their seargent who then told them to arrest me for the traffic citation! That gave them cause to mmediately tear into my saddlebags, broke them in the process and found absolutely nothing. I released my bike to my club brother who drove up in his car and I was then hauled off to jail at 10:00 pm where I sat till 6:30 am. After I finally saw the In-house judge she couldn't believe they arrested me on a turn signal ticket and immediately released me ......again I was never ever charged with anything to this day!

Now the detective is refusing to release my weapon stating he now shows me as a known associate to which I am not. I have hired a local Ft,Worth attorney to file the lawsuit and file a formal detailed complaint with internal affairs against all officers involved. Any help or direction would be greatly appreciated.


Ride free
I just went back and re-read your post and have the following comments
(1) Just because they arrested you still does not give them probable cause for a search without a warrant.
(2) You said you hired a Ft. Worth attorney but did not say if this was Ft. Worth PD or some of the outlying towns
(3) IMHO, the judge should have instructed them to release your weapon
(4) As many LEO's that came, it was either a very slow night or there was a problem somewhere that could have included a biker
(5) You also didn't say what club, or if it was a 3 piece patch. You asked our opinion and these would help in giving one
(6) As I stated before, I am a lifelong biker, long time CHL holder, and ride with 3 different groups including the PGR when i have time so I know a little about stereotyping which there are some on this board that do as well but it is human nature to be scared of something you know nothing about
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Stew
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Re: Police confiscated my weapon

#39

Post by Stew »

Gentleman,

I greatly appreciate the responses and advice. I do not ride with a gang it is a traditional small in members mc, we are not a part of any affiliation what so ever in this state. Every biker or biker club is not a gang period point blank. I have been in the fiancé industry for over 20 years, college grad who just enrolled his oldest at Oklahoma University. I understand the recent events that took place will have cause and effect on bikers be it independent or club and I understand the extra precaution on the LE side that I respect. I just didn't agree at all with my incident and how it unfolded especially regarding my legally obtained and registered weapon is all. I'll keep pushing through the legal route and hope for the best.

Thanx again
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n5wd
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Re: Police confiscated my weapon

#40

Post by n5wd »

Bigstew wrote:... I have been in the fiancé industry for over 20 years,...
Just gotta ask... do you rent them out, or is it cash-and-carry only? :thumbs2:
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Javier730
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Re: Police confiscated my weapon

#41

Post by Javier730 »

n5wd wrote:
Bigstew wrote:... I have been in the fiancé industry for over 20 years,...
Just gotta ask... do you rent them out, or is it cash-and-carry only? :thumbs2:
How about trade-ins? I'm looking for a newer model. "rlol"
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Javier730
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Re: Police confiscated my weapon

#42

Post by Javier730 »

RPBrown wrote:I just went back and re-read your post and have the following comments
(1) Just because they arrested you still does not give them probable cause for a search without a warrant.
Once your under arrest, they can search. That is why they arrested for the traffic violation, to legally be able to search without his consent.
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bmwrdr
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Re: Police confiscated my weapon

#43

Post by bmwrdr »

Javier730 wrote:
n5wd wrote:
Bigstew wrote:... I have been in the fiancé industry for over 20 years,...
Just gotta ask... do you rent them out, or is it cash-and-carry only? :thumbs2:
How about trade-ins? I'm looking for a newer model. "rlol"
What about a 54 for a 25 and a 29?
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jimlongley
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Re: Police confiscated my weapon

#44

Post by jimlongley »

steveincowtown wrote:Some of the nicest folks I have I have encountered have been bikers. Now sailors, they are just a bunch of Sperry wearing drunks. :biggrinjester:

To the OP, sounds like you are on the right track. Whether based on what you are riding, your skin color, your age, the fact that you are an out of towner in a small town, or any other factors, being discriminated against is never fun.
Easy with that stuff, I am a sailor, and am at my 31st ship's reunion, so I could put together a pretty good (if somewhat old, at going on 70 I am one of the youngest) gang. But not one of us wear Sperry.
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mojo84
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Re: Police confiscated my weapon

#45

Post by mojo84 »

Let us know how it turns out.
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