TexasCHLforum.com

txinvestigator wrote: If there is doubt as to the weapon used, or concern that evidence might go "missing" the police can seize potential evidence.

Can they seize it from the unwilling without a warrent?

txinvestigator wrote:Only that pesky old 4th and 5th amendment and the Texas Constitution and Code of Criminal Procedure.

The 4th Amendment prevent illegally obtained evidence from being used in a trial. It doesn't stop the seizure in the first place.

txinvestigator wrote:If there is doubt as to the weapon used, or concern that evidence might go "missing" the police can seize potential evidence.

I can think of no circumstance where they would be justified in seizing all of your weapons in a self-defense shooting, minus other serious violations like you being a felon, having illegal weapons etc.

I would be interested of proof of such occurring.

The police took James Walton's weapon twice.

When you have a burglar dead from a shotgun wound and a homeowner who called 911 to report the shooting, I don't see the need to confiscate the shotgun.

Here's one example I could find: http://www.jpfo.org/alert20040901.htm. I've read about other cases over the years. I don't have them available now.

- Jim

seamusTX wrote:

txinvestigator wrote:Only that pesky old 4th and 5th amendment and the Texas Constitution and Code of Criminal Procedure.

The 4th Amendment prevent illegally obtained evidence from being used in a trial. It doesn't stop the seizure in the first place.

Jim, it technical terms none of the ammendments do ANYTHING. But they do make unreasonable seizures unconstitutional, and LEOs who violate the bill of rights without good faith can and have been punished under Federal and State civil rights laws.

txinvestigator wrote:If there is doubt as to the weapon used, or concern that evidence might go "missing" the police can seize potential evidence.

I can think of no circumstance where they would be justified in seizing all of your weapons in a self-defense shooting, minus other serious violations like you being a felon, having illegal weapons etc.

I would be interested of proof of such occurring.

The police took James Walton's weapon twice.

So? Did they search his house and seize all of his weapons? Is it not clear that is what I made the statement about?

When you have a burglar dead from a shotgun wound and a homeowner who called 911 to report the shooting, I don't see the need to confiscate the shotgun.

It was not confiscated, it was seized as evidence, and it is proper and legal AND I belive necessary. Defendants can and have recanted their stories after desposing of evidence.

Here's one example I could find: http://www.jpfo.org/alert20040901.htm. I've read about other cases over the years. I don't have them available now.

- Jim

Well, that is clear and unbiased. Besides, Jim, I was referring to JUSTIFIED seizures, and even wrote so.

Are LEOs required to give a receipt for a weapon taken as evidence? What would be good to look for, if so, on a receipt. Serial number, make, model, modifications that are apparent, etc. ? Do they differ or are they required to use a certain state form.

I think it would be nice to know, in advance, so we could make sure they can "find" the gun and that they haven't been stripped of a costly add-on if the wrong LEO or agency gets their hands on it. Without a receipt of some kind detailing expensive mods then what would stop a bad cop from taking the part? That isn't bashing just acknowledgement that a small few do exist.

Thanks for the question. It got me thinking.

shootthesheet wrote:Are LEOs required to give a receipt for a weapon taken as evidence? What would be good to look for, if so, on a receipt. Serial number, make, model, modifications that are apparent, etc. ? Do they differ or are they required to use a certain state form.

I think it would be nice to know, in advance, so we could make sure they can "find" the gun and that they haven't been stripped of a costly add-on if the wrong LEO or agency gets their hands on it. Without a receipt of some kind detailing expensive mods then what would stop a bad cop from taking the part? That isn't bashing just acknowledgement that a small few do exist.

Thanks for the question. It got me thinking.

That is why a complete inventory with modifications listed on the inventory is good to keep updated with all your guns.
I use a free software named Gunsafe that is very basic but has all the information covered.
http://somanyroads.org/gunsafe/

shootthesheet wrote:Are LEOs required to give a receipt for a weapon taken as evidence? .

No

Thank you.

Do they need a warrant? Can the police just take anything they want? without any accountability? What is there accountabilty?