Ohio: Another instance of police abuse of power

[mojo84]

Some will just right it off as another "sensationalized" media story. The facts are, he wasn't charged with a crime, it was legal for him to have a gun and the cops haven't returned it in a timely manner.

This kind of behavior must come to an end and the police must stop targeting the law abiding citizens.

http://google.com/producer/s/CBIw8JuA6g0" onclick="window.open(this.href);return false;

[WildBill]

Some will just right it off as another "sensationalized" media story. The facts are, he wasn't charged with a crime, it was legal for him to have a gun and the cops haven't returned it in a timely manner.

This kind of behavior must come to an end and the police must stop targeting the law abiding citizens.

Most people give up because it will cost more in attorney's fees and their time than buying a new gun. IMO this is the same type of behavior that caused Michael Morton to be jailed for 25 years for a crime he didn't commit. Men make mistakes. Real men admit their mistakes, take responsibility and correct them.

[cb1000rider]

It seems that keeping the weapon is legal per City ordinance. That's not an abuse of police power, it's bad local legislation.

The use of alcohol seems to be in dispute, but the city attorney dropped that (after 3 days in the slammer) - punishment already dished out, IMHO.

Kudos to him for spending the tens of thousands that it takes to file and go through a Federal lawsuit... Course, then I have to ask myself why he remained in jail for 3 days if he can afford that type of a lawsuit... Maybe some real money (contingency) is attached?

[WildBill]

It seems that keeping the weapon is legal per City ordinance. That's not an abuse of police power, it's bad local legislation.

The use of alcohol seems to be in dispute, but the city attorney dropped that (after 3 days in the slammer) - punishment already dished out, IMHO.

Kudos to him for spending the tens of thousands that it takes to file and go through a Federal lawsuit... Course, then I have to ask myself why he remained in jail for 3 days if he can afford that type of a lawsuit... Maybe some real money (contingency) is attached?

Some people believe that principle is more important than "real money".

[mojo84]

It seems that keeping the weapon is legal per City ordinance. That's not an abuse of police power, it's bad local legislation.

I'm not going to argue this with you as it gets tiresome. I will say, just because something is legal doesn't make it right. If it's not right, it's an abuse of power. Plus, read the next paragraph. It says the legality of the search of the vehicle is in question. If so, them seizing his gun was not legal and holding on to it for so long darn sure wasn't.

If you want to argue further on this. Have at it. Maybe someone else will come along to play.

[cb1000rider]

I'm not going to argue this with you as it gets tiresome. I will say, just because something is legal doesn't make it right. If it's not right, it's an abuse of power. Plus, read the next paragraph. It says the legality of the search of the vehicle is in question. If so, them seizing his gun was not legal and holding on to it for so long darn sure wasn't.

Mojo, I wasn't disagreeing with you on the subject of right or wrong. If our laws have to directly emulate right or wrong, we've got much bigger problems. I was commenting on the legality of holding on to a firearm, because here in Texas we know that such is specifically disallowed.

I read about the search. Because this is out of state, I really couldn't comment on the legality of that search either. Note, no judgement on right or wrong - just legality. In Texas, if a guy has a firearm or a CHL has a firearm, the law gives LEOs the right to take that firearm away (even it it's not on him). The article indicates that he told officers that he had a firearm and that is what triggered confiscation of the firearm. In Texas, taking that firearm away (temporarily) is legal. I'm not sure if that's the same as a search.. The blaze implies that it was a search, but moving to take away a known firearm isn't the same as searching a vehicle.

The Blaze has a sensational agenda... And I'm more incensed about the charge of being intoxicated - which I think has a real possibility here in this state regardless of any sort of diminished faculties. I think the prosecutor was kind enough to let that slide - and I use the word kind, because in Texas, prosecutors will take cases on LEO observation alone and zero other evidence... And they can win them.

The guy did everything "right".. And the way he was treated was "wrong" - but it appears to be legal due to horrible legislation in that community.

[cb1000rider]

Some people believe that principle is more important than "real money".

I think it is too, but there comes a point when you've got to make smart financial choices for you and your kids... There is a lot of injustice in this world and you've got to pick and choose.

[WildBill]

It seems that keeping the weapon is legal per City ordinance. That's not an abuse of police power, it's bad local legislation.

The law is illegal and the federal court should declare it unconstitutional.

[Jumping Frog]

It seems that keeping the weapon is legal per City ordinance. That's not an abuse of police power, it's bad local legislation.

It isn't legal because Ohio has a strong preemption statute that reserves all firearms laws to the state (except retail zoning statutes). The City of Cleveland has already fought a different case over city firearm laws to the Ohio Supreme Court and lost. The Ohio Supreme Court has upheld the preemption statute in two separate cases.

The City was knowingly using an invalid law to drag their heels.

In fact, the Ohio preemption law (Ohio Constitution 9.68) provides for attorneys fees for anyone bringing suit against a local political entity.

[WildBill]

CNN has a movie on the Michael Morton case called "An Unreal Dream".

It airs this Thursday December 5, 2013.

http://www.cnn.com/SPECIALS/justice/cnn ... real-dream" onclick="window.open(this.href);return false;