IMPD Property Room Woes.

[blackenedman]

I don't know the specifics of this case, or any others. Just wanted to comment that I know someone that works in the Marion County Forensic Lab, testing firearms. They have told me the Lab has a 24-hour turnaround policy on testing firearms.

Of course, that's a policy, not a law, but I thought I would add information that I have no reason to believe to be false.

 

[churchmouse]

Yes, because IMPD really has their stuff together and INGO does not have a post a week whining about IMPD's property room.

Give us a statute that police which is Tort Claim and qualified immunity free to have a certain period of time to return property or it is triple damages and attorney fees. If we had such a platform, INGO whining would be eliminated.

Seriously man......am I whining if my property is being held when it should be released..........

I really dont think so.

 

[IndyDave1776]

The fix is legislation.

A law to keep the violators in a cell until they comply?

 

[Kirk Freeman]

Seriously man......am I whining if my property is being held when it should be released..........

I really dont think so.

Do not disagree, but dealing in reality/realpolitick, if we want IMPD to stop screwing with us and respect our RKBA and our property rights, then we need teeth. Teeth comes from the law, not cyberbitching (however merited).

 

[Kirk Freeman]

A law to keep the violators in a cell until they comply?

That is a motion to show cause.

Money is a far bigger motivator than jail threats at least I have noticed in dealing with goverments.

 

[Leadeye]

That is a motion to show cause.

Money is a far bigger motivator than jail threats at least I have noticed in dealing with goverments.

Maybe just offer a bribe to get it back, a gratuity maybe to take the sting off the first word.

Money talks, the bigger it is the louder it talks.

 

[Alamo]

Dunno if it's accurate, but police property rooms in general seem prone to be a hot mess, judging by the news and anecdotal reports that seep out.

 

[MadMan66]

Dunno if it's accurate, but police property rooms in general seem to prone to be a hot mess, judging by the news and anecdotal reports that seep out.

You are on to something there. This thread makes it sound like there is this ominous conspiracy going on. Reality, it's far more to do with incompetence than anything sinister. This is the government we are talking about. Then again, this is the government we are talking about...

 

[Alamo]

... Reality, it's far more to do with incompetence than anything sinister. This is the government we are talking about. Then again, this is the government we are talking about...

Embrace the power of "and." LOL.

 

[Timjoebillybob]

As for judges signing court orders to release a firearm. Believe it or not, but Marion County Judges are, you guessed it, still human. Might not have a soul, but still human nonetheless, and make mistakes. I once had a judge sign a court order to release a firearm back to a felon. After many phone calls to the angry felon and a legal department, I explained how we can't be compelled to violate federal law by a lower court circuit. I also explained that if I was there when the felon picked up that gun, he would promptly be placed in cuffs and our legal team can have a fun time explaining that one in whatever higher court it was taken to.

Depending on how long ago this was, a court can order you to return a felons firearms. But not to him. At least according to SCOTUS.

https://www.supremecourt.gov/opinions/14pdf/13-1487_l6gn.pdf

How many court orders does it require? Maybe I'll do small claims while I'm at it... you think 3 would be enough

It shouldn't take any, but in this case one more might help. But depending on the firearms involved, I wouldn't go small claims too low a cap. Sue for release, attorney fees, and perhaps punitive damages. As an attorney here stated, talk to a lawyer. Kirk Freeman in Lafayette is one of the attorneys on here, and Guy Relford is as well. Guy is based in Indianapolis and specializes in firearm related cases.

"Red Flag" is regarding mental illness. The guys in the picture were criminally investigated away from any media. I don't remember if warrants were issued or not on these guys. There were several similar investigations going on that the same time and the prosecutor refused to file on some.

IIRC Someone on here stated they (the police) knew who at least one of the people were and that a warrant had been requested. Prosecutor refused. Or something along those lines, police wanted to go after them and were told no.

Isn't a definition of mental illness being a threat to other's and themselves?

I think a judge should have made that call, the same as any other warrant for a red flag investigation.

Not quite. That is one of definitions of "dangerous" for the Laird law. But it doesn't require mental illness, they could present an imminent risk for other reasons.
IC 35-47-14-1"Dangerous"
Sec. 1. (a) For the purposes of this chapter, an individual is "dangerous" if:
(1) the individual presents an imminent risk of personal injury to the individual or to another individual; or

(2) It is probable that the individual will present a risk of personal injury to the individual or to another individual in the future and the individual:
(A) has a mental illness (as defined in IC 12-7-2-130) that may be controlled by medication, and has not demonstrated a pattern of voluntarily and consistently taking the individual's medication while not under supervision; or
(B) is the subject of documented evidence that would give rise to a reasonable belief that the individual has a propensity for violent or suicidal conduct.
(b) The fact that an individual has been released from a mental health facility or has a mental illness that is currently controlled by medication does not establish that the individual is dangerous for the purposes of this chapter.

 

[Hop]

I have personal experience in getting back a firearm from the IMPD property room. Car accident, ambulance ride, ambulance wouldn't take me to the hospital with a firearm on me so IMPD "secured it". No laws were broken. 6+ months of IMPD property room runaround.

1. I'm grateful that "she" is retired. "She" was a big problem that led me to contact a nice lawyer in Lafayette who made the appropriate calls to force the return of my firearm (you might find him posting in this thread).

2. Even after being told I was able to come get it, I still got the runaround, more attitude from the officer in the fingerprint room. It cost me an extra day + more downtown parking $.

3. The property room returned my firearm & all ammo in the same exact condition as when it was "stored for safe keeping". Not a scratch, no rust, nothing wrong with it at all. No signs of it being test fired. The officer that walked me to the property room was very nice. Staff at the property window was very polite.

 

[MCgrease08]

I found the old thread that details both Hop's and my journey to get our guns back.

Indianapolis PD firearm seizure, no return

How long can LE hold on to my firearm after a seizure? Some particulars regarding the seizure: -I was detained for an incident but not charged and then released that same night with some of my property excluding my firearm, magazine, extra mag and holster. I was told they would call me when I...

www.indianagunowners.com

 

[euby]

I managed to get the weapons back yesterday. With the help of a fellow INGO member. Have no idea how long it would have taken otherwise!! Good luck to anyone who has weapons there.

 

[BigRed3588]

I managed to get the weapons back yesterday. With the help of a fellow INGO member. Have no idea how long it would have taken otherwise!! Good luck to anyone who has weapons there.

Glad to hear it all worked out. My father had a firearm seized and was initially charged with a misdemeanor, but the charge was dropped. He went to pick up the gun and the sheriff's department flat out refused to return it. He wrote a letter threatening to the Palm Beach County Sheriff threatening a lawsuit and was called to pick up the gun within the week.

 

[BigMoose]

I just have to say, I wish you guys could see the inside of the Property Room Annex sometime...

I can't count how many times ive been there and said, what in the HELL is that? And why is it in here... seriously

If only I could tell you about it.

 

[shibumiseeker]

Apropos of not much: my gf had a gun stolen in Lawrence Co. she reported it along with the serial number and picture. 4 years later out of the blue she got a call from the department saying her gun had been recovered. It’d been used in a crime and they were done needing it as evidence and she could pick it up. This was maybe a month or two after the case was disposed. That’s the kind of LE I would expect.

 

[shibumiseeker]

Give us a statute that police which is Tort Claim and qualified immunity free to have a certain period of time to return property or it is triple damages and attorney fees. If we had such a platform, INGO whining would be eliminated.

You seriously underestimate the capacity for some people to whine.

 

[shibumiseeker]

Sue for the return of your property plus attorney fees and court costs. When money starts coming out of their budget and into your wallet that will get their attention.

Sure, if you are absolutely made of money. Because you’re going to be out many thousands of dollars up front on a -chance- of recovering your property and expenses. Like Tyson Timbs whose case went all the way to the SCOTUS to get his SUV back? 7 years. Honestly, for a few hundred dollars of money and countless amount of time, most won’t bother and the system is built on that.
If I ever have eff-you money I plan on having a legal team on retainer to deal with stupid bureaucracies doing crap like that.

 

[BehindBlueI's]

2. Even after being told I was able to come get it, I still got the runaround, more attitude from the officer in the fingerprint room. It cost me an extra day + more downtown parking $.

3. The property room returned my firearm & all ammo in the same exact condition as when it was "stored for safe keeping". Not a scratch, no rust, nothing wrong with it at all. No signs of it being test fired. The officer that walked me to the property room was very nice. Staff at the property window was very polite.

Point of order, neither the cranky one nor the polite one were officers if they worked in Ident. All of those, and the people in the property room, are civilian personnel. I'm assuming you interacted with the blue jump suit people. The only sworn personnel in that area of the CCB that I'm aware of (other than those passing through) are sheriff's deputies across the hall from Ident who enter warrants, etc.