Read this! Silencer rights imposed!!!!!!!

[wired]

All true. Never talk to the police but by the letter of the state law they ( the police ) have to witness the use of a silencer in process. Hearsay isnt going to get a conviction . Probably whats going to happen is the DA will drop charges after a few months and the OP will get his silencers back half full.

 

[dj_fatstyles]

at that point, file charges against the police for suppressor use. never talk to the police, they are there to make money for the city and to find someone to convict.
heres some good info sites:
http://flexyourrights.org/
http://www.policeabuse.com/index.php?option=com_frontpage&Itemid=26

stolen guns:
http://www.stolenweapon.com/

police videos:
http://blutube.policeone.com/

 

[Blitzkrieg]

All true. Never talk to the police but by the letter of the state law they ( the police ) have to witness the use of a silencer in process. Hearsay isnt going to get a conviction . Probably whats going to happen is the DA will drop charges after a few months and the OP will get his silencers back half full.

It's been presented in this thread that the DA is pro gun and that it is very unlikely that charges will be filed if the OP is telling the truth. As stated, it seems someone is stalling the process

 

[coctailer]

It's been presented in this thread that the DA is pro gun and that it is very unlikely that charges will be filed if the OP is telling the truth. As stated, it seems someone is stalling the process

I will talk to the Snoho DA tomorrow about this.
I have heard that he is aware of it, and if the facts in this thread are all correct, (I heard) some people will be getting an ear-full.

I talked to him a couple weeks ago, but forgot to bring this subject up, so my info is second-hand.

 

[Ranb]

Does anyone know what the WA law says about when evidence of a crime is allowed to be seized? At what point would the police find themselves in violation of federal law by possessing a silencer (Bhowe's) without ATF authorization?

Ranb

 

[Atroxus]

Does anyone know what the WA law says about when evidence of a crime is allowed to be seized? At what point would the police find themselves in violation of federal law by possessing a silencer (Bhowe's) without ATF authorization?

Ranb

I believe LEOs are exempt. I know that some in this state carry select fire MP-5s in their cars instead of, or in addition to shotguns. I had a buddy that was a reserve officer in a small town police force and he had one in his sqad car, it would fire semi-auto, 3 round burst, or full auto.

 

[wired]

Machineguns are exempt by statute. There is no exemption for silencers in the RCW for police use.

 

[Murphy]

Does anyone know what the WA law says about when evidence of a crime is allowed to be seized? At what point would the police find themselves in violation of federal law by possessing a silencer (Bhowe's) without ATF authorization?

Ranb

When was the last time you heard of any le agency being in violation of state/federal law while in posession of illegal drugs?

Like it or not they do have the authority to seize any property you have. We citizens don't really have any recourse as its usually expensive and very time consuming to retrieve our seized property. Even when we fight to get our seized property back nothing ever happens to the officers who illegally seized the property.

Its really a shame the officers never receive any form of punishment for makeing very poor decisions on laws they have absolutely no understanding of. If we were able to fire officers for their poor decision makeing skills maybe things would change. Just think that the officers/deputies makeing these poor decisions on laws they clearly have no command of are the same ones who respond to your 911 calls.

 

[Ranb]

When was the last time you heard of any le agency being in violation of state/federal law while in posession of illegal drugs?

I haven't. But what law allows them to seize evidence? This was a misdemeanor crime, Bhowe could not be arrested for it because the officer did not witness it. What WA RCW allows the police to seize evidence of a misdemeanor crime they did not witness? I have looked but can not find the applicable law. Any ideas?

Ranb

 

[wired]

I haven't. But what law allows them to seize evidence? This was a misdemeanor crime, Bhowe could not be arrested for it because the officer did not witness it. What WA RCW allows the police to seize evidence of a misdemeanor crime they did not witness? I have looked but can not find the applicable law. Any ideas?

Ranb

Possession of marijuana. Your marijuana will be "seized" OK. Bad example because if you have a state medical license they don't seize it unless its over the allowed amount.

 

[Ranb]

You do not understand what I am asking for for. I am asking for an actual RCW that allows a police officer to seize the private property of a person. Unless there is a law that allows this, the officer is stealing when he takes it without permission. Everything they do in an official capacity is covered by some law rule or regulation. I am trying to find those rules, but so far I can only find rules on strip searches. Got a link?

Ranb

 

[stmcelroy]

You do not understand what I am asking for for. I am asking for an actual RCW that allows a police officer to seize the private property of a person. Unless there is a law that allows this, the officer is stealing when he takes it without permission. Everything they do in an official capacity is covered by some law rule or regulation. I am trying to find those rules, but so far I can only find rules on strip searches. Got a link?

Ranb

Maybe?

RCW 10.105.010
Seizure and forfeiture.

http://apps.leg.wa.gov/RCW/default.aspx?Cite=10.105.010

 

[Ranb]

Thanks. I do not know how I missed that one. But it appears to only address felonies, not misdemeanors. The crime Bhowe was charged with was a gross misdemeanor, not a felony. If Bhowe heard the officer claim that silencer use was a class 3 felony, then this might be the justification used by the police to confiscate it.

So if the police are not allowed to seize property alleged to have been used in the commission of a misdemeanor, then are they legally allowed to possess it at all?

Ranb

 

[stmcelroy]

Thanks. I do not know how I missed that one. But it appears to only address felonies, not misdemeanors. The crime Bhowe was charged with was a gross misdemeanor, not a felony. If Bhowe heard the officer claim that silencer use was a class 3 felony, then this might be the justification used by the police to confiscate it.

So if the police are not allowed to seize property alleged to have been used in the commission of a misdemeanor, then are they legally allowed to possess it at all?

Ranb

I'm going to assume that the police think that a Felony has been committed, so they confiscate the property. They don't know all of the laws, but are assuming this to be true.

With the public outpouring there is no way they are going to admit they are wrong without someone higher up telling them to. Now it's in the hands of the prosecutor and things will get straightened out.

I'm pretty sure the cops weren't trying to do anything malicious, they are just trying to do their jobs. They will get reprimanded if it turns out what they did was wrong.

 

[Ranb]

So, if the silencer was confiscated illegally, are they breaking federal law by possessing a title 2 weapon without ATF authorization? Are the police going to use ignorance of the law to defend their actions? It should not take more than a day for the police to figure out that silencer possession or use in WA is not a felony and that they can not just seize anything they want. At what point does it become malicious?

Ranb

 

[stmcelroy]

So, if the silencer was confiscated illegally, are they breaking federal law by possessing a title 2 weapon without ATF authorization? Are the police going to use ignorance of the law to defend their actions? It should not take more than a day for the police to figure out that silencer possession or use in WA is not a felony and that they can not just seize anything they want. At what point does it become malicious?

Ranb

I don't disagree with you at all.

If the cops handed it back to Bhowe the next day and he ended up using it in the commission of a Felony shortly thereafter, who would be held accountable? So at this point they are just crossing their "t's" and dotting their "i's".

Most cops are ultimately good and just doing their job thoroughly, as would be expected of them.

 

[Ranb]

If the cops handed it back to Bhowe the next day and he ended up using it in the commission of a Felony shortly thereafter, who would be held accountable?

Bhowe and only him. The police would not be at all. Remember the North Hollywood bank robbers? They had their guns taken by the police before the robbery, but got them back. They later modified them and used them to rob the bank. I am not aware of any lawsuits or criminal acton taken against the police then. Correct me if I got any of the details wrong.

Ranb

 

[Murphy]

Thanks. I do not know how I missed that one. But it appears to only address felonies, not misdemeanors. The crime Bhowe was charged with was a gross misdemeanor, not a felony. If Bhowe heard the officer claim that silencer use was a class 3 felony, then this might be the justification used by the police to confiscate it.

So if the police are not allowed to seize property alleged to have been used in the commission of a misdemeanor, then are they legally allowed to possess it at all?

Ranb

Police seize alcohol from minors everyday. Is the mere possession of alcohol a felony if one is a minor?

 

[ZachS]

It would be pretty foolish to prevent police from seizing evidence of a possible crime. Does anyone here honestly believe that a defendant should maintain custody of state evidence before trial/disposition of a case?

 

[Ranb]

I never said a person should try to physically prevent seizure of property by the police. I am just trying to find the law that permits the police to do what they did in this case. So far I can not find it.

Will your laughing face find the law that allows the police to seize evidence in a misdemeanor case?

Ranb