Failure to notify.

[hellishhorses]

purdy

 

[robertc1024]

Awesome outcome. Glad it went relatively smoothly.

 

[Dawico]

Good deal I guess. I have to agree with TXI personally but also understand not wanting to bring anymore attention to yourself.

 

[kyletxria1911a1]

Good! You're much more forgiving than I would be but, as long as the resolution is satisfactory to you, all is well.

yea pops but sometimes you just have to pick your battles

 

[Acera]

Think about it for a few days, then if you still feel wronged call and make an appointment with an internal affairs investigator.
(210)207-7365 or drop them an email SAPD.InternalAffairs@sanantonio.gov

 

[Glockster69]

I like your idea Acera but ...

It was terrell hills not SAPD. Sadly I don't have the financial means for an Attorney.

 

[Byrd666]

Very happy this turned out okay for you. As has been stated, I'm thinkin' you were just a tad nicer about this than a lot of other individuals would have been. Myself included. I think though that a call to IA might still be in order. If for nothing else, that this sort of incident doesn't happen to another individual.

 

[Glockster69]

yea pops but sometimes you just have to pick your battles

No doubt about that, and some times you have to take the risk for the greater good.

Like someone mentioned, I'm not asking for a beheading or even necessarily some kind of discipline (that would depend on the officer's / PDs response), but I would like confirmation they know confiscation was not proper and it won't happen again.

 

[robertc1024]

Greg Whitlock
Chief of Police
gwhitlock@terrell-hills.com
William Foley
Assistant Chief
bfoley@terrell-hills.com

 

[kyletxria1911a1]

No doubt about that, and some times you have to take the risk for the greater good.

Like someone mentioned, I'm not asking for a beheading or even necessarily some kind of discipline (that would depend on the officer's / PDs response), but I would like confirmation they know confiscation was not proper and it won't happen again.

Tru_dat tru dat

 

[Acera]

It does not have to be money driven, a police misconduct complaint should not cost the complainant an attorney or any money.

http://www.justice.gov/crt/about/cor/Pubs/polmis.pdf

I am also sure that Terrell Hills has some path to file a complaint against a officer.

Some interesting reading on this site.
A Police Misconduct Victim's Guide | PoliceMisconduct.net

You might find an hungry attorney that will take it for a portion of a possible settlement. Few hours of his time to file a lawsuit, their insurance may want a quick cheap settlement, and not risk a huge jury award. Then you could pay for your girls insurance.

 

[vmax]

Good! You're much more forgiving than I would be but, as long as the resolution is satisfactory to you, all is well.

same here.
I would have wanted someone to explain who was right and who was wrong and state the law in that situation.

glad you got your gun back at no cost to you OP

 

[stdreb27]

We'll, every stop to think it was an honest mistake on the officer's part? I doubt you know every law in the state, I sure as hell don't; but some folks expect cops to!
/QUOTE]

Ignorance of the law isnt a defense, when I break the law.


glad you got your gun back. But that's bs.

 

[Hoji]

OP, I do not think for one second that the officer you retrieved the gun from will chastise the officer you dealt with. If you don't go to the chief, this will not change for the next guy.

Agreed.

 

[Driller]

If the OP is accurate he has been screwed.

There is no requirment for anyone to inform a Peace Officer of the possession of the CHL and handgun unless the Peace Officer demands that the person identify himself. OP, if the ppeace officer asked who you were before you offered the CHL, then you violated the above quoted section of the government code. However, it is a violation with no penalty. There is no penal code violation for failure to notify, and no action a LEO can lawfully take if you do not display your CHL.

I would ask for a face to face meeting with the Chief. His officers need an education.

Your fourth amendment right was violated. An unreasonable and unlawful seizure of your property.

I would also consult with an attorney.

THIS^ They essentially stole your weapon. I would demand an apology and call it even.

 

[Driller]

You did nothing wrong and the chief needs to educate their officers that the people they are protecting have constitutional rights that shall not be infringed. Read up on the law regarding police stops and when to show identification. Print it out and call the chief to set up a meeting. Technically if you had enough money you could file theft charges against that officer, probably get thrown out but it would be another way to educate him.

 

[mitchntx]

C'Mon folks ... don't suggest the OP to death till he feels amped up enough to do something he really might not want to do.

Each of us are wired different. Some want restitution for a missed parking spot in a near empty lot and other just find another spot.

The end game for the OP turned out just fine.

 

[ZX9RCAM]

If the OP is accurate he has been screwed.

There is no requirment for anyone to inform a Peace Officer of the possession of the CHL and handgun unless the Peace Officer demands that the person identify himself. OP, if the ppeace officer asked who you were before you offered the CHL, then you violated the above quoted section of the government code. However, it is a violation with no penalty. There is no penal code violation for failure to notify, and no action a LEO can lawfully take if you do not display your CHL.

I would ask for a face to face meeting with the Chief. His officers need an education.

Your fourth amendment right was violated. An unreasonable and unlawful seizure of your property.

I would also consult with an attorney.

Out of curiosity, if I am asked who I am, & at that time hand the officer my license & CHL, have I still violated the law?

 

[benenglish]

C'Mon folks ... don't suggest the OP to death till he feels amped up enough to do something he really might not want to do.

Good point. Perhaps a more passive-aggressive approach is called for.

I wonder what the local news media would do with a tip about a police officer (allegedly) committing robbery while on duty?

I'll just leave this here:

ckapitan@express-news.net

newstips@kens5.com

NewsDesk@news4sanantonio.com

 

[Gopher711]

I got stopped and forgot I had a pistol in truck , so only showed my DL , he ran it and found I was a CHL holder and asked if I was carrying ? Then it hit me I had my briefcase with a small pistol in it , so I told him ?.Crap ! Yes sir I forgot to tell you ! DPS gave me a ticket for failure to notify ..it was around a $150 fine , but never confiscated my weapon or acted abnormal . Also joined Texas Law Shield . For $10 a month if you daily carry this is good insurance !