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Lakewood woman's lawsuit forces police to return confiscated firearms(OH)
Buckeye Firearms Association ^ | 16 September, 2011 | Chad D. Baus

Posted on 09/17/2011 7:37:59 AM PDT by marktwain

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I hope she received a goodly monetary settlement to compensate for the attorney fees and to teach the police to be more considerate of Constitutional rights.
1 posted on 09/17/2011 7:38:06 AM PDT by marktwain
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To: marktwain

Looks like all she got were her firearms. I’d like to see her take a chunk out of the chief’s rear end.


2 posted on 09/17/2011 7:42:09 AM PDT by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: marktwain

Wonder how many cops homes they had to raid to find all the firearms.?


3 posted on 09/17/2011 7:43:27 AM PDT by org.whodat (so Perry's purchase price starts at $5001.00: and $29,000 , was a sell.)
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To: marktwain; bamahead

PING to bamahead

She should get a huge settlement, but it says in the last part of the story that her legal action was “tabled”.

To have his happen to any American is an outrage, and to a veteran is dispicable, nazi-like behavior by our thug government.


4 posted on 09/17/2011 7:45:19 AM PDT by TheConservativeParty (PALIN 45 -The cure for "meet the new boss, same as the old boss." Sarah Palin 2012 "Not For Sale!")
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To: marktwain
"The incident started in September 2010, when Lakewood Police were asked to check on Rice by the VA hospital, where she'd been receiving treatment."

I am a very strong 2nd Amendment supporter, and doubly so for returning veterans. But to me, when medical personnel request law enforcement to check on a patient it tells me that there is a concern for the safety and well being of the patient. We don't yet know if she expressed a desire to harm herself or others, and/or if that was communicated to the police. Without knowing if she made such a statement, the actions of the police cannot be adequately judged.

5 posted on 09/17/2011 7:49:07 AM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: marktwain

confiscated the collection from her home when she was away.

Is there anything about the above statement that would make you think a warrant was ever lawfully served?
I’m havin a bit of trouble here making the connection...


6 posted on 09/17/2011 7:50:30 AM PDT by djf (Buncha sheep: A flock.. Buncha cows: A herd.. Buncha fish: A school.. Buncha baboons: A Congress..)
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To: Scotsman will be Free

Ditto that.

If a bully doesn’t suffer pain and discomfort, we can’t expect him to behave differently.


7 posted on 09/17/2011 7:51:45 AM PDT by labette ( Humble student of Thinkology)
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To: marktwain

This veteran and firearms issue is getting a bit out of control. I am receiving treatment at a VA Hospital and every time I go there they always ask me...”Have you been feeling depressed lately?” I have thought about this question many times and I of course say...”No.” Any veteran that is a gun owner beware of that question. It could come back to haunt you.


8 posted on 09/17/2011 7:51:53 AM PDT by mosaicwolf (Strength and Honor)
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To: marktwain

Why were the cops aware of her collection in the first place?

I will assume the cops had no warrant or probable cause.

This would then be simple larceny theft.


9 posted on 09/17/2011 7:55:32 AM PDT by G Larry (I dream of a day when a man is judged by the content of his character)
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To: marktwain

Jack-booted Thugs...


10 posted on 09/17/2011 7:56:46 AM PDT by Vaquero ("an armed society is a polite society" Robert A. Heinlein)
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To: Enterprise
We don't yet know if she expressed a desire to harm herself or others,

Or is she was there for an ingrown toenail.

11 posted on 09/17/2011 8:15:00 AM PDT by SouthTexas (You cannot bargain with the devil, shut the government down.)
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To: SouthTexas
"Or is she was there for an ingrown toenail."

Indeed! Maybe she was distraught over frizzy hair. Or like most women, she has a closet full of shoes, and can't decide whether to wear a pair she already wore, or to get a new pair.

12 posted on 09/17/2011 8:20:42 AM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: G Larry

A lot of folks here blaming police, but it was the VA that tipped them off.

Now...was there a warrent issued?


13 posted on 09/17/2011 8:26:33 AM PDT by EBH (God Humbles Nations, Leaders, and Peoples before He uses them for His Purpose)
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To: G Larry

I agree.

This was outright theft. The D.A. should be pressing charges.


14 posted on 09/17/2011 8:27:46 AM PDT by 2111USMC (Not a hard man to track. Leaves dead men wherever he goes.)
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To: marktwain

I have no problem with them temporarily taking the firearms based on the information in the article being 100% factual and not some made up pretext to enter her apartment in search of the guns. I.E an anti-gun neighbor complained or an ‘anonymous’ tip.

1. Reported missing
2. Police opened her apartment to check for her
3. They find a cache of guns and the owner is reported missing.

Police should take the guns for safety and security reasons ... since they did essentially break into with her being reported as missing.

However, they should have immediately returned the guns to her after checking on the legality. Now I know that may sound extreme to some, but the check simply has to be done once the firearms are in police custody and being readied to hand back to the owner. They have to make sure that they are not arming somebody who otherwise wouldn’t be entitled. Imagine the outcry that would ensue if they gave’em back without checking then discovered that she couldn’t legally own them — after she guns down few people.


15 posted on 09/17/2011 8:34:10 AM PDT by Usagi_yo
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To: EBH

It would be nice if more troubled folks sought God and faith, than the VA.
The VA medicates and dabbles in secular counseling.

I lost a dear friend last year, to PTSD and a self-inflicted gun shot.
She had the VA, but no faith.


16 posted on 09/17/2011 8:36:17 AM PDT by G Larry (I dream of a day when a man is judged by the content of his character)
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To: EBH; All
My speculation was that it went like this:

VA calls the police: “We are concerned about Ms Rice, who lives at xxxxxx. Would you please check to see that everything is all right?

Police go to xxxxxx. They knock. No answer. The police think, “We have to make sure Ms Rice is not dead or dying inside”.

Police break down the door. They look around. They find the guns. “OMG guns! We cannot leave them here unsecured or where a possibly unstable Ms Rice would have access to them!” “We do not even know if they are all legal!” Bundle them up and impound them.

Now, they do not want to return them, because “If anything would happen, we might be liable”.

Just speculation, but the intersection of the Nanny State with absolute terror of litigation produces horrific results.

17 posted on 09/17/2011 8:37:37 AM PDT by marktwain (In an age of universal deceit, telling the truth is a revolutionary act.)
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To: Enterprise

“I am a very strong 2nd Amendment supporter, and doubly so for returning veterans. But to me, when medical personnel request law enforcement to check on a patient it tells me that there is a concern for the safety and well being of the patient. We don’t yet know if she expressed a desire to harm herself or others, and/or if that was communicated to the police. Without knowing if she made such a statement, the actions of the police cannot be adequately judged.”

Bullshiite!! The VA does this on a routine basis. My son missed 2 appointments at the Tucson VA hospital last year. After missing the 2nd one I was paid a visit by Yuma County deputies. Law enforcement has no right to confiscate property without cause


18 posted on 09/17/2011 8:38:25 AM PDT by sean327 (God created all men equal, then some become Marines!)
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To: sean327

Until you find out EXACTLY what information was given to the Lakewood Police, I will render judgement, and not before then.


19 posted on 09/17/2011 8:42:03 AM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: TheConservativeParty; Abathar; Abcdefg; Abram; Abundy; albertp; Alexander Rubin; Allosaurs_r_us; ...
Her cache somehow caught the attention of Lakewood Police, who paid a visit last September. When they found Rice wasn't home, they asked an obliging employee of the complex to open up the apartment without her consent. Once inside, they raided the gun rack....When Rice kindly asked to have her toys returned, the cops acknowledged that the weapons were legally owned. But they refused to return them without a court order.. And so Rice has filed suit in Lakewood Municipal Court.

Such blatant hubris. She should also sue them for legal fees among other things!



Libertarian ping! Click here to get added or here to be removed or post a message here!
20 posted on 09/17/2011 8:46:50 AM PDT by bamahead (Few men desire liberty; most men wish only for a just master. -- Sallust)
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