Getting an impounded Firearm from Evidence, City County Building Downtown Indy

[ed1838]

Bailey added IMPD has close to 21,000 firearms in the property room. Most are believed to have a connection to a crime. WOW

 

[ed1838]

Lucky me I have not had a firearm confiscated. My son had boxing gloves taken by police, he was told by officer he was having a boxing exhibition with out a permit. I got them back only because his grandma still had reciept, had to prove ownership. So be careful playing basket ball they might take your balls.

 

[Cameramonkey]

Love the gist of the end of the article. "We are going to investigate ourselves and decided if we are breaking the law." Gee, how do you think THAT is going to work out?

And the saga was worse than I had heard. The whole proof of purchase thing? So I happen to be carrying my late father's pistol and am in an accident, and it is handed off to IMPD by the medics. He purchased it back in the 90s and I inherited it. How in the hell am I going to provide a receipt for that? The fact that I have photos and know the serial isnt enough to prove ownership?

Thanks, Richard. Your reporting is appreciated.

 

[Frank_N_Stein]

Sounds like a bunch of BS from IMPD. "Gee whiz, we didn't know there was a problem! Nobody told us!" Yeah, right...

Consider the source.

 

[manifest destiny]

A recovered gun will only be returned to its rightful owner -if- that rightful owner can prove ownership via proof of purchase. How does IMPD suppose an owner can produce a rec't for a gun that's inherited? What of private person to person purchases? What of those people that simply didn't keep a receipt or lost it? IMPD is full of ****.
From article:

Williams told I-Team 8 the property room can’t find his guns. “At this point, they don’t even know, the last time I talked to them, is they would look into it. I even gave them my case number, and they couldn’t even find the case number, and the case number has all the weapons listed. I have all my serial numbers,” Williams said.
The department requires a background check, fingerprints, and proof of purchase.

Can't even find the case number, wow! IMPD is really full of ****.

 

[KellyinAvon]

IMPD policy on seized guns called into question

INDIANAPOLIS (WISH) — The Indianapolis Metropolitan Police Department has thousands of guns in its property room. Many of the guns have been connected to a crime. Some of them have not. The police department sends every single gun to the ballistic lab for testing. The data is sent to the federal...

www.wishtv.com

Thank you for covering this story and posting it here at INGO. There has been a lot of discussion here over the years about how bad this problem is. You shined a light on it and hopefully something will come from it.

 

[Frank_N_Stein]

I have said this before, but it bears repeating: this is a crap policy and was not implemented by the rank-and-file of IMPD.

 

[DoggyDaddy]

I have said this before, but it bears repeating: this is a crap policy and was not implemented by the rank-and-file of IMPD.

Oh I don't think anybody blames the rank and file Frank. This has an administrative reek to it.

 

[Cameramonkey]

I have said this before, but it bears repeating: this is a crap policy and was not implemented by the rank-and-file of IMPD.

Yeah. Right. That's what somebody who thought of the idea would say.

 

[4sarge]

Love the gist of the end of the article. "We are going to investigate ourselves and decided if we are breaking the law." Gee, how do you think THAT is going to work out?

And the saga was worse than I had heard. The whole proof of purchase thing? So I happen to be carrying my late father's pistol and am in an accident, and it is handed off to IMPD by the medics. He purchased it back in the 90s and I inherited it. How in the hell am I going to provide a receipt for that? The fact that I have photos and know the serial isnt enough to prove ownership?

Thanks, Richard. Your reporting is appreciated.

I burn All Incriminating Evidence before the Wife Notices

 

[pitbulld45]

"Have a potential to be used in a crime" what????

All cars have the potential to be used in a crime so lets hold tue m for three years.

 

[bgcatty]

The story says IMPD is looking into its firearm return policy from top to bottom. Seriously? I’m sure a City Counsel Attorney will be on this tomorrow!!? I’ll believe it when I see it!!!

Furthermore, I agree with Guy Relford on every point he raised; but, I feel more strongly this whole scheme is a violation of at minimum, the 4th Amendment. The problem is, like Guy states, that the procedures must be challenged on Constitutional grounds for legal firearms owners to obtain long term relief from the draconian measures being promulgated and blindly followed by the IMPD.

What is the probable cause to suspect EVERY firearm that comes into the possession of IMPD has been used in a criminal or other violation of a State or Federal statute or law or other pertinent regulation? A blanket procedure policy can’t possibly pass constitutional scrutiny. Maybe the recent Bruen SCOTUS decision could enlighten the IMPD and their counsel as to what is the proper course of action to remedy the injustices being suffered presumably by a good number of law abiding Hoosiers.

Last time I checked, ultimately, “the burden of proof” is on the State to prove “beyond a reasonable doubt” that a firearm has been used illegally a la the immediately preceding paragraph. So how do they virtually and apparently have, permanently in some cases, confiscated a firearm belonging to a person who has not committed a crime or violated a statute or regulation? Examples:

#1- Some absent minded person (we even now have Constitutional Carry) who left a firearm in their car in a no-parking zone caused by nothing more than forgetfulness and the car was towed and impounded by IMPD?

#2- A state licensed hunter returning from dear hunting with a legally taken and tagged 12 point buck in the bed of his pickup truck and with rifles and ammo properly cased and ammo secured is involved in a serious car wreck on the way home, is seriously injured and maybe dazed or unconscious or both and IMPD searches the truck and finds the properly tagged dear and rifle in the truck as it’s being towed and confiscates the rifle? (No consent to the search - unless in plain sight - no exigencies? - probable cause?)

IF, as stated in the article/investigation, this practice has been going on for years and years; it begs the question: Then what about the strong probability that quite a few firearms have been permanently lost, misplaced or otherwise unaccounted for or even possibly destroyed which may have been owned by a perfectly proper person and legal gun owner?

What about the alleged procedure for proof of purchase of the firearm by the person who claims ownership of a firearm currently held “in jail” by the IMPD? Indiana statutes do NOT require a background NICS check for the “private sale” of a firearm between two Indiana residents with the seller only required to ascertain that the buyer is a “proper person” of legal age and basically not known by the seller to be like a wanted criminal or felon or some other type of “cretin” who should not be able to legally purchase or possess a firearm. Indiana Law also does not absolutely require even a fully executed bill of sale by both the seller and the buyer.

In addition, the IMPD procedures as investigated, amount to “de facto” firearms registration, thus: Where in the laws and statutes of the State of Indiana or The United States is such a procedure or scheme sanctioned? In fact, I believe it goes beyond registration. Relating back to the aforesaid paragraphs, it amounts to the collection of evidence (ballistics, fired cartridge cases, fired bullets, etc.) in violation of the 4th Amendment without probable cause as to a possible or already committed violation of a law, statute or regulation.

Guy and myself could go on and on, probably for hours on end examining this subject; but, in the end, it will require protracted litigation to ultimately resolve the issues presented by the IMPD impounded firearms policies. Peace to all!

 

[jwamplerusa]

@ESSEX

Thank you for the investigative reporting. Is it to much to ask that a follow up be done in a year?

 

[Cameramonkey]

I'm sure the initial argument will be made that inanimate objects have no 4th amendment rights and call it done. (and maintain status quo)

So who has the deep pockets to sue the city?

 

[bgcatty]

I'm sure the initial argument will be made that inanimate objects have no 4th amendment rights and call it done. (and maintain status quo)

So who has the deep pockets to sue the city?

But law abiding people do have personal property rights in firearms. Don’t worry, some aggrieved person will come along with the deep pockets to sue the city someday. Just saying....

 

[Cameramonkey]

But law abiding people do have personal property rights in firearms. Don’t worry, some aggrieved person will come along with the deep pockets to sue the city someday. Just saying....

Oh, I agree. I just suspect that will be the initial argument to justify their actions.

 

[actaeon277]

There is nothing nefarious here


Except for ignoring the 4th amendment, and assuming guilt before innocence is proved.

 

[actaeon277]

IMPD policy on seized guns called into question

INDIANAPOLIS (WISH) — The Indianapolis Metropolitan Police Department has thousands of guns in its property room. Many of the guns have been connected to a crime. Some of them have not. The police department sends every single gun to the ballistic lab for testing. The data is sent to the federal...

www.wishtv.com

I would like to thank Essex for getting this article together.
I'm used to news articles being anti-gun, and poo-pooing on gun owner's problems.
This did neither.


Thank You.

 

[Route 45]

There is nothing nefarious here


Except for ignoring the 4th amendment, and assuming guilt before innocence is proved.

I wonder if they have ever had a successful prosecution of some sort that was a result of evidence recovered in one of these ballistics tests that was performed without a criminal predicate.

 

[Frank_N_Stein]

Oh I don't think anybody blames the rank and file Frank. This has an administrative reek to it.

It still needed to be said. When someone says "IMPD", it affects the entire department.