The ongoing saga of what the Hell is wrong with Ohio police?
They learn a woman owns guns. A worker lets them into her house. They take $15K worth of guns without a warrant from a lawful gun owner. She asked for them back and the police acknowledge that the weapons were legally owned. But they refused to return them without a court order
August 31st, 2011 at 10:30 am
I’m surprised she didn’t have a safe of some sort in which to store her collection – especially when living in a place where the keys to her apartment were held by someone who is arguably not paid enough to give a damn about lack of a search warrant as long as it’s for someone else.
August 31st, 2011 at 10:37 am
‘Motive pending”?
Sounds like they are looking for an excuse.. a reason.. an anything to justify what they did retroactivly.
August 31st, 2011 at 10:48 am
Since this was a Condo, not an Apartment (I know, people own “Apartments” in NYC), the only way someone from the Homeowners Association should have let anyone in was if there was a Fire or Broken Pipes or Strange Smells, and there might still be a Warrant needed. It sounds like a neighbor ratted on her (probably some Anti-Gunner), and the Lakewood P.D. went for a Raid. Betcha the reason they haven’t turned over the Guns is because they were Distributed amongst the P.D., and one of those Bastards sold his off. I think Lakewood is part of MAIG, like most Cities around Cleveland, too.
August 31st, 2011 at 11:53 am
READ the homeowners’ association convenant, and therein may lie the answer.
If that covenant specifies “no guns allowed”, then you have just voluntarily signed away your 2nd, 4th, and 5th Amendment rights. If a neighbor, a fellow covenant member, knows of a violation against said covenant, then the HOA can do whatever it takes to bring you into line (up to, and including, taking your home).
Seriously, folks, HOAs don’t have an evil reputation for nothing.
August 31st, 2011 at 12:13 pm
“Once inside, they raided the gun rack, making off with 13 firearms worth around $15,000.”
That dollar figure explains things, in my opinion.
I think they either divvied them up, or were hoping to sell them off.
August 31st, 2011 at 1:07 pm
Mike,
The homeowners association nor any document a tenant signs can legally authorize police involvment. The HOA cannot enforce civil litigation through martial force. What happened here has not been fully reported. Police are only allowed to enforce the written and duly enacted laws. A homeowners convenant does not grant the police authority. That is a civil matter.
I have no respect for HOAs and my wife and I bought a home that was not within a neighborhood covenant. We want no part of HOAs. But I think the anger towards the HOA or tenants association in this case may be misplaced.
August 31st, 2011 at 1:12 pm
…they asked an obliging employee of the complex to open up the apartment without her consent.
As a Condo-unit owner I know that’s totally illegal. It’s not an “apartment” it’s a privately owned UNIT, and an employee of *any* complex – CC&R’s be damned – can NOT open up a homeowner’s private unit – not even with a WARRENT.
The Cops have to serve HER with the warrant if they want to get in.
August 31st, 2011 at 1:15 pm
And even in California, a CC&R Rule that is against the Constitution is invalid, as far as I am aware. That would be like saying, “No renting to Blacks,” in the covenant – it’s not like saying, “No Smoking” or “Your Drapes Must Match the Building Exterior-Color”…
August 31st, 2011 at 2:17 pm
And yet, she does not have her weapons….
August 31st, 2011 at 2:39 pm
NWA had it right.
August 31st, 2011 at 4:09 pm
With any luck she will get her firearms back, a 6+ figure settlement, and Lakewood will have several fewer uniformed thugs on the payroll.
Seriously, do police departments even do QUARTERLY training on Constitutional search and seizure and the warrant process? Or do they get a badge, a pistol and a briefing that tells them this is 18th Century and the states are just British Colonies?
August 31st, 2011 at 5:33 pm
I’m thinking they don’t do any training at all on the Constitution and civil rights.
“Here’s a badge and a gun, do whatever you want, and if somebody doesn’t like it, hit them until the stop making noise. Have fun guys!”
August 31st, 2011 at 6:21 pm
She needs to be suing the HOA and the obliging employee as well as the police for damages.
One other thing–notice how the plural of “gun” is “arsenal” yet again? God help me if there is ever a raid on my place, because it’ll definitely make the national news.
August 31st, 2011 at 7:04 pm
She isnt a member of a protected class, so she will have to spend thousands of her own dollars to prove she is not a criminal, and get her property back.
If the town isnt surrounding that PD with torches and shotguns, then they deserve to rot in jail too.
August 31st, 2011 at 8:04 pm
I’d like to date her, soon to be rich and likes firearms what more could I ask in a future mate?
August 31st, 2011 at 8:09 pm
The full accounting, and court filing, are available here. Looking past the irrational pants-wetting, it would appear as though her collection consisted of:
– SKS M-21 Sniper Rifle
– Ruger Blackhawk .357
– Sentinel Arms 12 Gauge
– Gemtech .22 LR
– Ruger Mark II .22 LR
– Antique double barrel percussion shotgun
– Springfield Arms .45 ACP
– Thompson M1928 .45 ACP Semi-automatic
– Mossberg 500A 12 Gauge Shotgun
– Valkyrie Arms M3 .45 ACP Semi-automatic
– Smith & Wesson M-686 .357
– Makarov 9mm
– Colt Model M1851 .44 Revolver
So, are PDs allowed to confiscate suppressors? Because that is the only thing Gemtech makes, and my understanding was that NFA items could not change ownership without the BATFE being involved…
August 31st, 2011 at 10:26 pm
The report states that they confiscated her fire arms although they were all “legal”. In other words there was nothing that she held which was illegal to give cause to confiscate, this is simple theft by a group of armed individuals justified by their badge…
August 31st, 2011 at 10:42 pm
Damn! What a beautiful collection….is she married?
August 31st, 2011 at 11:40 pm
Linoge,
Without belaboring the issue, yes, police agencies can confiscate NFA items from their lawful owners.
Fortunately most of them are too ignorant to know how to really screw over the owners.
September 1st, 2011 at 12:01 am
What the heck is the problem lately with police going after our veterans? At least in this case the police only burgled Rice instead of killing her.
I wish the best for Rice in her battle against injustice. Maybe a letter in support or a donation is in order?
googlefu
Lakewood police
http://police.cityoflakewood.us/index.php?option=com_content&view=article&id=55&Itemid=57
Legal doc
http://www.lovelakewood.com/pdf/law/110817_guns.pdf
September 1st, 2011 at 6:46 am
Markie Marxist sez: “Private gun ownership is such a heinous affront to the authority of the Marxist state that it’s always illegal, regardless of whether it’s legal or not. So, she was still committing a crime, even though she wasn’t doing anything illegal, or she was doing something illegal, even though she wasn’t committing a crime. Either way, it’s just common communist sense to confiscate all of her guns.”