City police confiscates man's 41 gun collection three years ago and man has to sue

[TheeBadOne]

Originally posted by denton
You are right, of course. The legislature does, and the governor signs off on it, and it becomes law. Outside that, the police and courts have no authority to act.

We haven't been told what legal basis the police department thought they had. That remains to be seen (but doesn't stop some from passing judgement), and is an important issue. Without a court order, or a warrant, my understanding is that generally they have to witness a crime being committed, or witness some clear and present danger to life, limb, or property in order to handcuff someone and haul them off. As far as we know at this point, none of those were present. (you must also add that we don't know that it wasn't present, or appear biased)

What they did was a major disruption of the man's life. You have to have an extremely clear and solid reason for making the level of intervention. (yes, and so far the whole story is not out there. If it was, this thread may not exist)

Still, I think the police department is in deep kim-chi. (and that is perfectly fine. It's your opinon, and far different than stating "They are in deep do-do" "They did wrong". Qualifiying it makes all the difference. Everyone is entitled to an opinion, but that doesn't mean it's the last word)

TBO