Possible 4th Ammendment Rights Violated, How Do I Get My Stuff Back ?

[51MEANTXGUNS50]

Over a month ago I was pulled over for passing a stop bar in a left turn lane, would have been no big thing except that a friend I was driving with was drinking a beer. I didn't really sweat it, I hadn't been drinking and haven't been pulled over in about five years so I figured maybe he'd be chill about it. Unfortunately, I have the worst luck in the planet when dealing with police and this day was no exception. After noticing my friend was in fact drinking, he asked if I had weapons on me, I decided to be honest and admit I had several. He has me step out of the vehicle to remove some knives from my person and proceeds to ear fuck me about having more than one despite the fact they are all texas legal and there's no law saying I can't have more than one. He then decides to call four more, that's right four more officers to cuff and detain my friend and I and search my vehicle.

Normally this wouldn't be a big deal as we had nothing in there we shouldn't have had, but once again, I reiterate how I have the worst luck on the planet when dealing with cops, and on this particular day we happened to be coming back from an XSF invitational in Houston and I had several high end impact weapons as well as high end knives in the backseat and trunk. For those that are not aware, Texas is a yes/no state when it comes to prohibited knives and clubs, meaning they're legal to own but not legal to carry outside your house or vehicle. Unfortunately despite being payed to enforce the law, he didn't seem to know this law. I referenced Texas Penal Code 46.02 which states since they're in my vehicle I'm in the clear, only to be met with every cops favorite little comeback when you show them you know the law, "Oh so you know the law better than I do ? You a lawyer or something ?". Being the blunt and matter of fact person I am when dealing with police, I responded by saying that apparently I did. In typical ignorant cop fashion he takes my comments all personally and tells me he's going to confiscate ALL of the weapons and say I won't get them back until he verified the statute I referenced and so far has prolonged me getting my stuff back for almost a month. Oh, and he cited my friend for his open container in case you all are wondering what became of that.

Needless to say, I find what he did absurd, unreasonable, and frankly, unconstitutional. Not all the weapons I had are clubs or illegal knives under Texas law and he could have just taken the weapons in question but instead took them all. They were all in locked carry cases and I even provided the officer with video footage of me and my pal in action at above mentioned invitational to show him why we had them and what we used them for. This happened in a neighboring county almost an hour away from me so constant trips out there are a waste of time and gas. Today marks the seventh time I had to drive all the way out there just to be told that the officer who took my stuff STILL hasn't given it to some other guys who are supposed to give it back. These weapons are my second income. I teach stick and knife defense and I do youtube videos consisting of reviews, demonstrations, freestyling as well as self defense applications (monetizing the videos enables me to essentially get paid by the view). With all that being said, why is this bozo cop playing games with me and what can I do to just get my stuff back ?

[LNK]

Have you hired an attorney?

If not, why not?

Did he search with your consent?

[Kccatman]

First, learn to control yourself when dealing with LE. Most are on a power trip. You just play into their hand. Now your only option is to hire an attorney to deal with your mess. Rational conversation will get you no where. I am sorry to sound so harsh but that is the way it is.

BTW, were you in East Texas? Sounds like typical East Texas BS.

[ShysterJon]

I'm with the other two posters. You've driven an hour seven times only to be told you can't have your weapons back? From reading your post, the cops may have your mug shot posted in the station house with "Cocky Prick" as the caption.

Hire a lawyer with a good rep in the county that has your shit. Up here in North Texas, every police department's evidence retention policies are different. What might take a snotnose kid lawyer a week to do takes me a phone call and a 15-minute drive.

[Guests021916]

Ok Shyster,,, how does one sort the good lawyers from the proverbial snot nosed kid??? Hey that would make a good topic for you to write about. Oh wait we already went down that road it was a dead end. Just kidding Jon.....

[Texas Playboy]

#1 show respect to police officers. they may be on a power trip, but keeping control of every situation is critical to them doing their job safely day after day. cut them some slack and play by their rules when you interact with them. being a smart ass might feel good but it's stupid.

#2 if you're going to carry a bunch of weapons around in your car, understand that it's probable cause to suspect you of other things. doesn't make you guilty of anything, but it justifies the officer's suspicions. suggest you print a copy of the Texas statutes pertaining to weapons that you are referring to and have it in your car with the weapons just in case. that way instead of appearing to be a know it all smart ass, you are just helping to defuse a foreseeable situation that might arise.

my $0.02. yes, some cops are on a power trip. it helps them stay alive.

[LaStang]

if they are your source of income then i would hire a lawyer to sue for loss of income and harassment , one call to the station to look up the statue and it could have been handled without taking them . sounds like Barney Fife syndrome to me .

[ShysterJon]

Originally Posted by LaStang

if they are your source of income then i would hire a lawyer to sue for loss of income and harassment , one call to the station to look up the statue and it could have been handled without taking them . sounds like Barney Fife syndrome to me .

I wouldn't suggest suing the police, based on the facts of this case. For one thing, police officers are granted immunity from liability for their day-to-day functions. Also, there are limitations on damages that can be recovered from governmental entities. Plus, I'm skeptical whether Mom and Pop Juror would award damages to Weapons Boy. It may sound cold, but I'll only sue a police department if my client suffered a serious injury or death.

[51MEANTXGUNS50]

Sorry I never got back to you guys for a follow up, but long story short, I did eventually get my stuff back, this time I decided to take a new school approach if you will and basically filmed the entire ordeal. Apparently the only way to get this particular department's attention is to clown on them and repeatedly ask why your fourth amendment rights were violated while filming it all . Hiring a lawyer would have been pointless so I settled for filing a complaint with their IAD department. According to them, all the officers involved in the incident were "brought in by them and my allegations were addressed" and the result of which was that the matter was "handled administratively". He indicated that was all he could tell me though I have a strange feeling "handled administratively" means they probably had a good laugh about it and just got a slap on the wrist. Too disappointing, I mean I understand that carrying several weapons would naturally cause a concern but most of what I had was basically martial arts stuff and well, the last I checked this isn't feudal Japan and to the best of my knowledge people don't generally go around committing crimes with weapons you would see in a damn Kung Fu movie . Well at least I got my stuff back, if any of you all are in So Tex and want some lessons hit me up, no charge !

[papitochulo]

I am glad you got your stuff back. I have dealt with the police before and even if you shown them paperwork stating you are within your rights they still can do whatever they feel they want to do. In my experience police officers are not trained or they can't read and interpret legal documents. Carrying documents will help on your defense, but it won't stop them from doing what they want if they don't understand or if they feel they need to give you a reason to stress...

[`flip]

Originally Posted by ShysterJon

I wouldn't suggest suing the police, based on the facts of this case. For one thing, police officers are granted immunity from liability for their day-to-day functions. Also, there are limitations on damages that can be recovered from governmental entities. Plus, I'm skeptical whether Mom and Pop Juror would award damages to Weapons Boy. It may sound cold, but I'll only sue a police department if my client suffered a serious injury or death.

Completely concur with this statement.

[TownCryer]

I have asked of a complete inventory of all item in the car, with this they tow the car and try to let you go. I have also asked for a supervisor to be called to appear on the site. This will usually help allow then to let you go. Always be nice and professional.