Guns seized in illegal search

[Worthme]

So how do you think that Milwaukee County denies a person their rights?

Simple the police arrest you on bogus charge, seize your fire arms in an illegal search, the case is dismissed, and then after jumping though "hoops" a Circuit Court Judge says that the Police do not have to return your fire arms.

This happened today in a Milwaukee County Court Room.

So, Judge McMahon says that I am guilty even though there was no trial and refuses to order my fire arms to be returned.

I have filed a federal case in this matter, but that will take some time to process. meanwhile the Police hold my fire arms because a Circuit Court says that "your case was dismissed because the witnesses didn't show up", which was not true.

The DA made a motion to dismiss the case on it's merits.

Such is life in the Police State that is Milwaukee County.

[Dial 1911 for Help]

I have filed a federal case in this matter, but that will take some time to process. meanwhile the Police hold my fire arms because a Circuit Court says that "your case was dismissed because the witnesses didn't show up", which was not true.

I don't give a rat's patoot if that's why it WAS dismissed. Dismissed is dismissed. We can't start allowing the state to impose penalties without a conviction just because they had logistical issues GETTING a conviction. Talk about a slippery slope! What do you want to bet no witnesses would ever show up to court again?

[Aguila Blanca]

I agree with Dial 1911. The reason doesn't matter. The case was dismissed. There was no conviction. In fact, if the case had gone to trial rather than being dismissed and you had been found not guilty, there STILL would be no conviction. Since you have not been found guilty of having committed any offense, you are innocent, NONE of your rights have been restricted by law, and the police have NO right to retain YOUR property.

I hope you have a good lawyer. The federal suit is a good idea, but there should be a faster way to get the firearms back through the state judicial process.

[Rich-D]

It appears that your attorney by filing in Federal Court is basing your case on an unlawful search and seizure. In order for Milwaukee County to prevail, they would have to prove that the firearms were not lawfully possessed at the time of the seizure. In other words, law enforcement does not have to return items unlawfully possessed, though seized in an unlawful search. To clarify this point, think of an unlawfully executed drug seizure of heroine. The arrested party would be have to be released, however the government would retain the drugs.

Also, if law enforcement executed a search warrant based on information received from a complainant, or seized items in your care custody and control during an arrest. There may be no grounds for an unlawful search against law enforcement.

If you are not barred from possession of firearms. I agree with Aguila Blanca, that the State Courts would most likely be a more expedient route. However, I do not know all of the facts and your attorney does.

[Worthme]

Thanx for your reply. I am one of the fortunate ones to be caught in this sitution, in that, I have absolutely nothing on my record, not even a parking ticket. And the fire arms were all purchased though a FFL Dealer that, of course, did the required background check. Of course the police and the DA already know this and no doubt knew that shortly after the fire arms were seized.

Because the Police in any case like this first attempt to show somehow that the guns are illegal.

Thanx