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Gun Owner’s Property Stolen By Police Returned After Federal Lawsuit Settled

In a case rife with police corruption and officers acting with vindictive immorality, the city of Cleveland faced losing BIG in a 5th Amendment case brought by Derrick Washington who had his property stolen by police.

The case stemmed back to an incident in the morning of February 10th, 2013.  Washington called the police at 2:09 in the morning to report a shooting in the 2800 block of East 116th Street.  When officers arrived on scene Washington informed them that he had a valid concealed carry permit and that his firearm was in his car.

In lieu of doing any real police work that might involve looking for the actual shooter, the police officers involved at this point decided to arrest Washington.  The report they filed reported that he told them that he had been drinking.  Washington was arrested and charged with using weapons while intoxicated and illegally carrying a concealed weapon.

This is when that corruption and jackbooted immorality I spoke to comes into play.

The report the police filed states that Washington told them he had 2 vodka drinks, a claim he denies.  Yet he is arrested in part due to the trumped up charge with using weapons while intoxicated.  You would think that the officers would back up this charge with something like…oh i don’t know…a BREATHALYZER!  But no, all we have to go on is that they said he was intoxicated.

On the second charge, how could Washington be charged with illegally carrying a concealed weapon when A) he didn’t have it on him and B) had a concealed carry permit?

Because the officers claim that Washington didn’t IMMEDIATELY inform them that he had a gun in his car.

That speaks as loudly to the idiocy of the law as it does to the corruption of the cops who just used the law to slap another baseless charge against Washington.  What was Washington to do when the police arrived, run up to them and before saying anything else just start shouting that he had a gun?  I’m sure that would have worked out well for him.

For Washington’s part he maintains that he told the officers of his firearm as soon as he could.

Considering the evidence (Washington was the one who called the cops), and lack thereof on behalf of the police (no breathalyzer, no video etc) I am inclined to think that Washington was both sober and told the officers about his firearm as soon as he was able.  And since the firearm was in his car, the police had no reasonable suspicion to enter the car and take the gun in the first place.

Unfortunately, because of the actions of the officers Washington was brought to jail, had his property seized and stayed there for 3 days while they tried to convince the DA to move forward with prosecution.  The DA, seeing that the charges had no merit refused to prosecute.

At this point, you would think that Washington, without being charged would be released and his property would be returned to him.  You’re only half right.

Because Cleveland has a city law that mandates that the police can legally steal and keep your firearm until a court ORDERS THEM to give it back.

Here is the city ordinance:

Section 627.11 “in any situation where a deadly weapon is present and a person has been drinking or disturbing the peace, threatening bodily harm or causing or threatening a disturbance or violence and there is reasonable cause for the investigating police officer to believe that such deadly weapon may be used to cause bodily harm, such deadly weapon may be seized by the police and kept in the custody of the chief of police until released by an order of a court of competent jurisdiction.’

So much for being innocent until proven guilty and forget about the 5th Amendment’s “nor be deprived of life, liberty, or property, without due process of law“.  Having to SUE in order to have your property returned is NOT due process.  We live in a country of checks and balances and the word of crooked cops should not be a free pass to invalidate the 5th Amendment.

It took Derrick Washington 9 months of legal costs with 3 months of court battles to get his firearm back.  He spent much more in those costs than the $500 that the gun was worth.

And THERE it is.

That Cleveland has made a mockery of the Constitution is not in question.  The “why” may be.  But it is plain to see that the powers that be in Cleveland feel that instead of actually fighting for their rights, most people will just bend over and let the “Mistake By The Lake” have its way with them.

But Derrick Washington wasn’t going to let Cleveland get away with this injustice.  He would fight for principle, a sentiment expressed by his attorney J Gary Seewald:   “He could have bought a new gun for $500. But he wanted to go through with this. He wanted his gun.”

Last week the case was settled and Washington will be getting his gun back.  Whether or not Cleveland will also pay for Washington’s legal bills was not made public.

While I am happy that Washington got what he wanted, I am unhappy about the fact that this case was settled.  Since there is no binding court ruling stating how unconstitutional ordinance 627.11 is, Cleveland does not have to remove it from the books.  As such, they can just keep stealing peoples property and put more people through this ordeal.

This injustice runs the gambit of infringement.  The 2nd, 4th and 5th Amendment violations in Cleveland are a trifecta of tyranny.  And like all tyrants in America…it has got to go.

 

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  • John Locke

    I am betting there was a large payment to drop the case.

    • ElderAmbassador

      I certainly hope so, AND that said payment came from the personal assets of officers involved, not the Department.

      • john_hurd

        Department??? I think you meant the Taxpayers………..

        • ElderAmbassador

          That is exactly my point. Payment from the personal assets of those involved with NO participation by taxpayers!

  • Joseph

    The gun was loaded and I’ll bet the cops were too. They were high on unchecked power over a helpless citizen whom they thought they could railroad with impunity. Hooray for the DA.

  • Sammie15

    Always have your attorney’s phone number ready to speed dial! Just in case.

  • Frank Zheng

    I actually had to submit a form and a small fee to DOJ to get my firearms back, I also had to pay $52 storage fee for each firearm. This was in LA County of California mind you, and the entire process took less than two months. It’s ridiculous to have spent 9 months and more than $500 while he’s the one who called the cops AND having a CCW.

  • jimpeel

    Theft under color of authority is still …

    wait for it …

    wait for it …

    THEFT!

  • lwe6576

    Did they even look for the shooter?

    • MickeyG

      I was wondering the same thing !

    • Jay Hanig

      What do you think?

    • BobNoxious46

      MEH. Too much work. The guy must have interrupted the donut break.

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  • Jay Hanig

    I don’t understand why there was a big deal about the gun since it was in his car and Washington was not. My state requires me to announce the possession of my concealed weapon along with its permit as well but I don’t see any point in announcing a weapon in my car unless I’m sitting in it. You might as well announce you have a concealed weapon in your house when you’re standing in the yard.

    • Worship Dancer

      here’s the reason you have to announce it – my state requires it also. once you give the cops your name they run it find out you have the concealed carry permit if you have NOT told them BEFORE THEY find out you AUTOMATICALLY LOSE YOUR CCP AND are then charged with a weapons violation – a FELONY. now you go to court and you WILL LOSE because you PURPOSELY AND INTENTIONALLY did not abide by the rules of obtaining and keeping your CCP by NOT telling the cops FROM THE START. as a convicted felon you LOSE YOUR RIGHT TO KEEP AND BEAR ARMS. now if you don’t turn in your weapons you WILL go to jail.

      • Jay Hanig

        In North Carolina you only have to announce it to the cops if you’re carrying. The permit means nothing without the weapon. In this case, he wasn’t carrying the weapon; it was in his car. Unless the cops indicated they were going to search my vehicle I am under no obligation to mention it as long as it’s out of my reach. Different laws in different states, I guess.

        • Worship Dancer

          sorry sweetness, not true. you have to a) tell them you are a ccp and whether or not you are carrying. if you’re not to my knowledge you are not obligated to tell them where your weapon is. but you DO have to tell them that you ARE CCP. if you don’t tell them one or both of these items you WILL be cited AND lose your CCP.

          • Jay Hanig

            Really? The state statutes would disagree:

            http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_14/Article_54B.html

            § 14-415.21. Violations of this Article punishable as an infraction.

            (a) A person who has been issued a valid permit who is found to be carrying a concealed handgun without the permit in the person’s possession or who fails to disclose to any law enforcement officer that the person holds a valid permit AND is carrying a concealed handgun, as required by G.S. 14-415.11, shall be guilty of an infraction and shall be punished in accordance with G.S. 14-3.1. In lieu of paying a fine the person may surrender the permit.

      • BillG4

        Only IF you are in the car. This article implies he was not. If that’s correct, I don’t understand why he even mentioned it. Only invites problems.

        • Worship Dancer

          negative ANYWHERE you happen to be involved with police. break-in at your house, at your office, walking on the street, eating at a restaurant, ANYWHERE. basically, yes i am ccp and either i am or i am not carrying.

  • Ken Bowman

    Much more to it than what is on the surface. Worse than THEFT is the FASCIST attitude of the standing Army that exists today in place of the Police serving and protecting We the People who pay them. They are not above the law, and must be held fully accountable to the law as they are not above the law. However being FASCISTS they certainly think they are.

  • John Rodgers

    Am I the only one who wonders why someone supposedly drinking even with a legal concealed carry gun in the car is not issued a DUI, but instead using weapons while intoxicated charge?
    These stupid police officers can’t even perform fraudulent charges that make any sense.

    • Jeff Horton

      How do you know Washington was driving and not at a friends house where he had the drinks. He wasn’t in the Car so how could a DUI be issued. You nor I know those facts as that wasn’t part of the story.

      • John Rodgers

        How would a parked car at anybodies house become an issue when the initial call was about gunshots heard?
        I don’t think you would tell an officer you had moonshine in the trunk of your car if you sighted a burglar casing your neighbors home or shotguns in the gun rack in your pick up truck if it had nothing to do with the events you summoned the officers for.
        At best his car was somehow near him at a public location and if he wasn’t driving they may have pinned him for a public intoxication charge.

        • Jeff Horton

          Buddy you lost me on your first post when you mentioned DUI.

          • John Rodgers

            Funny I never thought this was an argument.
            Have a nice day!!

  • lndependent

    Welcome to OBummer world.

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  • Jo Johnson

    I’m 69 years old…..never been in any trouble……..HOWEVER….I’ve never met a cop who wasn’t a coward and a bully……..and more dis-honest than 95% of the people they make deals with……..for money !!!
    SHOW ME A COP………..I’LL SHOW YOU A THUG !!!

    • votedemout

      That is undoubtedly to most ignorant comment I have seen in a while. 69 means nothing other than your folks gave you reasonably good longevity genes, to bad the other parts didn’t work out so well. Police have a very difficult job and it gets more difficult daily with all the libtard rulings. Not to say there are no bad apples in the barrel, but having known many officers over my lifetime, you are way off base. Check out the Oath Keepers web site to gain a little better understanding on the subject……..Semper Fi

  • Doc

    Should have pushed it all the way and protected other law abiding citizens in the future. STAND TOGETHER OR WE HANG ALONE!

  • gunner

    next they will be planting drugs in his house or other trumped up charges against him; police don’t like getting there noses rubbed in there own shit; be careful Washington; they will be out to get you.

    • John OMalia

      If he can I’d suggest he move out of their jurisdiction, better yet out of Cuyahoga County.

  • dabe

    He must have had a bigger gun than the cop… most of them suffer from gun envy…

  • wildchill

    The “police” took my Beretta 9mm and I never got it back. I jumped through hoops for almost a year and finally give up bought me a new one. It was cheaper to buy than to pay to get it back. I guess someone on the “force” needed it worst than I did. Most all on then have a giant stash of weapons. Most are gotten this way.

    • onceproudamerican

      The ‘government’ is the biggest ‘gang’ there is…

  • kalli

    The state AG should investigate these violations of Constitutional law. The police officers and the city of Cleveland should be rang up on charges. Sadly, this is probably the end of it, until it happens to someone else. Lawlessness within our gov’t agencies is becoming the new norm.

  • Dirty Daug

    I think revenge is the answer to these cops or any other cops who steal your chit. Where there is a will there is a way.

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