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Criminal Law/search and seizure

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Expert: - 7/20/2004


Question
My ex-boyfriend's house was searched and a small .22 caliper rifle was seized. I did not live there, but the reason the gun was there is because I had bought it as a Christmas present for his son. I bought the gun from Wal-Mart and it is in my name. My ex's case is now over and it was my understanding that I could get the gun back after his case was over. So, I called down to the sheriff's department and they told me that they cannot locate that particular gun in the evidence room, that it was lost. Is there anything I can do about this? I don't want to think that the police department stole that gun from me, but that is what it is looking like. What advice can you give me?

Answer
Hello,

   I don't know what the law is in your state since it is going to be different than in my state but I would guess that you have a civil action against the county, town, or state, or whoever runs this police department.  A civil action means that you can file a law suit over the loss of the gun and demand to be compensated.  However unless you have some legal training are you ready to present your case against the attorney for the city?  So I see that as your only option save formally requesting to be reimbursed.  Have you done that yet?  Not a phone call but a formal request for reimbursement.

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Jack Toomey

Expertise

Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience

I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

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