Police Confiscating My Property

[Kerri K]

Carl, a FreeAdvice.com contributor known for writing statements of facts without providing evidence to support his asserted facts, wrote:

First off, it was not a seizure or a confiscation - you gave it to him.

Carl, again I do not mean to be disrespectful but you defintely have a few screws loose. I wrote in my original post that the officer told me he was “confiscating” my PBA card. Yet for some reason you wish to ignore the facts as written and respond to my query based on alleged facts that you contrive. IMHO, that is pretty weird. Another poster states you have a background in law enforcement. I would be real curious to know what affiliation you have with law enforcement?

Second, it was not YOUR card.

Carl, I came here and asked a legit question and so far you have done nothing but offer unsupported comments. You have not offered one shred of evidence to demonstrate that the PBA card in my wallet belongs to anyone but me. You have not even come remotely close to proving your claim that the card is not mine.

Third, you didn't check the NYS Penal law hard enough - I found it ... now you can go find it for yourself.

Carl your entertainment level rose several points when you wrote and posted this little bit of malarkey.

From the very beginning of this thread I have asked someone to post a law that permits the police to confiscate a PBA card that I lawfully possess. Now you claim you found a law that is directly relevant to this discussion, yet you refuse to post it.

Come on Carl, be honest…if you found a law relevant to this discussion you would have posted it by now and rubbed my smug little face right in it. Yet you haven’t. Why is that Carl? Are you all bluster with no substance?

Carl, obviously your credibility means very little to you.

Many things can be purchased on eBay that you cannot lawfully possess in various states. So saying that you can buy it on eBay does not make it lawful to possess.

Ebay offers PBA cards from many different NY law enforcement agencies. It is not a crime to possess a PBA card in NY…and if it was, I’m sure a sleuth like yourself would have posted the law by now…yet you haven’t.

So, hire a civil rights attorney and see what you can do. You have a right to throw away your money in any way you wish.

Carl, again I have to giggle at your lack of focus and inability to address the topic.

 

[Kerri K]

Stealth2 wrote:

Three people - all of whom are involved in the legal system in one form or another - have given you the same answer. Who's wasting who's time? (hint - it ain't them.)

Are you sure one poster is not responsible for posting under several nyms…and where can I view the law enforcement pedigree for these “three” posters?

But more importantly, aside from offering opinions and “my guess is” comments, where did anyone who responded to this thread provide facts or quote the specific article of law that addresses my original question. Which was:

“I'd like to know what law allows a police officer to confiscate my PBA card?”

Stealth2, honestly, do you lend credibility to a poster simply because they claim to be someone with a certain background or expertise?

Seriously, look at the Judge’s post and tell me what part of his post is supported by fact?

 

[Shay-Pari'e]

First off, it was not a seizure or a confiscation - you gave it to him. Second, it was not YOUR card. Third, you didn't check the NYS Penal law hard enough - I found it ... now you can go find it for yourself.

Many things can be purchased on eBay that you cannot lawfully possess in various states. So saying that you can buy it on eBay does not make it lawful to possess.

So, hire a civil rights attorney and see what you can do. You have a right to throw away your money in any way you wish.

Adios.

- Carl

Why Carl you sweet thing, I don't think I've ever seen you actually peeved. It's rather dapper.

psst.

I won't mention you are a police officer in Ca, and I certainly won't mention the attention this idiot received from actual attorneys.

He is to funny,.............All over a Bowling ball card?

http://216.109.117.135/search/cache...acard&w=pba+cards&d=34D0D922BF&icp=1&.intl=us

 

[seniorjudge]

Carl, a FreeAdvice.com contributor known for writing statements of facts without providing evidence to support his asserted facts, wrote:



Carl, again I do not mean to be disrespectful but you defintely have a few screws loose. I wrote in my original post that the officer told me he was “confiscating” my PBA card. Yet for some reason you wish to ignore the facts as written and respond to my query based on alleged facts that you contrive. IMHO, that is pretty weird. Another poster states you have a background in law enforcement. I would be real curious to know what affiliation you have with law enforcement?



Carl, I came here and asked a legit question and so far you have done nothing but offer unsupported comments. You have not offered one shred of evidence to demonstrate that the PBA card in my wallet belongs to anyone but me. You have not even come remotely close to proving your claim that the card is not mine.



Carl your entertainment level rose several points when you wrote and posted this little bit of malarkey.

From the very beginning of this thread I have asked someone to post a law that permits the police to confiscate a PBA card that I lawfully possess. Now you claim you found a law that is directly relevant to this discussion, yet you refuse to post it.

Come on Carl, be honest…if you found a law relevant to this discussion you would have posted it by now and rubbed my smug little face right in it. Yet you haven’t. Why is that Carl? Are you all bluster with no substance?

Carl, obviously your credibility means very little to you.




Ebay offers PBA cards from many different NY law enforcement agencies. It is not a crime to possess a PBA card in NY…and if it was, I’m sure a sleuth like yourself would have posted the law by now…yet you haven’t.




Carl, again I have to giggle at your lack of focus and inability to address the topic.

Simple facts:

It was not your card.

You gave it to the cop.

End of story.

 

[CdwJava]

Simple facts:

It was not your card.

You gave it to the cop.

End of story.

The guy is a twit. He refuses to believe what he is being told so he goes on.

Okay. Fine.

And, Kerri, I did a simple search of the NYS Penal code and found relevant law that may support the officer's seizure of the card (not knowing ths status of case law in NYS it may or may not be completely on point). Had you not been such an ass, I would have been happy to direct you to it. But since *I* found it relatively quickly, I suppose you can, too.

If you think you're right, go out and hire an attorney. Obviously, since you refuse to put your money where you believe your rights are, you are not all that confident.

As for this topic. I'm done.

- Carl

 

[CdwJava]

Why Carl you sweet thing, I don't think I've ever seen you actually peeved. It's rather dapper.

Well, some people just don't see that not everything is a seizure under the law.

And a PBA card is something given out by a Police Benevelant Association. I'm still at a loss as to what this card confers on the holder, but if it says "property of PBA" then it makes it a rather simple matter. If it were just a business card, then it's no big deal. We don't have big bad PBAs out here.

Anyway, we've all had our say. If he believes he's right he will collect a lot of money in his pending civil rights suit. I look forward to hearing about his largesse.

- Carl

 

[Kerri K]

Simple facts:

It was not your card.

Okay Judge, then whose card is it?

Thanks.

 

[Kerri K]

I'm still at a loss as to what this card confers on the holder, but if it says "property of PBA" then it makes it a rather simple matter. - Carl

It's not really a simple matter. What authority does a Albany County police officer have over a PBA card issued by a Westchester County PBA?

 

[Shay-Pari'e]

You just do not get it.

1. You gave it to the officer.

2. You had no legal right to have the said card.
3. (QUOTE) When he stopped me he asked for my drivers license and he noticed the PBA card that was in my wallet. He asked to see it and I handed it to him. He asked me were I got it and i nervously told him the truth...I got it from a friend of a friend.(QUOTE)
Therefore, it was NOT issued to you.

Your not getting this.....This was not issued to you.

Lets break this down to 3rd grade level. Please try and keep up. The said card gave you certain rights that you were not entitled to.

Therefor,...........HELLOOOOOOOOOOO Knock Knock!

Don't you think you could spend your spare time doing something constructive.

 

[Kerri K]

Just to clarify a bit here - the minute you voluntarily gave him the card (i.e. consented to the "search"), you waived all of your rights to contest what otherwise might have been considered an illegal search (not saying that this was one, just pointing out that you have no case because you did it voluntarily).

Hello, You Are Guilty.

Sorry. I must have missed your post.

I understand that I voluntarily gave the offiicer the PBA card I had in my possession…and if I illegally possessed the PBA card I would have no problem being charged with an offense for illegally possessing a PBA card. Yet the officer who told me he was confiscating my PBA card did not admonish me, nor did he advise me I was in violation of the law for possessing the PBA card.

The difficulty I am experiencing is understanding what authority of law the officer was acting under when he informed me he was “confiscating” the PBA card that I voluntarily gave to him when he requested to see it.

If I am not committing an offense and there is no offense being committed in relation to me possessing the PBA card, under what authority of law does the government (police) have to take the card?

Thanks.

 

[Kerri K]

PARIDISE wrote:

You just do not get it.

I realize you may not think so, yet I am really trying to get it.

You had no legal right to have the said card.

Believe it or not I did a little research and could not locate any evidence to support your claim that I had no legal right to the card. Perhaps you could point me to an article of law, an ordinance, or regulation that tends to support your theory that I did not have a legal right to possess the PBA card confiscated by the officer.

Yet I did find some official evidence that I believe supports my opinion that the officer who confiscated my PBA card did so in violation of my fourth amendment rights;

FOURTH AMENDMENT [U.S. Constitution] - 'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.'

'An essential purpose of a warrant requirement is to protect privacy interests by assuring citizens subject to a search OR seizure that such intrusions are not the random or arbitrary acts of government agents.'

When a police officer detains a person who informs the officer his son is on the job, while displaying a PBA card, does the officer confiscate this civilian’s PBA Membership card? And if he does not, isn’t he acting arbitrarily when he stops me ten minutes later and confiscates mine simply because I did not articulate specifically where I obtained the card from?


Your not getting this.....This was not issued to you.

You are correct. The PBA did not issue me the PBA card that was confiscated by the officer who detained me for a broken tail light. The PBA ISSUED tens of thousands of PBA cards to it’s 2500 members who in turn GAVE the card to family members, friends, and acquaintances (Joe the Mechanic, Mike the Barber, Suzie the Snitch orMitch the Local Politician). The PBA, a private organization, handed their PBA Membership cards out with the intention their cards be distributed to non-members of the PBA.

Therefore, your argument concerning the card being issued to a specific person known to the union appears to be invalid.

Lets break this down to 3rd grade level. Please try and keep up. The said card gave you certain rights that you were not entitled to.

When considering the facts I provided in the previous paragraph, would you please elaborate on what rights or benefits a PBA card holder may expect when detained or questioned by the police?

Therefor,...........HELLOOOOOOOOOOO Knock Knock!

Don't you think you could spend your spare time doing something constructive.

I do not mean to be evasive..BUT…perhaps it may be more appropriate to pose that question to the poster who registered here @ FreeAdvice.com ‘exactly’ (90) ninety days ago and has already amassed nearly 7000 posts in his judicial archive.

 

[fedcop110]

Ebay offers PBA cards from many different NY law enforcement agencies. It is not a crime to possess a PBA card in NY…and if it was, I’m sure a sleuth like yourself would have posted the law by now…yet you haven’t.

Just to let you know...

The following paragraph is indicative of why I have directed Legal Staff to go after E-Bay sellers for selling our protected member decals.

Perkins allegedly asked the sergeant what the charges were against his friend. He followed the sergeant to a police station, where Perkins showed a city employee identification card, Riordan said. He also had a Chicago police badge, a police wallet and a handcuffs key and drove a car with a Fraternal Order of Police emblem on it, according to court documents

This person has been arrested and is being held on $10,000 bond.

It is very important to protect our members and I urge you to assist us with making sure your members know we are seeking out those who sell our emblems and we will file charges internally and seek civil damages from those who counterfeit our emblems.

This is an excerpt from a Fraternal Order of Police newsletter to its members. The FOP is going after people who sell the emblems specifically on Ebay. And you can bet that the PBA is doing the same.

It's on Ebay, it must be true.

 

[seniorjudge]

Okay Judge, then whose card is it?

Thanks.

The answer, according to what you said: "He asked me were I got it and i nervously told him the truth...I got it from a friend of a friend."

 

[ENASNI]

Jeesh

Does this guy have the "JW" Sydrome or what?



I never gave anybody hell! I just told the truth and they thought it was hell.
Harry S. Truman

 

[seniorjudge]

Does this guy have the "JW" Sydrome or what?



I never gave anybody hell! I just told the truth and they thought it was hell.
Harry S. Truman

What did I tell you about the correct name of the greatest president in American history!?