Illegal seizure?

Calif. Hunter

Active member
Joined
Dec 13, 2000
Messages
5,193
Location
Apple Valley, CA, USA
Los Angeles Times, 3/10/08

QUOTE
Though paralyzed from the waist down when shot by a boyfriend she had known since childhood, Alban went on to become a Long Beach prosecutor specializing in domestic abuse cases, a Republican candidate for Assembly, champion for the rights of disabled people and, most recently, mother of a 5-month-old boy. A frequent inspirational speaker, she also has become an ardent gun control proponent.
As Alban settled into the routine of motherhood, however, a dark specter began to haunt her. To help make ends meet, she had moved back to her parents' home, the site of her maiming. There she was astonished to discover her father still clinging to his guns.

"He had them everywhere," she says. "I didn't want them in the house with my baby. We are not a family that can afford to have another tragedy. I pleaded with him for months, but he just wouldn't budge."

Eventually she called a family friend, a police officer, who agreed to store the weapons in a gun locker at his home. For a while, Alban says, it seemed like the problem was solved. Then the family learned that Seymour Alban had taken back the guns and moved them to his medical office in Los Alamitos.

"I don't get it," Julie Alban said. "There's nothing in my life that I love the way he loves those guns."

Several months ago, Los Alamitos police, informed of the situation by Julie's brother, Dr. Joseph Alban, who shares his father's practice, removed two shotguns, a 9-mm handgun and a .32-caliber pistol from the offices on Katella Avenue.

Though no laws had been broken, police spokesman Sgt. Jeff Travis said, the weapons "were being kept in an unsecured manner. They were probably unsafe in that people could have access to them. We took them and booked them for safekeeping."
END QUOTE

Despite the son's opening the door to the police officers, what gave them the right to seize the legally-owned private property? Why wouldn't he have gotten them back as soon as he called his attorney? Maybe he just gave up to keep peace in the family? I'd have kicked my son's ass......
 
Despite the son's opening the door to the police officers, what gave them the right to seize the legally-owned private property?

Answer: A quick phone call from the local prosecutor. Those guns were just an accident waiting to happen, right?
 
IDHunter, since when is an "accident waiting to happen" a crime? maybe he shouldn't have had them in his office, but didn't they basically steal the guns from him?
 
There has to be more to the story than that. I'm sure we're not getting it all. The guy who shared the office with the gun owner had to have a valid concern about the weapons. Regardless, sounds like the owner can go and claim them at any time.
 
IDHunter, since when is an "accident waiting to happen" a crime? maybe he shouldn't have had them in his office, but didn't they basically steal the guns from him?

Sounds like a good question to ask the "prosecutor".

I guess sarcasm loses something on a forum post? Sounds like illegal seizure to me.

Hell if being an accident waiting to happen is a crime then my 2 and 6 year olds are America's most wanted!
 
There is more to the story (naturally.) The father has retrieved his firearms from the police, but he is keeping them locked up at their friend's house. They are Jewish, and the father was incensed during WWII when Jews were marched into gas chambers - for that reason, he refuses to give up his firearms. He is also a lifelong shooter and hunter, former reserve deputy sheriff, etc. Given his family situation, he has compromised and keeps the guns locked up elsewhere.

Why he doesn't just buy his own gun safe escapes me.
 
Illegal seizure? Good question. A lot depends on the floor plan of the office and who has access to what. If he has a seperate office that has its own door to secure other from entering then he hs a good argument fr it. However, if he shares an office (not the building but an individual office) with the other person then that person can allow police to enter and search. Now, if the other person is not allowed in the office, and the office has a door removing it from the rest of the office then he has a valid complaint. No matter what, once he discovers that they were removed, since there were no laws broken in possessing them, the PD would be required to return them to teh owner.

That being said, I think someone would be finding a new place to live, and someone else would be finding a new medical office to practice in.
 

Forum statistics

Threads
113,580
Messages
2,025,769
Members
36,237
Latest member
SCOOTER848
Back
Top