Forwarded (from: GUNS) by Roy J. Tellason using timEd 1.10.y2k.
Originally from Roy J. Tellason (1:270/615) to all.
Original dated: Sun Apr 16, 17:51
From the front page of today's Lebanon Daily News, top of the page:
"Gimme back my bullets"
Annville men wonder why their guns were seized.
By Daryl Driver, Staff Writer
Annville -- Jeff Blair accidentally shot himself in the leg more than a month ago. But the aggravation the 26-year-old Annville man talks about now is not related to his wound, but to his weapon -- and the three others that were confiscated along with it.
Blair is upset with a search and seizure conducted by Annville police following his accident on March 14. Two handguns and two rifles that he owns, and a pair of weapons and documents owned by Blair's roommate, Eric Paul were taken. Police had no search warrant; no charges have been filed. But the men still don't have their property.
"I just can't understand why something that is an accident is turned into something more", says Blair, sitting in his South White Oak Street apartment, where the incident occurred. "The police are unwilling to admit this and unwilling to get my guns back in a timely manner."
Annville Police Chief Dick Miller said he feels it is inappropriate for the department to comment on the case, which continues to be under investigation.
Standard procedure calls for police to transfer confiscated weapons to the federal Bureau of Alcohol, Tobacco, and Firearms. [Oh? --RJT] John Seiler is the resident officer for the bureau office in Harrisburg which also oversees more than 30 office in the state. Seiler says community police departments are encouraged to conduct weapons checks with ATF as necessary.
Blair was handling his Heckler and Koch .45-caliber handgun on the evening of March 14 when he accidentally shot himself in the thigh. Despite the injury, he was able to stand, he says. He walked outside with a portable phone, called 911 and his parents in Myerstown, and then waited on the front porch of the building.
Numerous Annville police officers responded to the scene, as did a local ambulance. Blair was taken to the Hershey Medical Center trauma unit.
According to Paul, police not only investigated the area where Blair shot himself, but also conducted a search -- without the permission of the men.
Paul says officers went through the living room, Blair's bedroom, the kitchen, a water closet, and a ceiling area in the hallway. "They searched 50 percent of the apartment or more," adds Blair.
Blair and Paul say they are contemplating legal action against the police department.
Paul says he gave permission for the officers to search a garage on the property, but not the inside of the apartment, where numerous weapons as well as ammunition were open to view. The items included some gunpowder which the men had planned to dispose of.
Taken from Blair, along with the gun that was fired, were a .45-caliber long Colt revolver, a .22 magnum hunting rifle and a semi-automatic AK-47 rifle that uses 10-round clips, Blair says.
From Paul, police reportedly took a specialty switchblade knife which had been ordered from a catalog, and a home-made flame-thrower.
While Paul says that the latter weapon was checked by state police in 1997, he acknowledges that there may be questions of legality as far as the posession of both items. [Huh? --RJT]
On the issue of how the weapons were confiscated, however, Paul takes a different tack.
"It started to steam me," Paul said of the search conducted by police. "I started to do a slow burn."
Paul and Blair allege that the department is looking for a phychological reason for the shooting, wondering if Blair is prone to suicidal considerations.
Tony Logue, chair of the Criminal Law Association of the Pennsylvania Bar Association, says there are a number of issues to wade through when it comes to proper police procedures in such case.
On one hand, he says, "You don't always need a warrant," particularly when there would be a legitimate emergency that would necessitate an immediate search. Other factors are whether the weapons are in plain view and whether consent was given to search.
"If neither consented to the search, you have some Fourth Amendment issues," says Logue, adding that Pennsylvania constitutional rights tend to be more extensive than those of the federal government.
By law, police officers could investigate whether an individual under investigation could become a danger to himself or others. [Wow, I guess that's vaguely-worded enough to let them get away with pretty much anything they want... --RJT]
At the same time, Logue indicates that the wisest course for police in such a case as the Blair incident is certainly to get a warrant beforehand.
Blair says he has been told by an Annville police officer that he would not be charged with any crime. He also says that he has made repeated efforts to stay in contact with the police department regarding the return of his guns, and has been in conversation with Annvile Township Commissioner Kyle Smith as well.