Drug bust = Guns seized

[GeauxLSU]

If you can’t see the correlation between drugs and guns, I can’t help you. If someone is driving a car and is arrested for DUI, their car should be towed, but not confiscated. If they’re driving a car and carrying a trafficking amount of drugs, then yes, I believe the car should be seized. In fact, I’ve done it dozens of times. Hell, I even seized a semi. Never lost a single case either.

It's amazing how arbitrary and capricious your justifications for confiscating or not, the vehicle is. But I realize you can't see that. DUI is a crime that is not even possible without the vehicle. Therefore confiscate it. Far more justifiable than confiscating guns that are just sitting there doing nothing. Drug possession and trafficking can theoretically be done independent of firearms.
And the right to own your vehicle isn't even uniquely protected by the Constitution.
If you are in the business of confiscating guns, then you are absolutely right. You can't help me understand.
For all you know, the guns were never used in their illicit enterprise. Now, 'could' they have been? Of course. Some of them likely were. Just like their vehicles and their house. But they are guns. And we all know, they are evil...... therefore....

 

[outlaw1961]

Regarding vehicles. I would contact the lien holder of the vehicle. Notified them of the situation. Large amounts of drugs in vehicle. The lien holder is the owner until it was paid for. If the lien holder wanted the car they took it. It was the up to the lien holder if they gave it back to the susoect

 

[wwboater]

I have been involved in executing over 350 search warrants and you are mostly right. The only difference in your comments is that the weapons are destroyed after the case is disposed of. At least in the metro area counies

Really? So you are admitting your agency violates GA law and destroys guns?

 

[GeauxLSU]

Regarding vehicles. I would contact the lien holder of the vehicle. Notified them of the situation. Large amounts of drugs in vehicle. The lien holder is the owner until it was paid for. If the lien holder wanted the car they took it. It was the up to the lien holder if they gave it back to the susoect

And if there was no lien?

 

[GAgunLAWbooklet]

Taking the guns is easy... as many others have said in this thread it's a separate crime to possess a firearm during the commission of any felony, even a non-violent drug felony.

Sometimes the Sheriff's Office will ask the DA's office if The DA would like to do a civil forfeiture action, in which case the sheriffs would usually within 48 hours take everything of value from the house. All the money, the jewelry, the electronics, bass boats, tools , the family golf cart, all vehicles...anything.
Then the DAs office will write up a notice and post it in the courthouse saying "we took all this property because the person who owned it was selling drugs and therefore we assume that anything in the house was bought using some tainted drug funds." The DAs office asks the Superior Court to allow the government to keep everything that they confiscated and sell it all at auction to benefit the Gov't.

Civil forfeiture.... where the government takes all your **** first and gives you notice that if you can prove you earned all the money you used to buy that stuff legitimately, well then you might be able to get it back after they hold a trial.

 

[GeauxLSU]

Really? So you are admitting your agency violates GA law and destroys guns?

I don't think Atlanta PD has exactly hidden the fact you are likely never going to get your firearm back if they get it. Now if it gets destroyed or disappeared, I'm not sure there's a difference to the former owner.
https://www.atlantapd.org/i-want-to/get-my-property-after-arrest

 

[outlaw1961]

And if there was no lien?

And if there was no lien?

And if there was no lien?

we hardly ever took a vehicle. The car has to be in the suspects name. Smarter dealers used rental or a family members. The only one I remember was a Porsche 911 that was busted traveling with two kilos

 

[outlaw1961]

Really? So you are admitting your agency violates GA law and destroys guns?

Ga code 2010 17-5-52. Back before I retired. Ga Sheriffs could destroy or sale. After numerous complaints about selling later on started destroying

 

[Abbsnkan]

Really? So you are admitting your agency violates GA law and destroys guns?

Yeah you read that right. There’s an ongoing court case about several metro counties doing it. Refer back to my original comment about cops not caring about the legality of their actions they just do what they are told.

 

[Abbsnkan]

Taking the guns is easy... as many others have said in this thread it's a separate crime to possess a firearm during the commission of any felony, even a non-violent drug felony.

Sometimes the Sheriff's Office will ask the DA's office if The DA would like to do a civil forfeiture action, in which case the sheriffs would usually within 48 hours take everything of value from the house. All the money, the jewelry, the electronics, bass boats, tools , the family golf cart, all vehicles...anything.
Then the DAs office will write up a notice and post it in the courthouse saying "we took all this property because the person who owned it was selling drugs and therefore we assume that anything in the house was bought using some tainted drug funds." The DAs office asks the Superior Court to allow the government to keep everything that they confiscated and sell it all at auction to benefit the Gov't.

Civil forfeiture.... where the government takes all your **** first and gives you notice that if you can prove you earned all the money you used to buy that stuff legitimately, well then you might be able to get it back after they hold a trial.

Try getting stopped with a large amount of money. We took a lot from people who couldn’t prove where they got it. Run a blind test on it with a dog and then file the paperwork. 85 counties are synonymous with asset forfeiture. That’s why we always worked southbound. Nobody cares about the dope going north. It’s all a game.