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Old 06-07-2009   #21 (permalink)
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Originally Posted by GhostofWinter View Post
In a 'normal' place of business is a good question. The question then becomes in my mind what they sign. If they sign a release or agree to certain policies then it would be based on those policies. I know I had to sign an agreement that gives them the right to search my vehicle whenever I am on company property. My question is this: can't a security guard hold someone for the police to arrive? How can a LP person hold a shoplifter til the police arrive? I think the same reasoning would apply in this case as well.

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As former LP myself, I am familiar with what you're talking about. It falls under a pseudo 'citizen's arrest' or 'merchant's arrest'. But, we were able to hold them for the police because they just committed a crime, namely THEFT.

But in this case, the OP did no crime, nothing illegal. He just broke an apparent company policy. Therefore why would they need to call the police if no law had been broken?

Now, if the OP has at some point signed a company document consenting to a search, then that certainly muddies the waters even further.
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Old 06-07-2009   #22 (permalink)
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Can't change the past . . . what's done is done regarding your decisions at the time of the incident.

What you can affect is how this plays out going forward.

I think your best play is not to call on Monday. It's to have your lawyer call for you. I'll bet that simple step will expedite the return of your weapon significantly.
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Old 06-07-2009   #23 (permalink)
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Who would've known you had a firearm in your car? Who could've given an anonymous tip?
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Old 06-07-2009   #24 (permalink)
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If security is going to be so tough park off property.
Never consent.
If they want you to stay and talk refuse.

Ignorance of what was meant by the policy is laughable.

Was there any grief over the seatbelt ticket? Maybe the security guy decided you are to confident or smooth and decided to call a friend in who has a dog that alerted to your gun's case.

If you are getting busted for gun at work then STFU and leave. If you return the supervisor may want to talk to you. But do not not give away your gun.

If you do not understand what I am saying. If you are getting busted for a gun at work that you know you are not supposed to bring to work with you then your job is probably over. Do not make it worse for yourself.

Monday have your lawyer call about the misappropriated personal property.
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Last edited by txgho1911; 06-07-2009 at 13:56.
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Old 06-07-2009   #25 (permalink)
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So, did they illegally transfer a handgun across state lines? If they were not LEO's, I would think that this might be agood angle to take, too.
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Old 06-07-2009   #26 (permalink)
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Why does everyone always assume everyone else "has a lawyer" ????

I see it over and over.. "Call your lawyer"... Who has lawyers on stand-by?

Very few of us here have a lawyer in waiting...

Anyway...

Where I get confused here is whether or not this is the OP's place of employment. I saw the word "orientation" which leads me to believe it is, but then he states he "just wants his gun back" (or maybe I just missed where he said "my job")

Forgive me, but if I accepted a job in Gary, IN and came from Michigan I would assume this job means quite a bit. If the job IS important, unless you're talking about a $3,000 gun, I'd be saying screw the gun; I just wanna keep my job!

I can't weigh in anymore than everyone else; probably shouldn't have let them search, but hindsight is always 20/20. It's easy to say "don't let them search" from the comfort of my home as I sit at a keyboard. Nothing you can do about it now. Do the dance, kiss some ass, and try to get your gun back, and hopefully, your job as well.
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Old 06-07-2009   #27 (permalink)
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All were plant security. I called Gary PD and asked about the confiscation and they said, If it is in their policy to confiscate then they can and if it was not I could file a police report and have them investigated. I am pretty much at the mercy of the Captain of the security firm when he comes back Monday. I have to drive back 260 miles one way just to see if they are gonna give back my gun and if they are going to bar me from the company for life. They will probably want to fine me also.
Oh, horsecrap. YOU don't have to do ****. Call a lawyer, and HE'LL tell the plant what THEY have to do, including paying his fee, to keep you from suing them into the ground. Also, have your lawyer contact Gary Police, express his displeasure, and have him make sure a criminal complaint gets filed with the state police re: the theft of your weapon.

Private companies don't get to steal your property, and they don't get to "fine" you without your consent. They can certainly bar you from their property.
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Old 06-07-2009   #28 (permalink)
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Fast forward, They were waiting at the turnstyle checking everyones badge until they got to me. Guard says we have an anonamous tip you may have a fire arm. he then says we are gonna tear your truck apart looking for it unless you cooperate. I say yeah I have a gun locked in a case secured under the seat with a cable lock. We go to my truck I give them the keys they take the gun and say talk to the captain Monday and you are barred from the property until further notice call this number monday. I did sign a consent paper during orientation, I thought the no weapons meant in the plant but I learned they meant their property period including the parking lot.

They watch you on cameras as you enter the plant they can clearly see what you are doing in your vehicle as you drive in. They seen on camera that I didnt have my seatbelt on and had a cruiser waiting up ahead to talk to me about it.
"We are going to tear your truck apart looking for a gun."
"No, you aren't. I'm leaving your property. You are not permitted to search my vehicle, and you are instructed that I do not consent to being detained any further."

If they insist, you are within you legal rights to defend yourself and your property.
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Old 06-07-2009   #29 (permalink)
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Originally Posted by chasekerion4 View Post
Why does everyone always assume everyone else "has a lawyer" ????

I see it over and over.. "Call your lawyer"... Who has lawyers on stand-by?

Very few of us here have a lawyer in waiting...
I do, in this case my brother in law.

If you carry a gun, you need to have the name and number of a lawyer handy. If you intend to stand for your rights, the same is true.
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Old 06-07-2009   #30 (permalink)
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That's completely ridiculous! If I lived near one of the most dangerous parts of the country in terms of gang violence I would exercise my legal right to carry a concealed weapon always bar none. What those officers did was un-excusable and unconstitutional.
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