Cleveland Pays Out Settlement to Concealed Carrier Whose Gun Was Wrongly Confiscated

December 23 2013
by GSL Staff
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Stock Gun Photo - Tactical 1911Police in Cleveland, OH learned that they can’t just confiscate weapons and hold onto them forever last week.

Derrick Washington was trying to be a good citizen when he called police to report a shooting in his neighborhood.

Washington met with officers once they arrived. At some point during the conversation, Washington told officers he had a license to carry and he had a gun in his car, which was not in the immediate area where he was talking with officers.

Police allege that Washington told them he had two drinks that evening, but Washington denies that.

Police arrested Washington, who was the person that called them and not connected to the shooting in any way, confiscated his gun from his car, and held him in jail for three days.

Eventually the district attorney’s office decided not to press charges and Washington was released.

Washington took the city to court over the incident. The city agreed to settle, paying Washington $1,000 along with all of his attorney’s fees and court costs.

While the monetary amount is fairly small, it sounds like this incident might for police officers to rethink how they seize and hold weapons. According to The Plain Dealer,

The agreement puts an end to Washington’s lawsuit in U.S. District Court in Cleveland. But its impact might go beyond the courtroom.

Maureen Harper, a spokeswoman for the city, said Cleveland “is reviewing the continued enforceability of some or all of the Cleveland codified ordinance at issue in the lawsuit and will advise the Division of Police accordingly.” The law focuses on how police officers seize weapons and how long they can hold onto the weapons.

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