Re: US Army Property
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: LoneWolfUSMC</div><div class="ubbcode-body">First, we are assuming that we are getting the story as it happened, not biased in favor of the DB relative. If so we have a couple of points here.
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: TX COWDOC</div><div class="ubbcode-body">Truck was searched (becasue DB has every appearance of an offender. Even talks like one).</div></div>
A vehicle cannot be searched based solely on the apperance of the diver. However very frequently the appearance, demeanor, smell and actions of the driver add up to what we lovingly call "Reasonable Suspicion". Now the OP doesn't mention if the truck was searched based on consent or probable cause. I would bet a chunk of change that it was consent.
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: TX COWDOC</div><div class="ubbcode-body">Deputy finds the US Army issue 1911A1 45ACP that DB's father has carried every since Korea.</div></div>
Apparently there was a break down in common sense here. I frequently keep weapons in vehicles. I make sure I remove them when the vehicle removes my control. This includes loaning it out or leaving it for service.
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: TX COWDOC</div><div class="ubbcode-body">Deputy indicates that the pistol is US Army property and threatens to confiscate it.</div></div>
This is most likely one of two things. Either the Deputy is a moron (possibly). Or more likely it's a bluff. Bluffs are used quite frequently to either achieve the attitude adjustment that was desired or to prevent future activity (i.e. a dumbass with a pistol).
I have at least one rifle marked "US Property" and many other items marked US or Government Property. All are legally owned and were properly transferred from the Gov to me through DRMO, CMP, etc. For the Deputy to confiscate the weapon for anything more than a "safety hold" the owner would have to be charged with a crime. For the forfeiture to be permanent he would have to be found guilty. To be found guilty there would need to be some record that the property in question was not properly released from government control. In the case of a Korean war era 1911, this would probably take some detective work. Not something a county prosecutor is likely to want to pursue unless someone was a dumbass and got nipped for another charge as well (like transporting narcotics, etc.).
None of the above should be construed as legal advice and all is given from the viewpoint of a sworn officer in the great state of Indiana. Texas law may be more restrictive on what officers can and can't do. (State's Rights).
Lastly, NEVER, EVER assume you know more about your rights that the officer unless you ACTUALLY DO and can state in a court of law. Almost 99.99% of the time when I hear "I know my rights" it's usually followed by some of the stupidest shit I have ever heard and in no way, shape or form reflects the intent or words of the Bill Of Rights, US Supreme Court or State and Local Case Law.
Exercise your Rights. Just make sure you know what they are first. </div></div>
To add to this, I would say when someone knows it well enough to quote the code by number and cite the code verbatim.