cops stop driver, search car, take Xbox, tells driver to bring receipt of proof of ownership

[Liberal_in_LA]

WTF!

http://www.cnn.com/video/#/video/us/2008/11/21/nguyen.xbox.taken.by.cops.wftv

http://www.wftv.com/news/18018574/detail.html

Deputy Takes Man's Xbox During Traffic Stop
Wednesday, November 19, 2008 – updated: 8:20 am EST November 20, 2008

ORANGE COUNTY, Fla. -- The Orange County Sheriff's Office is trying to explain why a deputy walked off with someone else's Xbox following a traffic stop. The owner says he was in a car that got pulled over at Silver Star and Hiawassee roads for speeding, but instead of issuing a speeding ticket the deputy took his Xbox.

The owner showed up with the original box and receipt to claim his Xbox, but when deputies looked for it they couldn't find it in the evidence room.

Orange County deputies stopped Kenyatta Hillman and his friend on Friday afternoon for speeding. When deputies pulled them over, they searched the car because they said they smelled marijuana. They didn't find any drugs, but found an Xbox with eight games.

"He said, 'When you got your receipt and box and we'll meet someplace, you show me your receipt and I'll give you your game.' I didn't understand them," Hillman said.

The deputy ran the serial numbers and it did not come up as stolen, but he took the game system anyway. He told Hillman he wanted to make sure no one reported it stolen. Deputies told Eyewitness News there had been a lot of burglaries in the area and Xbox systems are hot.

Hillman then took his empty box and receipt to the sheriff's office to get his Xbox, but no one was able to find it.

They said, 'We don't know what is going on. It was no arrest, no police file, no case. We can't find it,'" Hillman said.

Hillman believes he was stopped because he's poor and the because of the way he looks.

"It's probably the neighborhood. It's probably, look at me, because of my hair, the way I dressed," he said.

When Eyewitness News called the Orange County Sheriff's Office, a spokesperson said they couldn't find the gaming system because it had not yet been transferred to the evidence room.

Later, Hillman got a hold of the supervisor, Sgt. Hosey. Hillman said Hosey told him he had the system and would give it back.

"'I can't do anything this week. I'll call you Friday and I'll meet you Friday and then give you your Xbox back,'" Hilman described.

The sheriff's office said it does not believe Hillman stole the system and he is free to pick it up. The sergeant who is handling the situation said he'll give it him Friday because he is busy during the week.

http://www.talkxbox.com/article2855.html

So the police officer decides to be extra safe and run the serial number of the Xbox 360, to make sure it wasn't stolen. The system comes up clean, but the officer takes the console anyway. After these events Hillman follows the officers instruction and shows up to the sheriff's station with his receipt, and Xbox 360 box. "They said, 'We don't know what is going on. It was no arrest, no police file, no case. We can't find it," Hillman said.

After getting the run-around, Hillman was able to get into contact with a supervisor at the department who informed him that they did have the Xbox 360, and it would be available for pick up on Friday. When prompted by the local media as to why the console couldn't be located the first time Hillman asked for it, a spokesperson said it was "because it had not yet been transferred to the evidence room."


Wow, that sure does have the makings of a suspect entertaining situation! I mean were the cops honestly, just doing a their job? Or were they trying to give this poor guy the shaft? I guess we'll never know, at least the poor guy will be getting his Xbox 360 and game back.

[4lbs]

1. He should sue them for a brand new Xbox 360 Elite with the same 8 games.

Who knows what they could have done to the system in the meantime?

[Liberal_in_LA]

5. and what if the driver didn't have his receipt? He'd be out his Xbox. Amazing.

[Lorien]

12. All because he was driving while black, no doubt

An African American coworker of mine who has done very well for himself and drives a nice vehicle gets pulled over and searched all the time here in Orlando. The sheriff's department here is unbelievably corrupt. Hell, I got fined $265 once for driving THREE MILES over the speed limit. I suspect the real reason for the fine was my liberal bumper stickers, but it's tough to fight these crooks. I hope he gets his game back. He's lost a lot of time with the hassle, though, and he'll never get a return on that!

[4lbs]

13. Probably. I used to think DWB wasn't real until I rode with an African-American friend of mine.

He was driving, I was the passenger. This happened in Los Angeles.

He got pulled over about 3 times in the 4 hours we were on the road performing various errands. He hadn't done any moving violations I knew of or any turn signal or brake light issues, yet the LAPD just flared their lights and sirens and pulled him over. Checked his license and registration and let him go each time.

I guess a black man driving a Lexus sends up a red flag.

When I drove by myself I almost never got pulled over. Maybe once every few years at most.

[glowing]

15. Oh its true, my boyfriend in college was driving late at night into Charleston

from Myrtle Beach.. and they pulled him over, searched the car.. with the dogs and all.. and had a gun held to his head. I think this is abuse.. but there's nothing he could do, these procedures are in the manuals...

[magellan]

2. Any bets this Xbox is at the officer's home

...either being used or tucked away for his kids for Xmas? Bet he never thought Hillman would take his complaint this far. He just thought he had scored a free gift.

[Liberal_in_LA]

4. It WAS in his home. Boss told him to get his ass back to work with the Xbox. Clearly this was theft

[sandnsea]

3. Is there citizens' oversight boards in Florida?

This is just crazy. You can't take people's property away from them on a traffic stop. Why is this tolerated.

[flvegan]

6. Hey, Hillman...lawyer up and sue the shit out of them.

Only way it's going to stop.

[Liberal_in_LA]

7. Driving while black with an XBox while wearing dreads

[wildbilln864]

8. Those police officers stole the man's property and ....

the department is covering up their crime! Pure and simple. :grr:

[struggle4progress]

24. 2008 Florida Statutes. Title XLVI. Chapter 812. 812.13 Robbery

(1) "Robbery" means the taking of money or other property which may be the subject of larceny from the person or custody of another, with intent to either permanently or temporarily deprive the person or the owner of the money or other property, when in the course of the taking there is the use of force, violence, assault, or putting in fear.

(2)(a) If in the course of committing the robbery the offender carried a firearm or other deadly weapon, then the robbery is a felony of the first degree, punishable by imprisonment for a term of years not exceeding life imprisonment or as provided in s. 775.082, s. 775.083, or s. 775.084 ...

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0812/SEC13.HTM&Title=-%3E2008-%3ECh0812-%3ESection%2013#0812.13

[Cirque du So-What]

9. This story is typical of a pattern that I'd like to see addressed

The police in some states are confiscating not just property but huge amounts of cash from drivers. In the name of the so-called 'war on drugs,' they are taking cash and property on the flimsiest of pretexts, placing the burden of proof upon the driver to prove legitimate ownership.

Here is a link to the first of a four-part NPR series on this problem:

http://www.npr.org/templates/story/story.php?storyId=91490480

As long as these theft victims remain predominantly black, however, don't look to conservatroids for any assistance in rectifying this state-sanctioned crime.

[Sen. Walter Sobchak]

10. My GF's disney transplant parents live out there

and her father will rant about the sheriff's office and Sheriff Kevin Beary for hours.

[ecstatic]

11. I guess they can't steal cash anymore so they're shifting to personal

belongings. Happens all the time in certain areas--this guy is one of the few victims who actually reported the theft.

[Divine Discontent]

14. an old friend broke the law (theft), and they took the items in his trunk worth $300

and even though he bought them with is credit card and showed me, he was never given them back, and just to not get on the cops in the small counties bad side, he didn't press it. So, that doesn't surprise me - and, oh yeah, he's in FL!

[Not Me]

16. Orange Co (FL) Sheriff's Office has been corrupt for some time.

Starting at the top.
The neighborhood in question is (surprise) primarily black. A different kind of law is practiced there.

The Sheriff will be out in January and a new one sworn in. I am hoping to see a different way of operating.


Former Sheriff Bubba


New Sheriff-Elect:


(edit- typo, pix)

[tblue37]

17. Yeah, he'll be getting it back, after jumping through a whole

bunch of hoops and then being forced to wait an unconscionably long time for it, even after he had proven it was his and that it had been taken from him quite improperly.

I think the officer needed an Xbox and figured this poor fellow wouldn't still have the box and the receipt to prove it was his--and also maybe that he would be afraid to come down to the station to tussle with the cops to do so.

[Snotcicles]

18. The ACLU should go after this one like a Pitbull after a T-Bone steak. nt

[1monster]

19. No. The cops were NOT just honestly doing their job. No stolen property report

matched the X-Box serial number equals NO REASON FOR CONFISCATION.

My guess is that the officer reasoned that most people don't keep their receipts for long, thus the owner would probably not be able to reclaim the X-Box. No owner to reclaim X-Box would mean the officer just got a Christmas gift for himself or his kids.

That explanation also fits why the X-Box was unavailable when the owner called for it, receipt and original box in hand.

I'm not in any way suggesting that all cops are bad and/or theives. But there are bad folks in any line of work and covering for a bad cop makes those covering bad cops too.

Wow, that sure does have the makings of a suspect entertaining situation! I mean were the cops honestly, just doing a their job? Or were they trying to give this poor guy the shaft? I guess we'll never know, at least the poor guy will be getting his Xbox 360 and game back.

[struggle4progress]

21. Yep, it's armed robbery masquerading as a law enforcement action

[struggle4progress]

25. 2008 Florida Statutes. Title XLVI. Chapter 839. 839.24 Penalty for failure to perform duty required

of officer

A sheriff, county court judge, prosecuting officer, court reporter, stenographer, interpreter, or other officer required to perform any duty under the criminal procedure law who willfully fails to perform his or her duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0839/SEC24.HTM&Title=-%3E2008-%3ECh0839-%3ESection%2024#0839.24

[kenny blankenship]

20. Another cop who belongs in jail

I wonder if Officer Velcrodidgets carries a receipt on him for his gun? If not it may just have to be confiscated from him --along with that badge.

[Blue_In_AK]

22. I guess the cop wanted an XBox.

They're not above stealing themselves, you know.

[Odin2005]

23. This is so blatantly theft, armed robbery at gunpoint. That "cop" belongs in jail.

This was a "Driving While Black" incident, no doubt.

:grr:

[proud2BlibKansan]

26. My son had one of those fake Rolex watches you can buy in Mexico and got pulled over

He wasn't even driving; his friend was. They were both 16 or 17. So the cop pulled them over and said their car matched the description of a car seen leaving the scene of a burglary. So he tells the boys to get out of the car and he takes my son's watch. He wants to know where a teenager got an expensive Rolex watch. And he claims one of the items taken in the burglary was a watch. My kid told him it was a fake and his parents bought it for him in Mexico but the cop didn't believe him. So based on that watch alone, he took the boys into custody and called us and the other kid's parents. So we go down to the police station and have to tell this cop where our kid got this watch before they will release our kids.

His friend's parents were a lot angrier than we were. They called an attorney who met us all at the station and made a bunch of noise about harassing our kids. We were okay with it until the desk sergeant tells us we should be thankful the cop was so vigilant and maybe this will teach our kids to stay out of trouble. I went off on him and said no, it is just teaching him that cops are stupid and can't be trusted.

A few weeks later, his friend's mom called me to tell me their lawyer got the report on the burglary and there was no watch on it. :grr:

[Canuckistanian]

27. I would have reported the robbery and an EXACT description of the thief

And also made a copy to send to the local media and the Orange County Internal Investigations Department (or Ombudsman).

Simultaneously.

[Pithlet]

28. That cop should be arrested for theft.

That's awful.