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  • Interference with duties

    would anyone arrest or charge a manager of a pawn shop for interfering wtih duties while in the course of attempting to find stolen firearms from a report? By interfering I mean not allowing the officer to inspect the firearms that were pawned.
    "Blessed are the peacemakers, for they will be called Sons of God - Matthew 5:9

  • #2
    In my state they're required to cooperate; maybe not in yours.

    Rather than give him a chance to refuse, I'd have somebody sit on it until I got a warrant...
    I am concerned for the security of our great Nation; not so much because of any threat from without, but because of the insidious forces working from within.

    Douglas MacArthur

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    • #3
      Depends on the circumstances. He had known stolen firearms and refused you to be able to get the stolen items? Then he would be considered a fence and I would get a warrant and go through every thing in the shop. If you just wanted to go through every firearm for the heck of it. He was probably fine.

      Here they are required to report every serial number of anything pawned to our pawn detail. Makes our life easy.
      The early bird may get the worm, but the second mouse gets the cheese.

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      • #4
        I don't know of any jurisdiction in which a Pawnbroker can refuse to allow the inspection you referenced. In Alabama, he'd be charged with "Hindering Prosecution". That's simply the rather odd title of our statute which deals with Interfering with a Police Officer. These shops are required to keep records of ALL pawned articles, and these records are open to inspection by any Law Enforcement Officer during normal business hours.

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        • #5
          Originally posted by Monkeybomb View Post
          Depends on the circumstances. He had known stolen firearms and refused you to be able to get the stolen items? Then he would be considered a fence and I would get a warrant and go through every thing in the shop. If you just wanted to go through every firearm for the heck of it. He was probably fine.

          Here they are required to report every serial number of anything pawned to our pawn detail. Makes our life easy.

          No, he didnt have any known stolen firearms that I am aware of. I was simply doing follow up investigations for firearms matching the description of those stolen in a recent burglary. In a perfect world every victim would have make, models, serial numbers, color, type (semi, pump, etc..) and distinguishing marks. All I had was a make and possible model. If I located a firearms matching any of what I had in the report, I put a hold on it and get a print out of who pawned the firearms. Once again in a perfect world, the burglar would be the one pawing the stuff. But reality is that at this point in time there is no suspect, no serial numbers on the stolen items.
          Burglaries at time take some leg work and maybe one of those guns that match what I have in the report I can generate some intelligence to find out more about that person who pawned them. To me there is nothing wrong wtih finding out who pawned the firearms and speaking to them. if the guns were indeed their and they dont come up wtih some jacked up story, keep looking.
          "Blessed are the peacemakers, for they will be called Sons of God - Matthew 5:9

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          • #6
            In California it is a misdemeanor if the pawn broker refuses to produce the item for police inspection during the first 30 days after the property has been taken in by them. I would arrest him for violating that section rather than interfering.
            Going too far is half the pleasure of not getting anywhere

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            • #7
              If you had a lawful right to actually hold and scrutinize the firearms, thus searching them, and the manager were to refuse to allow you to do so then here he could be arrested for obstructing governmental operations. If the manager were to employ physical force or threaten to do so then I suppose he could be charged with interference with a law enforcement officer, but I bet that would never be prosecuted as such.

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              • #8
                Subchapter D in this attachment may be what you are looking for:

                http://www.occc.state.tx.us/pages/Le.../rule_toc.html

                You can leverage the owner/manager with this section that addresses reporting procedures:

                §85.406. LAW ENFORCEMENT REPORTING. (a) Reporting requirements. The information on the pawn ticket must be made available to the law enforcement agency electronically or through the production of a separate copy of the pawn ticket.

                (b) Suggested electronic reporting guidelines. These suggested guidelines are intended to give pawnshops considerable flexibility to fit individual needs while providing some guidance. Modifications to the guidelines may be made without the loss of protection from any liability defense. Electronic reporting is voluntary and should occur under mutually acceptable terms to the pawnbroker and the law enforcement agency. Information reported electronically should be transmitted by a method mutually acceptable to both the pawnshop and the law enforcement agency. The suggested guidelines are:
                (1) the transmission be made using a 3.5 inch reusable diskette, CD-ROM, remote access to secure sites maintained by law enforcement, or remote access to secure bulletin boards or web sites;
                (2) the information be provided in comma-delimited ASCII text with field titles as the first record of the transmission;
                (3) the information be sent in batches no smaller than the daily activity;
                (4) the information include all purchase and pawn transactions in a single transmission; and
                (5) the law enforcement agency not be given direct access to a pawnshop's computer system.
                Source Note: The provisions of this §85.406 adopted to be effective October 1, 2000, 25 TexReg 9435.
                Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

                [George Washington (1732 - 1799)]

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                • #9
                  pop in on yor "friendly neighborhood prosecutor" ans ask what he'd prefer to file on. I'm a regular at my County Attorney's Office. They seem to appreciate it.
                  I am concerned for the security of our great Nation; not so much because of any threat from without, but because of the insidious forces working from within.

                  Douglas MacArthur

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                  • #10
                    Must cooperate--no choice. When going to another jurisdiction, I have encountered pawn shop owners not wanting to deal with anyone but the local pawnshop detectives. If that is the case, you need to get them in the loop.

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                    • #11
                      Originally posted by KenW. View Post
                      In my state they're required to cooperate; maybe not in yours.

                      Rather than give him a chance to refuse, I'd have somebody sit on it until I got a warrant...
                      That's my suggestion. Shut down the business and have an officer posted there at the door until the warrant was issued.

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                      • #12
                        We can do this the hard way or the easy way. It's up to him. I got nothing but time and I'm getting paid.
                        sigpic

                        I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

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