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July 2013 - IAPE Monthly News
Ask Joe!
Each month, IAPE's primary instructor, Joe Latta, answers one of your questions. Consider writing us if you have a question that needs an answer. We would love to hear from you. To submit a question for Joe to answer here, use our Contact Us page.

Question:
Hi Joe,

Several weeks ago I attended an IAPE Property and Evidence class in Winter Haven, Florida. During the discussion regarding Safekeeping Guns you mentioned that some departments have established fees for the storage of firearm while they are in the custody of the department while being held under the authority of a Restraining Order. Did I understand that correctly?

 

Thanks,

Got Lots Of Guns

 

Answer

You did hear that from me! In the State of California and several others, their statutes allow their city council to adopt a fee schedules for various services including firearm storage in domestic cases. The following is the text in the California Code, to provide you with an example of what creative solutions there may be.

 

California Family Code 6389 (e)

A local law enforcement agency may charge the respondent a fee for the storage of any firearm pursuant to this section. This fee shall not exceed the actual cost incurred by the local law enforcement agency for the storage of the firearm. For purposes of this subdivision, "actual cost" means expenses directly related to taking possession of a firearm, storing the firearm, and surrendering possession of the firearm to a licensed dealer as defined in Section 26700 of the Penal Code or to the respondent.

 

 I have included an example of the form that is used by several departments in California. 

Gun Form

One state in the northeast has a statute allows for the firearms to be stored in a bonded storage facility for the duration of the owner's prohibitions. Just thinking our of the box for the storage of our stuff!

 

Regards,

 

Joe Latta
News Story of the Month
Ceremony to Mark Anniversary of DNA Milestone
July 1, 2013, wnyt.com * by John McLoughlin

ALBANY COUNTY - These days, the use of DNA is commonplace in criminal cases, especially murder cases. But few people realize that it all began in Albany County (NY) 25 years ago this month, and later this month, a ceremony will be held to mark the anniversary.

In July of 1988, for the very first time in the state and in the nation, the use of DNA evidence was approved in a murder case and then upheld by the appellate courts, paving the way for what is now routine criminal procedure.  At the time, the cops convinced the prosecutor to try to get DNA from accused murderer George Wesley admitted into evidence.

Wesley was charged with the vicious murder of an elderly and developmentally disabled Albany woman.

The hearings lasted for months, expert witnesses testified, including a Nobel Prize winner, and the late judge Joseph Harris, for the first time, allowed the DNA. Wesley was convicted and sentenced to 38 years in prison. Sol Greenberg, the DA back then, understood how DNA would change criminal justice, the way fingerprints had once changed it.

While DNA has put away George Wesley and thousands more like him. Thanks to Judge Harris' ruling, 309 wrongly convicted inmates have been freed so far, thanks to the science. Later this month, a plaque goes up outside Judge Harris' old courtroom, marking the landmark decision.

link to video:
Ceremony
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In This Issue
2013 Class Schedule
(In 2012 over 1/2 the classes were sold out!) 

Birmingham, AL
July 23 - 24, 2013
(Sold Out - Call for Wait List)

Moline, IL
August 7 - 8, 2013
(1 seat left)

So. San Fran, CA
August 13 - 14, 2013
(Sold Out - Call for Wait List)

Riverside, MO
August 27 - 28, 2013
(2 seats left)
 
Albuquerque, NM
September 10 - 11, 2013
(30 seats left)

Warren, OH
September 23 - 24, 2013
(18 seats left)

Harrisburg, PA
September 26 - 27, 2013
(6 seats left)

Minneapolis, MN
October 1 - 2, 2013
(30 seats left)

Sandy, UT
October 16 - 17, 2013

Gwinnett Co,  GA
October 29 - 30, 2013
(20 seats left)

Portland, OR
November 5 - 6, 2013

Harvey, LA (New Orleans)
November 19 - 20, 2013

Burbank, CA
December 3 - 4, 2013

Fort Collins, CO
December 9 - 10 , 2013
 
Las Vegas, NV
February 24 - 25, 2014
 
Call for details on sponsoring a class!

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