Why do cops confiscate BASE rigs

[freefalle 0]

I know this should probably go in the BASE section but I put it here because I would like a varity of people to read it. I was thinking today, why do cops confiscate BASE rigs when they arrest somone at the scene of a BASE jump. Many of you guys know, Im a police officer, and this question baffles me. With the exception of places like the state parks "base jumping" is not a crime. Generally speaking people who get arrested for base jumping are charged with criminal trespass USUALLY its felony trespassing because they jump from an FCC tower or cross onto a construction site to jump a crane. Now, if someone gets arrested in a park where there is a federal statute that prohibits base jumping I can see why the cops would take a rig, ie the rig is evidence of the "crime." However, if someone lets say BASES from a tower, gets caught and gets arrested for trespassing WHY CONFISCATE THEIR RIG? the rig itself has no evidentiary value towards the charge of trespassing. If a group of people got caught climbing the tower and didnt have base rigs, they, for what ever reason just wanted to climb the damn tower, and the cops showed up, would the cops confiscate there sneakers as evidence? let me answer that....fuck no.... so why take a base rig as evidence of trespassing? Anybody ever had their rig confiscated? I am certianly NOT an advocate for bullshit lawsuits but I truly believe, if someone hired a sharp attorney they may have a good case for a civil rights violation law suit under the fourth admendment "unreasonable search and seizure" Law enforcement agencies depriving people of their property (base rigs) unrelated to the charge they are facing may be violating their rights. Another example, a transient goes into a construction sight to find a place to sleep for the night, in the morning the renta-cop security guard shows up and finds him, he calls the cops and wants the transient arrested the cops show up and are forced to arrest the transient for trespassing, do you think they would make him strip down and tag his clothes into evidence because he was wearing them at the time the crime occurred. Just a thought

P.S. I DO NOT base jump at this time. Although I appreicate the beauty in the sport of base jumping I DO NOT advocate or support violation of state, local or federal laws to engage in the sport.

[quade 4]

Quote

Why do cops confiscate BASE rigs?

Because the jumpers let them.

Why do the jumpers let the police confiscate their gear?

Because the police have guns and a bunch of other authority vested to them by the state or federal agency for which they work.

So I guess my real answer is that it's an intimidation tactic that works.

quade -
The World's Most Boring Skydiver

[freefalle 0]

na that doesnt work either, they have alot of authority but they do not have the right to violate your constititonal rights .

[quade 4]

I'm not saying they have the right to do it -- only that they do.

My guess is that if someone really questioned them on it, asked them under what statute they were given the authority to confiscate the gear (and didn't make a total asshole out of himself in the process) that the police would probably let them keep the gear as long as they weren't taking them into custody.

However, once the police decide to take you into custody, my guess is that they aren't going to let you hand off your gear to a neutral 3rd party and they sure as hell aren't going to let you take it with you inside a jail cell.

BTW, it's one tactic that is directly linked to at least one death that I know of -- Jan Davis.

quade -
The World's Most Boring Skydiver

[Zenister 0]

simple. Punishment, for having more fun than they are..

____________________________________
Those who fail to learn from the past are simply Doomed.

[motherhucker 0]

Quote

I DO NOT advocate or support violation of state, local or federal laws to engage in the sport.

I WHOLEHEARTEDLY DO ADVOCATE AND SUPPORT VIOLATING THEM...ALL OF THEM.

[Malfunction 0]

Quade, I agree with what you said. Only, there is a catch. How is it possible to speak to an officer of the law, under arrest, without sounding like a smartass and having it used against you in a court of law? Besides jumpers letting the officers confiscate the rig and the officers doing so without statute, it is more like an unspoken rule than anything. Cops do it and don't know why, jumpers let them and don't know why. Maybe we should educate them all...

I may disagree with what you have to say, but I shall defend to the death your right to say it.
- Voltaire

[quade 4]

Quote

How is it possible to speak to an officer of the law, under arrest, without sounding like a smartass and having it used against you in a court of law?

You're telling me that you've never sweet-talked your way out of a traffic ticket or other situation?

You gotta brush up on your communication and personal relationship skills (and maybe your Jedi powers).

Try this;

"These aren't the 'droids you're looking for."
"You don't need to see his identification."
"He can go about his business."
"Move along. Move along."

quade -
The World's Most Boring Skydiver

[Zenister 0]

ROTFLMAO...


of course you can be a smart ass, so long as you are legally correct, and you've got a third observer to back you up (video cameras in squad cars are excellent witnesses)

there is at least one county sherriff (and probably his boss who had to sit in court with him, while he was shown to be a arrogant & harrasing dipshit) in TX who wishes he'd simply answered my questions when he pulled me over and gave me a speeding ticket based on observations and measurements he could not have possible made

____________________________________
Those who fail to learn from the past are simply Doomed.

[gerv 0]

I appreciate US law differs vastly from UK law, but isn't confiscation unlawful. Unless some crime has been committed and isn't base essentially legal. Just very frowned upon. OR is this a simplistic opinion of something i have limited knowledge of.
PRV

________________________________________
I harbour no prejudices, I hate everbody.

[mnischalke 0]

This is a very interesting subject, and I find it equally interesting coming from a person in your line of work. I can see exactly what you are saying, and it makes perfect sense to me. Why don't they strip you down to what god handed you and confiscate everything? I believe it is simply as a power issue. Most ppl would not think to question law enforcement's ability to seize items. If they did, they are not going to have an easy time of getting their gear back and would probably have to hire a lawyer to attempt to do so. That comes down to "will I spend more time and money on a lawyer fighting this or would it be easier to just go spend another $2k with Basic Research?"

This has also given me a whole other thot about fliking private property. Lets say you are caught landing off the property or on public property near the object. Lets say nobody ever saw you exit said object. Seems to me you are just flying around under a canopy. How you got there may be somewhat obvious, but if they have no real proof you were on the property, how can they get you for trespass? Maybe you were doing an illegal skydive from an ultralight at 5k at night on a single-container system. Who's to say, really? I guess my thot is, if you've left the property without any sign of being there, how can they prove you were actually there? Further, if there is an object on one property and one right next to it on another property, how can they charge you with trespass if they don't have a definitive trespass address or location?

mike

Girls only want boyfriends who have great skills--You know, like nunchuk skills, bow-hunting skills, computer-hacking skills.

[Yoshi 0]

heres a question though... if someone has a car and is tresspassing wont they inpound it? a motorcycle? a scooter? lets say someone has a snowboard and gets caught doing some tresspassing wont they confinscate the snowboard?? I wouldnt relate a base rig to the clothes on someones back or thier shoes.... it is another object completely that has no "normal" function in everyday practices (to most)

dont get me wrong I think its a crock of shit for them to take anyones gear, but I do think it is completely different from the examples given thus far to comare it to.

-yoshi

_________________________________________
this space for rent.

[quade 4]

Quote

if someone has a car and is tresspassing wont they inpound it?

Depending on the situation and where the trespass occurred, they may impound it, but I doubt they'll keep it and not ever give it back.

For instance, let's say you "accidentally" cross the boundary to Area 51 in your car. Well, the local sheriff comes out and the Area 51 security guys come out and they ask what you saw and ask if you took any photos. If so, you hand over the film and "in theory" if there's nothing on it that is classified, you get the film back, but in any case they definitely don't take your freekin' CAR!!!

And, uh, I don't know why I know this . . .

quade -
The World's Most Boring Skydiver

[stuartjl 0]

The question is the same as why do people become cops in the first place? The reason isn't that they observe lawlessness around them and want to do their bit for society as a whole. The reason is that they were bullied at school and want to avenge the other kids who teased them for being at the bottom of the class at all their subjects and prove that they were real men who could patronise anyone who exceeded the speed limit or led more interesting and successful lives then them.

[quade 4]

That was uncalled for.

That's like saying that all skydivers are criminals and just about as true.

While some may have the type of personality and history that you've described, I refuse to believe that to be true of the vast majority of them.

quade -
The World's Most Boring Skydiver

[Jimbo 0]

Quote

The question is the same as why do people become cops in the first place? The reason isn't that they observe lawlessness around them and want to do their bit for society as a whole. The reason is that they were bullied at school and want to avenge the other kids who teased them for being at the bottom of the class at all their subjects and prove that they were real men who could patronise anyone who exceeded the speed limit or led more interesting and successful lives then them.

Is it true? Is that stuff about bliss and ignorance true? Is it?

-
Jim

"Like" - The modern day comma
Good bye, my friends. You are missed.

[hookitt 1]

Quote

Quote

I DO NOT advocate or support violation of state, local or federal laws to engage in the sport.

I WHOLEHEARTEDLY DO ADVOCATE AND SUPPORT VIOLATING THEM...ALL OF THEM.

I can't disagree with ya huck

My grammar sometimes resembles that of magnetic refrigerator poetry... Ghetto

[skymedic 0]

Quote

The question is the same as why do people become cops in the first place? The reason isn't that they observe lawlessness around them and want to do their bit for society as a whole. The reason is that they were bullied at school and want to avenge the other kids who teased them for being at the bottom of the class at all their subjects and prove that they were real men who could patronise anyone who exceeded the speed limit or led more interesting and successful lives then them.

This is the biggest bunch of bullshit I have ever read. Do you actualy know any REAL cop's? these are NOT the people you speak of. most police oficers I know are not the runts in school who got picked on, they are 200 plus pound muscled up guys who can kick some ass...and are not there to pick on you now due to you BREAKING the LAW. if you dont want to obey the law such as speed limits..go some where else, where there aren't such things as laws....

Marc
otherwise known as Mr.Fallinwoman....

[mnischalke 0]

I agree that the above was totally uncalled for. I do happen to know a few cops who fit this description to a T. Fortunately for society, they are a small minority.

mike

Girls only want boyfriends who have great skills--You know, like nunchuk skills, bow-hunting skills, computer-hacking skills.

[tictoc 0]

They confiscate them because they are evidence of a crime. I think the question should be why does no one get them back. I would figure that it would be because the guilty party does not fight to get it back. Or that the juge grants fofiture of the articals in the court decision. Just as they do in drug cases.

--------------------------------------------------------
Some one must go to the edge for others to be able to find it. But if you go be sure you can make it back.

[mnischalke 0]

Flaw in that logic: Drugs are illegal. BASE gear is not.

mike

Girls only want boyfriends who have great skills--You know, like nunchuk skills, bow-hunting skills, computer-hacking skills.

[Jimbo 0]

Quote

They confiscate them because they are evidence of a crime.

Evidence of what crime?

-
Jim

"Like" - The modern day comma
Good bye, my friends. You are missed.

[lawrocket 3]

Legal Relevance might be an answer.

There are differences in trespassing. For most crimes, the prosecutor must be the element of "intent." i assume this to be true of some levels of trespass. I don't think all trespasses are strict liability offenses.

So, they must prove a person intended to trespass, and did not merely accidentally end up there. So, if a person has a BASE rig, this could provide evidence as to exactly why the person was there.

A backpack would not provide any evidence as to intent. A backpack is a backpack.

A BASE rig would provide that evidence. It is used for BASE jumping, and not as a way to tote a canopy.

This is just my legal mind working...

My wife is hotter than your wife.

[BlueEyedMonster 0]

Quote

So, they must prove a person intended to trespass, and did not merely accidentally end up there. So, if a person has a BASE rig, this could provide evidence as to exactly why the person was there.

Yup yup thats the answer, he beat me to it. But my question is then. They must return the gear after the ticket is paid or the jumper is found innocent, correct?

[sducoach 0]

Sounds like a group of skydivers..................

Fact is, you break the law you pay the price. If you don't like it, don't do it.

Either quit complaining, get elected to the city council and change the law, or pay up.

Blues,

J.E.

James 4:8