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Pompano man, 85, gets back weapons seized by Sheriff's Office
Robert Weinstein got his pistols back after a hearing Wednesday morning in Broward Circuit Court. On Monday, at a hearing Weinstein, 85, did not attend, Broward Circuit Judge Dale Ross signaled which way he was leaning.Ross questioned Mila Schwartzreich, the lawyer representing the Broward Sheriff's Office, about the weapons seizure. "Just as a kind of a query, what legal authority does the sheriff or anybody have to walk in to someone's home and take property?" Ross said. "Don't we call that, in the business, stealing?" Schwartzreich said state statute allowed the taking of property when there is a breach of the peace, which Ross again questioned. "Breach of the peace was when Mr. Weinstein threatened suicide," Schwartzreich said. Ross did not seem satisfied. "What happens is Mr. Policeman shows up at your house and routinely confiscates property," Ross said. He called the sheriff's deputies' actions "well intended," but added: "You don't really have authority to take them. And now, lo and behold, they won't give 'em back." The court is the only entity that can inquire into Weinstein's mental fitness, he said. If Ross decides the pistols should be returned, Schwartzreich said the sheriff would have no objection. Ross said: "If the guy does the worst, the agency can say, 'We didn't give 'em back, the court did.' And that's what we're doing here." Weinstein, of Pompano Beach, was mourning Dana, his wife of 61 years who had recently died, when his weapons were taken for safekeeping by the Sheriff's Office in February. According to a BSO report, he told authorities he "wanted to blow his head off." The retired bar and restaurant owner was upset because three weeks after his wife's death, her remains were not yet at the funeral home that was to bury them. BSO helped resolve that issue and Mrs. Weinstein's remains were buried. Weinstein was taken to a hospital for medical evaluation. He was not arrested, nor was he institutionalized against his will under the Baker Act. Barry Butin, on behalf of the American Civil Liberties Union, represented Weinstein for free. Weinstein said he turned to the ACLU for help when he thought his civil rights had been violated. An ACLU spokesman said he believes this is the first time in the organization's 90-year history that it has helped a gun owner retrieve his weapons from law enforcement. Posted by: Nimble Spemble 2010-07-21 |
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