PDA

View Full Version : A few ?


Digital_Hate
05-13-2009, 7:57 AM
My buddy lives with his parents and brother. His brother is a big pot head. I guess bigger then we thought. Well this morning thier house Got raided. My buddy has a clean record, was not listed on the warrent. But he got his 38 revolver and lower taken by the police. Lower had l p k installed,bullet button and a 10/20 in the mag well. 1 are they allowed to take property of some one not on the warrent.2 what does he have ve do to get his stuff back.3 he cant find the reciert for the lower does that matter

HowardW56
05-13-2009, 8:05 AM
Call a lawyer... Without one, the odds are that he'll never get anything back!

bondmid003
05-13-2009, 8:16 AM
This has happened before, if you search through the theads here there is a post about a guy who's guns were confiscated by Anaheim PD after they served a warrant on his father.

fuegoslow
05-13-2009, 8:17 AM
That sucks! My understanding is that the warrant is for a location/address. This gives the authorities permission for search and seizure of anything they feel is contraband or associated with a crime (widely open for interpretation). Anything "found" is subject to investigation. So serial numbers will be run. If there's no receipt for purhase, you may want to contact the FFL for a copy of the DROS paperwork. In any case, consider the cost of replacing said items with the cost of retaining a lawyer. Some if not most lawyers offer free consultations. Good Luck.

rabagley
05-13-2009, 9:19 AM
Short answer: he's basically screwed because the assertion is made that since the drugs and the guns were found in the same house, anything in the place searched can be included in the drug contraband.

A father recently lost his gun collection to the police because his son got raided while living in with father.

Longer term solution: vote against the War on (some) Drugs and until that anti-Constitutional disaster ends, don't shack up with stoners or let them into your house.

Adonlude
05-13-2009, 9:41 AM
If one of my house mates got in trouble and the cops came a knockin with a warrart they could go through and search my private room with a locking door that I pay rent for?!?!?! How about my private safe within my private room? I hope not!

Turo
05-13-2009, 9:45 AM
How about my private safe within my private room? I hope not!

I'm wondering that as well. I wonder if they can make you unlock it or something, because I know I won't be doing any such thing.

aileron
05-13-2009, 10:09 AM
If one of my house mates got in trouble and the cops came a knockin with a warrart they could go through and search my private room with a locking door that I pay rent for?!?!?! How about my private safe within my private room? I hope not!

They kick the door in. A friend of mines brother was alway in trouble with the law, and she kept her door locked to keep him out. Sure enough, cops raided the place and they kicked in her door, and ransacked the room.

You would think the 4th amendment would keep them from doing that though.


Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

lorax3
05-13-2009, 10:32 AM
. 1 are they allowed to take property of some one not on the warrent.2 what does he have ve do to get his stuff back.3 he cant find the reciert for the lower does that matter

Does the "bad" brother own the house? Usually searches are of any place that person resides including any common area, however excluding non-common or private areas. So if your friend had the lower sitting on the kitchen then the "plain sight" rule would apply. If the police had to break a lock or enter an area not usually accessible to the brother than something else may apply.

Have your friend go back to the dealer he got the lower from and get a copy of the DROS and the 4473.

I would assume, by the adjectives used to describe the brother that he would be in need of a lawyer, ask that lawyer about the seizure of those items.

It would really depend on where the items were located during the seizure, in a common plain view area or in a locked room or safe.

Other members are sure to add more info.

-lorax

Smokeybehr
05-13-2009, 11:52 AM
You need to call a lawyer right away, and tell them the story and mention the Millender case.

Here's what the DA teaching my Con Law course, and the cop teaching my evidence class said: If it's not in a common area and not in plain sight, or behind a locked door in a room not controlled by the suspect, or in a locked container not specified on the warrant, then it's probably a 4th Amendment violation.

If they had to kick in a locked door; or open a locked safe or took items that weren't on the warrant; and they took your property and didn't give you a receipt; you should have already called a lawyer.

Here's the answers to your questions:
#1: If it's specified on the warrant, is contraband, or is "fruits of the crime" they can take it.

#2: He has to file a claim for it and jump through all the hoops to get it back.

#3: He can have the dealer that sold him the lower sign an affidavit that he was the one the dealer sold it to.

laguns
05-13-2009, 11:54 AM
They can take anything listed on the warrant at the location listed.

Which PD was this?

Digital_Hate
05-13-2009, 4:53 PM
Short answer: he's basically screwed because the assertion is made that since the drugs and the guns were found in the same house, anything in the place searched can be included in the drug contraband.

A father recently lost his gun collection to the police because his son got raided while living in with father.

Longer term solution: vote against the War on (some) Drugs and until that anti-Constitutional disaster ends, don't shack up with stoners or let them into your house.

he doesnt want to shack up with stoners. he has no choice its his parents house and he cant afford to move out on his own. he already doesn't like his brother to much. He wanted to become a sheriff but was denied cuz he lives with his brother. it sucks cuz he was looking foward to becoming a sheriff to get out of the house. he is currently getting out since the sheriff thing didn't work out he joined the Marines( he goes to training in august) but i guess it wasn't soon enough

Digital_Hate
05-13-2009, 4:55 PM
I'm wondering that as well. I wonder if they can make you unlock it or something, because I know I won't be doing any such thing.

both the lower and pistol where in a small safe(little document safe type). they told him he had to open it or they would just take the safe.

Sam
05-13-2009, 5:04 PM
I'm not sure what kind of cases exactly the Calguns Foundation sponsors but you might also want to contact them. Even if a lawyer costs more than the value of the property I'd still want to stick it to the police department. Stuff like this is such a shame.

JDay
05-13-2009, 6:00 PM
both the lower and pistol where in a small safe(little document safe type). they told him he had to open it or they would just take the safe.

The police are allowed to lie to you.

randy
05-14-2009, 12:51 AM
I know nothing of the law but it seems to me the cops did the right thing taking the guns.

I'm sure you can do a bunch of legal stuff to get your guns back. Check how much it will cost vs the cost of a lawyer. The guy should get the money back from his brother and forget the guns the cops took.

umoja
05-14-2009, 1:32 AM
I know nothing of the law but it seems to me the cops did the right thing taking the guns.

I don't agree. They shouldn't even have touched his property. They were serving a warrant on his brother, not him.

fairfaxjim
05-14-2009, 6:38 AM
The "war on drugs" has actually become an attack on rights and freedoms. No actual evidence is required to get no knock search warrants - the word of a scumbag CI is sufficient. All property associated with anyone named or corralled in drug busts is confiscated and subject to siezure. Property is often siezed, charges dropped and property not returned. Guns are a favorite target of LE engaged in drug ops and task forces - many communities band a number of departments together into drug or major crimes task forces (more like dime bag task forces.) Guns and drugs siezed during these raids make for great press photo ops - guns are great because often there is no drugs found, but guns make the alleged purps look so evil that it justifies the rest of the BS.

While I have no, absolutely none, tolerance for the use and selling of drugs, I also have no respect, nor can I condone a system that has become just as corrupt and morally bankrupt as the perpetrators in the name of "solving" the problem. The agencies and LEO's that seem to regale in this behavior are as guilty of crimes, along with the politicans that give them the license to do so, as the drug smugglers and drug dealers. Besides, most of those busted in the "war on drugs" are addicts, beat down by their life of drug use, and busting them is not going to make a dent in the drug problem. In truth, alcoholic drivers do way more actual violence on society than do drug users - and alcohol is legal and considered a valuable tax revenue.

DDT
05-14-2009, 8:59 AM
There is obviously a lot more to this story than is being relayed. One isn't refused a job with LE just because they have a brother who is a pot head. Hell, even former pot heads can get a job with most LEAs.

Digital_Hate
05-15-2009, 4:40 PM
There is obviously a lot more to this story than is being relayed. One isn't refused a job with LE just because they have a brother who is a pot head. Hell, even former pot heads can get a job with most LEAs.

no there is not they asked him if any of his family members that use drugs. he didnt want to lie. so he told them his brother does. they told him he has 2 options if he didnt want to be denied in the hiring process. 1. He can move out of the house. (which he cant afford at the moment) 2 The brother has to move out. since its his parents house he has no say about that. also the brother is like 17 18ish and a stoner so you know he is not going to move out anytime soon. they said by living there with his brother he is condoning a illegal act. there for it shows poor character and judgement

sac550
05-15-2009, 4:59 PM
My mother always said a person is judged by the company you keep. I prefer the saying, if you lay down with dogs you wake up with flees.

Go to the court house and get a copy of the search warrant. They have to file a return within ten days. Contact the detective who authored the warrant and ask about getting the guns back.

laguns
05-19-2009, 8:47 AM
Where did this occur?

http://www.calguns.net/calgunforum/showthread.php?t=172349

DDRH
05-19-2009, 9:14 AM
that's eeefffeeed up, i got friends who are potheads. nothing wrong with it...not like they smoking crack. The way they put it, you have a beer a day, they spark up once a day. These guys aren't out to look for trouble. they're good working, honest people. Some got kids...the love their kids. I can say otherwise about some drunks. but that's a whole different debate.