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Guns seized from search warrant, how can i get them back?

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  • 8bflylow
    Junior Member
    • Jun 2007
    • 35

    Guns seized from search warrant, how can i get them back?

    A little background to what happend, its been a long 3 days, apologize for the long story but it leads up to what happend and hopefully provides enough information for good advice or just helpful comments. Any advice help suggestions rants welcomed

    This all happend because of my girlfriends past catching up to her, i know her past but i still love her and shes is a good girl.

    My girlfriend is on parole for drug charges she commited about 2 years ago. She was using and hanging around the wrong people. They accused her of distributing. She went into state prison for a year and a half and now she has 3 months left on parole. She has been clean and doing very well. 2 months ago asian gang task force raided her house to find an empty baggy in the garage of all the boxed up stuff she had when she left for prison. They used this against her threatening to violate her parole, they countered with a setup. They wanted a "controlled buy". They keep accusing her of still selling and using and hanging around the same people. She kept crying and telling them she doesnt use and does not know anyone selling. She checks in with the PO every month and has been clean ever since she was locked up. But they wouldnt have it. They let her go and harrass her on the phone every 2 weeks or so for the controlled buy. I told her to tell her PO but she said shes afraid to because she doesnt want to anger this task force and create more problems for herself. Since they told her not to tell her PO. Basically i think they have been watching her. She has not been using and works a full time job. If shes not at work she is with me. We are on the right track and walking the right road.

    Now a little background about me. I'm Taiwanese decent 25 years old born in California. I have a clear record, the only thing i have ever been charged with is traffic violations. I do not abuse or sell drugs. I am not gang affiliated, im just a regular dude. Some of you may call me the r/c nerd when you see one at the park flying a helicopter.

    Thursday night i picked up my girlfriend from her house after work and we went to my house. On the way to dinner i made a slightly quick right turn on a residential street where a patrol unit was posted. I was stopped by the patrol car and it just so happend to be some of the guys from the asian gang unit that raided her house, they recognized my girlfriend so they pulled both of us searched us and threw us in the patrol car. They searched my car and found nothing. I sat in the car for about 2 hours. I was pulled from the car and one of them asked me if i used or sold drugs. He told me to be honest. He asked me do i sell or use crystal meth. I said NO, he said do you own any firearms or illegal firearms. Maybe i made a mistake here and should have told him no, i do not have any guns, but who knows. I said "no illegal firearms only legally registered ones". He said if i went to your house right now what would i find. I said you would find 5 registered rifles and 1 pistol. Throws me back in the car.

    All of the sudden we are on the way to my house. Upon arrival a detective or the head asian gang unit guy slams me with "i know your a thief, where is the chevy impala" I say "what are you talking about" This goes on back and forth and he claims he has video of me driving my 4runner around and stealing a chevy impala. Then he asks me about a white hooker named brittney. I said i do not know of any white hooker named brittney. I do not associate with hookers. He claims he has a picture of me and said hooker but would not show it to me. He says he has video of me stealing a chevy impala but again says u will see it later. Now all of this is crazy to me because all i do is work from 9-7pm. I clock in using a electronic fingerprint machine. I am a radio control technician for helicopters planes and vehicles. Everything he accused me of is outragous and impossible. Needless to say at that point i felt helpless. The honest truth didnt seem to even change the way this guy was talking to me. He was so persistant and just angry.

    Then the search warrant clears for my house. (doesnt a search warrant take at least a week?) They flip my house. Find my registered guns and seize them. They question me about my guns and what i do with them. I told them i shoot recreationally at west end gun club, a private range. I rarely shoot these days because of ammo prices and i have scarce ammo. They see my NRA magazines all over the place. Anyways I have a recipet here for seized property. It shows all my guns, the ammo, and various cleaning supplies that they took. They keep questioning me and my girlfriend seperatley about the stolen vehicle both of us have no clue about. They really wanted to find something because they pretty much flipped my house inside out. I actually had a chat with 2 of the nicer guys. They asked about my nra membership and i questioned their views on the second ammendment. One sheriff told me about his own ar15.

    In the end I get booked for violating 10851 (A) VC a felony charge. Again this is crazy because i really do not know anything about an impala. Im out on bail, she is still in there. My girlfriend was charged for something like parolee in possession of a firearm!? WTF?! she had no gun on her and she barely knows what guns I have in my house. Shes on parole so no bail for her.

    I would like to know my options. Funds are tight for me. I dont think i could afford a lawyer at the moment. I really have no idea about this stolen vehicle or how they can even charge me with something i am clueless about, i doubt they have evidence because its just not possible, unless its another guy that sort of looks like me. As far as the girlfriend with posession of firearm i think its just bull. They wanted drugs they didnt find any and they charge us with something they can pull out their hats. sighhh.....Stolen vehicle? what the heck? chevy impala? i rented one and its sad to say those things are terrible why would i steal that? did he mean an old 60's impala in that case those things are kinda cool? but I dont even know!?

    I will talk to some lawyers to get ideas. My main concern here, on this forum, is how do i get my prized posessions back? assuming my case is dropped which i think it will, even one of the gang task force officers said he feels bad for me and whats happend. Before he shut the door he said i had a high chance of getting my guns back. What is correct the procedure or course of action to get my firearms?
  • #2
    B.D.Dubloon
    Veteran Member
    • Nov 2008
    • 4873

    Damn, what a ****ty situation. They can get warrants very quickly, they can just call a judge and get one. I had a gun seized by SDPD in not entirely different circumstances, fortunately it was just a Charter Arms AR-7, and I just let it go. I tried for a few hours on a couple of occasions to get it back and got such a run around I just got another one.

    Good luck, at least it sounds like your charges won't stick, don't know about your girlfriend's though.

    Comment

    • #3
      bakokid
      Member
      • Nov 2009
      • 164

      sorry to hear about ur situation. a few years ago i lost all my firearms that were a family members house and the govt used some bs tricks to keep the firearms and ammo from us. back then i knew nothing of this forum, but found no help anywhere else. if u are an nra member contact them. call email and write letters to 2nd A associations and harrass the agencey that took ur weapons. id like to see a copy of the warrant, u can pm me or email jmccartney661@hotmail.com. if not i understand and if u do it would be wise to block out any info about yourself ie. address. good luck.


      anybody on here who can help this guy pleade do so. i know what its like and its a lonely place to be and pretty helpless to face the govt with no help or money.

      Comment

      • #4
        xxsleepyxx
        Senior Member
        • Oct 2009
        • 767

        If you have receipts, you will get your guns back. There is a form online where you can obtain yours back. My families were seized due to a warrant for my arrest years ago. These guns were purchased a while ago and receipts were not kept which means I had no way to return them.

        What you should really be worrying about is the harassment they give you. Never tell them sh**. You didn't have to say anything about the guns and this happened because of your words. Even after you said it they would have to have a warrant to search your house. But I think you allowed it maybe you could fight it in court and say that they didn't have a right to search your house but I think you kind of gave them a reason to and you are an associate obviously of your girlfriends'. These task force foos are playing you. They didn't see you steal no impala. What they want to know is what you did do. Because you fit the description of someone who would commit crimes and you roll with a female they are familiar. 90% they would have drugs in your house. 10% chance (in their eyes even less) that you would have a legit job and be on the straight path. I would not worry too much about the guns right now. Worry about your freedom and your girl and smarten up next time. I sure did.

        Comment

        • #5
          SJgunguy24
          I need a LIFE!!
          • May 2008
          • 14849

          A.C.L.U.
          There are 3 kinds of people in this world.
          The wise, learn from the mistakes of others.
          The smart, learn from their own mistakes.
          The others, well......they just never learn.

          "Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, almighty God! I know not what course others may take; but as for me, Give Me Liberty, Or Give Me Death!"
          Patrick Henry.

          Comment

          • #6
            Seesm
            Calguns Addict
            • Nov 2008
            • 7812

            Sounds like your GF needs to be further away from all the B.S. she used to deal with. So you said they found something in her trash right?? There is more to this I think...

            They way the task force treated you sounds like par for the course really. I stay away from people who do shady stuff and this never happens. GL I hope you get your stuff back sometime.

            Comment

            • #7
              J_B
              Senior Member
              • Dec 2008
              • 522

              She can still be charged as she's a parolee and her conditions are very clear. They just have to prove knowledge of the weapons.....there's more to this story. Of course, we only get one side.

              And good luck. Keep your head up.
              Last edited by J_B; 02-13-2010, 3:44 PM.
              Deputy Vu Nguyen #1427 EOW 12/19/07

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              Comment

              • #8
                Mstrty
                Senior Member
                • Nov 2008
                • 2443

                Possibly guilty by association.
                ~ ~

                Comment

                • #9
                  corrupt
                  Senior Member
                  • Dec 2008
                  • 1097

                  Good luck.
                  Never water another man's whiskey.

                  Comment

                  • #10
                    oddjob
                    Senior Member
                    • Jan 2003
                    • 2366

                    Bottom line is you will need to get a court order to get your guns back. Since they were seized pursuant to a search warrant you will need the order. They would also need a court order to destroy said property too. If the officer is decent enough he will get the order himself (or his designee) and return your property. Might take awhile, but you should be able to get your stuff back if everything is dropped.

                    Comment

                    • #11
                      8bflylow
                      Junior Member
                      • Jun 2007
                      • 35

                      I understand parolees should not be near any guns or in a house with guns. But they charged her for posession of a firearm. Am i missing something? she had no guns on her. I had nothing on me. These guns were at my house stored away, we were not at my house. Is this feasable?

                      Sighh... If i do get them back i will sell em all. I dont get to shoot em much anyway and its just money sitting there.

                      They found 1 empty bag in an old box that was stuffed away when they did the raid at her house. They used it against her, they really wanted a controlled buy. This task force seems very crooked. I mean they harass her and keep grinding the fact that she still sells and uses which is not true. Then they tell her not to tell her PO officer? Is that legal? Can they make someone become an informant or force someone to do a controlled buy just because they are on parole?

                      Then they lock me up for a crime I did not commit? Its crazy. There really is no more to the story of that day (thursday). Maybe there is more to the story about the stolen chevy and the clowns associated with it, i wish i knew because i have no clue. She seemed just as supprised and confused when we were being questioned.

                      Guilty by association, can u elaborate on the laws pertaining to this? im a newb to all this jargon and not a felon...

                      But i commited no crime and its impossible for them to have evidence on me, the hours they asked me where I was from 11-2pm i was at work and that can be verified. I dont even take lunch breaks, theres food there all the time. She was at work, in fact we were both chatting away on MSN. It can also be verified that she was at work. It really is as rediculous as it sounds. I go pick my girlfriend up, we decide to go eat, we get pulled, i go to jail for a crime i never knew about or committed.


                      There was about 8 or 9 sherrifs or "asian gang task force guys" most of them were nice to me except the guy that kept accusing me of stealing the car. He is the one that got the warrant and also the one that filled out the receipt for seized property...2 of them assured me I would get my guns back...when it was all over. He even said "you got a good head on your shoulders, its just bad luck and timing, you will have your day in court and you will be able to get your guns back. When i arrived at the station i asked what am i charged with? they said stealing a car but it is not in "stone" yet, what does that mean?

                      Comment

                      • #12
                        8bflylow
                        Junior Member
                        • Jun 2007
                        • 35

                        He left a number on the receipt for seized property. Ill give him a call after the court date and see what happens.

                        Also why would they take my 4runner registration that i just renewed? It expires end of this month and i already paid 150 for it. I just recieved it 2 days before. I cannot find it anywhere and it was on the dinner table........

                        Comment

                        • #13
                          CaliTheKid
                          Senior Member
                          • Oct 2005
                          • 546

                          Where were the guns stored at your house?

                          Comment

                          • #14
                            8bflylow
                            Junior Member
                            • Jun 2007
                            • 35

                            Yes the guns were stored in my house.

                            Comment

                            • #15
                              ic3h34rt
                              Junior Member
                              • Apr 2009
                              • 71

                              I think CaliTheKid was asking where the guns were stored in the house. Although I believe it does not matter as it is YOUR house and if there are no children they do not need to be locked.

                              Comment

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