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California Gun seized in warrant for my roomate. I own the property.Gun was inherited Weapons, Guns, Firearms

Discussion in 'Criminal Charges' started by josieb2, Nov 17, 2011.

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  1. josieb2

    josieb2 Law Topic Starter New Member

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    Quick version
    Police came on a Thursday, the day prior to the actual day in which they took the items that I am being charged with (1- shotgun and 1- 22 caliber rifle), at approximately 8AM. They stated to me that they were looking for a tenant of mine. They were told I unsure if he was in the room he rents from me and granted entry to look for him at this time they were directed to his room and I was told to remain downstairs while they poceeded upstatirs. The tenant was not in there room so they proceeded into my part of the house to search after being told clearly more than once that he was not in my part of the house. After this they proceeded back downstairs to search other tenants rooms whom also rent at my residence. They saw that he was not anywhere in the house and left shortly after this. They told me that they would be back and I had no problem with this matter, which was to arrest him for a warrant. For him to be in my house with a warrant was not acceptable to me and I had no problem for them to return when he returned home, and arrest him.

    He returned home later that day in which I stood next to him while he made a call to the court about this. He told me that he was going to handle this immediately. I proceeded to evict him at this time due to this negilegence to handle this matter which created this incident to occur. I fealt violated due to the fact that after searching his area of occupancy, they continued into my space. My dogs had guns pointed to there head as well as officers stating “Get the dog someone, I’m going to shoot the fucker” He was inside my room and when they came into my room they came fact to face with my dog. This was the end of this subject, for this day only (again please remember this day was still Thursday)

    Friday police appeared , they proceeded in the front door upstairs without announcement. I was washing dishes in in my kitchen upstairs. I heard a loud bang, at this time I turned to see officers rushing in shouting loud “get the dog or I will shoot him again” I did get the dogs.By the time I restrained the dogs, I noticed that the tenant whom which they were looking for was being taken downstairs. I was immediately told to go outside to my front yard while they continued to search my entire house including all my personal property upstairs which was not anyplace he had access to at anytime. There was a dog brought in shortly after, I was told the dog was a bomb sniffing dog of some sort. I was not restrained while waiting outside but told I could not re enter until they were done. It was about 2 hours before I was let back into my residence.Again this is after they had the tenant in custody. They told me that there was also a gun found in his room, I did not witness this for myself, nor did I see this firearm.
    The police told me that I was to not proceed any further after this incident in anyway or else I would be
    Sorry that I did that. The officer held up a shotgun I inherited from my grandfather and father ( This has been in my family many generations , I believe they are both antiques)The officer stated to me “ This is going to look real nice on my wall” The guns were taken at that time. I was reminded from the officer whom took them and stated that last statement to me “ If I don’t cause no problems , there would be none. He said he would make it ugly if I tried”.

    I was never told that I was being charged with these firearms and after the police officers words with a reminder before he left, I sure did not want to have any further problems. Theses items have sentimental value tremendously and I fealt that there would be no way to track. I presumed they were not ever logged in due to the officer saying “ they would look real nice on his wall at home”
    I was unanware these items were still inside the residence due to my inheritance of my mothers house when she passed away. She had boxes up to the ceiling as well as in all areas rooms of this house. These items were not knowingly possessed in any illegal way. I did not believe I was commiting a crime.

    One important thing I the owner am a convicted felon approx. 6-7 years back for drugs Never any violent Crimes.
    Comments/ questions

    Is the warrant valid to search my personal area of residence as well as personal belongings?
    Am I able to get theses items back in any way?
    Are theses items considered antique?
    Does it make a difference if they are antiques?
    Why was there bomb dogs to search my entire house?
    Why did they bash all doors in including my garage door after they had him in custody?(They could have asked me to open it instead of bashing it in)
    Once he was detained they were to leave or continue into my personal area ?
  2. army judge

    army judge Super Moderator

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    Why don't you hire a lawyer and discuss these questions with the lawyer?
    In fact, you can consult with a lawyer for free during the initial meeting.
    No one on this forum can answer your questions properly.

    I can tell you that as a convicted felon (doesn't mater what type of felony), you are not allowed to own or possess any type of firearm.
    I can tell you that the firearms you described don't fit the one exception to that in your state, black powder firearms.

    I find it very hard to believe that any police officer would make the asinine statements that you attribute to the ones that arrested the wanted felon on your property.

    I think a court will have trouble believing that, too, especially coming from a convcted felon.
  3. mightymoose

    mightymoose Moderator

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    Hard to say without knowing more about the warrant itself.

    Maybe. There is a frustrating procedure to go through regarding the return of weapons, however your status as a convicted felon may complicate things. Perhaps another family member might recover them?

    If they are as old as you say, then they are probably antique.

    I don't think so.

    They may be trained to locate firearms, however my suspicion is that they were looking for drugs.

    I can't answer that- however I can tell you that you can submit a bill to the agency for the cost of the repairs. Hopefully you took pictures of all the damage they caused.

    Again, this depends on the type of warrant. If they had only an arrest warrant, then it sounds as if the police went way beyond their bounds. If they had a search warrant, or both, then the language of the warrant would determine what they were allowed to search.

    As for the conduct of the officers, if you choose to you can make a formal complaint at their department. I suggest you do so in writing and in the format suggested by the agency. If you make only a phone call nothing will ever be addressed. A written complaint should be handled by an internal affairs officer- but that does not mean any action will be taken.

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