Arrest, Search, Seizure, Warrant Safe or Unsafe

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kromm

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While I was restrained from my home , The local police without my consent ,knowledge or a warrent to enter the home .Looking for Assult rifles that did not exist ,but I was accused of possesing within the restraining order placed upon me , Drilled out the lock on my $2,250.00 fire rated Browning Gunsafe ,without any warrent opened it and found no assult rifles or anything else illegal that I did not have the right to posses.They took 1 winchester lever action rifle out (they say) closed the safe & locked it. the safe is now damaged and cannot be opened due to their method of entry. The safes were inside the House which is a Family Trust owned property of which I am One of two of the Trust Beneficiaries, and the only person that resided in the home at that time . Can the Police do these things? Im not a fellon and have never even been acused of a felony. What can I do , what options might I have ? I am being searched and harrassed on sight by the P.D. I've done nothing wrong. are my rights being violated here?what can I do?
Please Help , KROMM
p.s. there is more to this saga but it may
fall under Trust law.
 
Who was in the house when the cops came?
 
It is going to depend on state law (and I don't recall where your state was listed) and the authority the police were acting under. It might be that they had articulated some kind of an exigency, or there was a probation or parole order - or maybe even an order in the R/O permitting the seizure of the weapons. Without knowing all the facts, you will have to bring this up to your attorney.

Also, you DO realize that most R/O's REQUIRE you to relinquish all firearms, correct?

- Carl
 
When the police came to the house , The realtor that placed 1 of 2 R/O's against me was there, additionally the locksmith . The realtors intentions were to list the home for a $$ commission aprox. $30k , his R/O against me enabled them to remove all my property rendering me helpless to look after my property.I am an Ironworker by trade , all of my tools and equipment I use was also stolen ,Welding machs. ,grinders.saws,drills ect..
 
I live in Orange Co. California . there is no parole or probation, I've never been in any trouble or arrested. Im not a felon. The listing realtor & my own brother , both of which wanted me out of the house I lived in for 40+ years so they could sell it. They both worked together & fabricated claims that I threatened them , they lied and have no proof at all. yet the police practically sent a SWAT team based on unfounded accusations.
 
Whether the police had sufficient grounds to make entry and search for the weapons depends on the total circumstances. i can't imagine they just came in willy-nilly to break into the safe - it's very likely there was sufficient cause. But, only an attorney who can access all the information can say for sure.

If someone made knowingly false and malicious accusations against you in order to obtain the restraining order, you might have a cause of action against them should you be able to prove the allegations were made knowing them to be false. Otherwise, it seems you were lawfully ordered from the home, and the police were permitted entry by a responsible party. if you have a civil suit, it most likely lies with the people allowing the police to make entry.

It sounds as if there is a lot going on here. It may benefit you to speak to an attorney.


- Carl
 
The problems began when the realtor lied , saying "I threatened his life" to the police,whigh was totally untrue.Despite the truth what is right or Wrong the police came to my home and arrested me for terrorist threats. Taken right out of my front door and cuffed.while in the back of the police car & still in front of my home , a friend of mine happened to come over to visit ,and not knowing what was going on at all. My house was wide open so I asked if I could give my keys to my friend so he could lock my house. instead they proceeded to interrogate and harass him ,then arrested him also. so they still had my keys now. I was booked at the PD & sent to county Jail, The D.A. rejected all charges against me and after 3 days I was released. BUT within the first 10 hours in custody the PD went back into my home "WILLY-NILLY" (thats how cypress PD does things) with my keys and searched the whole place but took nothing this visit.Within 1 day after I was released uncharged due to NO evidense I got served the first of the two R/O and could not return to my home or even get in so I could turn in my guns myself. The PD in based upon a lie that I had assult weapons .They found no assult weapons only legitimitly registered firearms that I fully had the right to own & possess , they took them & did not even attempt to notify me they were even in my home , without a warrent . My home has since been sold Im told it is in escrow now . Its been since May 10,2007 since I was last in my home, the removed everything I owned and stole my tools. Where is the justice?
 
There has been nearly 20 incident reports attached to my address also since I've been ousted . I can account for 4 on my behalf, the rest is a mystery. In more than 40 years living in the same home the police never had cause to respond to my home ,good,bad or otherwise. ?
 
kromm said:
The problems began when the realtor lied , saying "I threatened his life" to the police,whigh was totally untrue.Despite the truth what is right or Wrong the police came to my home and arrested me for terrorist threats.
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An arrest is made for probable cause. That is, all the police need is probable cause to believe that a crime was committed and that you committed the crime alleged. This does not mean there is even sufficient evidence to go to trial, but it is sufficient for an arrest.

If you can PROVE the Realtor knowingly lied, you might have a cause for action against the Realtor.

instead they proceeded to interrogate and harass him ,then arrested him also.
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I'm going to guess that he either had a warrant or was also suspected of some offense - whether related or not, who knows?

I was booked at the PD & sent to county Jail, The D.A. rejected all charges against me and after 3 days I was released. BUT within the first 10 hours in custody the PD went back into my home "WILLY-NILLY" (thats how cypress PD does things) with my keys and searched the whole place but took nothing this visit.
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I suspect that they went back with cause. Apparently with cause or consent they felt was sufficient to justify the entry. You will have to hire an attorney to challenge that supposition. I doubt they will say they went back for the heck of it and decided to drill the safe.

They found no assult weapons only legitimitly registered firearms that I fully had the right to own & possess , they took them & did not even attempt to notify me they were even in my home , without a warrent .
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Again, I'm going to suppose that there is some dispute over who has a right to the home so you will likely have to litigate the issue.

As for the guns, you cannot have them when you are subject to most restraining orders.

My home has since been sold Im told it is in escrow now . Its been since May 10,2007 since I was last in my home, the removed everything I owned and stole my tools. Where is the justice?
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They cannot sell YOUR home without your consent. OBVIOUSLY, there is more to this tale, and just as obviously, you are not the owner of the home.

If you feel you were screwed out of your property, consult an attorney.

- Carl
 
It would help if you explained who owned the home, who was listed as beneficiaries of the Trust. You definately need to hire a lawyer to sort this all out. Also, since the D.A> didn't prosecute you maybe he would be willing to help you and get the R.O.s removed (I don't know if they can do that or not but worth a try). You may be able to sue in civil court for the return or the cost of your tools and possessions but they are probably worth more than the suit would allow you to claim, but something is better than nothing (if you have proof/receipts of what you owned and lost). What happened with your brother that he would do this to you?
 
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The house is owned by the family trust created by my Father in 1995 . I am 1 of 2 named beneficiaries my brother is the other. 50-50 In 2004 my father died his successor trustee was removed for misconduct and replaced by my brother. in april 2006 , he refuses to provide an accounting and has taken 2 loans against the home in the last 6 mons. 165k unnecisarily ,I have recieved nada.
 
You would need to get an Estate Lawyer and sue your brother for your share of money from the sale of the estate ( remember the lawyer will get a good chunk of that). The lawyer may be able to advise you on whether you can file criminal fraud charges against your brother and the agent who sold your home.
 
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