Sale of Vehicle By Representative...

[Barbi_Dahl]

This is a rather unique situation and is very lenghty, however I shall keep it as brief as possible while still presenting the facts of the situation...Anyone who could help me, it would be greatly appreciated being my brothers life is depending on it...

I am going to ask this information one item at a time...

My brother acquired a vehicle from someone whom he believed to be a representative of a gentleman who was arrested earlier this year on MMJ case in Colorado...This woman was living with MMJ arrestee at his home in Highlands Ranch...She asked my brother to assist her in moving everything out the the home that had been raided...After assisting the woman, she told my brother she was told to liquidate everything to raise bond money for her friends bond, the MMJ arrestee...My brother then gave the lady money for the vehicle she had driven that day...My brother transferred title and ownership after she provided him the a signed title, the vehicle and keys...

After MMJ arrestee bonded out he attempted to get the return of this vehicle claiming he didn't get the money paid...He was from another county and attempted to report it stolen where my brother lived...The MMJ arrestee was told he needed to go to the country in which he lived and speak to detectives...

Now I am curious is this a criminal situation or would it be civil??? My brother gave the money for the vehicle in good faith that the woman who was with pervious owner would be actiing in good faith...

 

[army judge]

Was the woman's name the only name on the title?

Was her name on the title?

In what name(s) was/were the vehicle titled?

Did your brother know the woman?

Did your brother know the man?

How did your brother pay the woman?

Did he receive a receipt?

What is on the receipt?

How much money did your brother give the woman?

What is the book value of the vehicle?

 

[Barbi_Dahl]

Further details...

The womans name was not on the title....

However, it is signed by the MMJ arrestee, or so it appeared...
The title had been signed prior to the events that occurred from
what I could tell, but of course it is not absolute...I believe it
was a safety precaution incase an arrest did happen with the MMJ
dispensory...

Yes, my brother knew the woman for a long time prior to this...

No, he had never met the MMJ arrestee who owned the vehicle...

He paid her in cash...
However, the only receipt of this was the title and bill sale...

He paid her $1,300...
Which is the approximate value of the vehicle...

 

[army judge]

That was a foolish thing to do.
You never buy a car when the seller isn't present.
Your brother might be charged with a crime.
He could be sued for the money the arrestee never received.
If he is, he should counterclaim against the female.

I think none of these things will happen.
MMJ arrestee is bogged down with bigger problems.

 

[Barbi_Dahl]

Wish it was that easy...

Well, the MMJ arrestee went to the police in the city where my brother lived...
He was told he had to file in the county in which he lived...There was an over-
zealous cop that heard my brothers name and next thing there were 20+ officers at my brothers home...When my brother arrived in the vehicle and stepped out onto the sidewalk next to the yard in which he parked, he was surrounded...They did don't file stolen vehicle on him but they did enter the curtiledge of the home and viewed a gun on the floor board of the vehicle...

Question: Since he was more than an adequate distance from the vehicle, do they need a warrant to come onto the property which allowed them to see into the vehicle...Is this anything even close to the ruling on Olm earlier this year...Or is it considered the evidence in the case was at risk even though my brother was handcuffed and arrested on the sidewalk???

 

[army judge]

Well, the MMJ arrestee went to the police in the city where my brother lived...
He was told he had to file in the county in which he lived...There was an over-
zealous cop that heard my brothers name and next thing there were 20+ officers at my brothers home...When my brother arrived in the vehicle and stepped out onto the sidewalk next to the yard in which he parked, he was surrounded...They did don't file stolen vehicle on him but they did enter the curtiledge of the home and viewed a gun on the floor board of the vehicle...

Question: Since he was more than an adequate distance from the vehicle, do they need a warrant to come onto the property which allowed them to see into the vehicle...Is this anything even close to the ruling on Olm earlier this year...Or is it considered the evidence in the case was at risk even though my brother was handcuffed and arrested on the sidewalk???

The only answer an intelligent person would give you, is this is gonna be one big deal.
You can bet the police account of things will be ironclad and replete with detail.
Your brother needs to lawyer up and shut up!
The heat has just been applied.

This smells like a set up on the part of the MMJ arrestee and his untrustworthy female companion.

Is it time to make a deal?

Do you want what's behind door one, door two, door three, or will you plead not guilty?

 

[Barbi_Dahl]

Yes....It has turned into a huge deal...You are very correct there...

they filed on him federally in march...stuck now trying to figure out a loop-hole or defense to this mess...I fear its beyond that now however...

Thanks for your input...Its pretty much is what I feared...

 

[mightymoose]

As it is described, I don't see an issue with search warrants. There was no reason to enter the home though.
The discovery of the handgun on the floorboard of the car sounds legitimate as it is described.

 

[army judge]

Yes....It has turned into a huge deal...You are very correct there...

they filed on him federally in march...stuck now trying to figure out a loop-hole or defense to this mess...I fear its beyond that now however...

Thanks for your input...Its pretty much is what I feared...

Does the gun have a legal owner?

Perhaps, the gun belonged to the previous owner?

That, however, can best be determined by your brother's attorney.