Weapons, Guns, Firearms Unsuccessful House Raid

[gobucs99]

Hello,
My house was recently raided by the police. They had a search warrant with false information from an informant that there was drugs and money at my house. Well the informants information was not true and the police found no drugs and no unusual amount of money, but they did find a bong which they took and did not charge us with. Neither of us were arrested. They also took a handgun and a rifle both which were legally owned. My brother who lives there was awaiting trial for a felony on a completely different issue/event. The guns belonged to him technically speaking. He has not yet been found guilty of a felony or any criminal charge for that matter in his life.

Were the police entitled to take these guns? Can I get them back somehow?

And i know they had what they thought to be "reasonable cause" to raid my house, but they used information from a convicted felon and a patient of a methadone clinic(the informant) as basis of reasonable cause and in turn, ripped my house apart and caused damage to my furniture and my car and in turn found nothing more than a bong, which is not what they were looking for according to the search warrant. Is a convicted felon really a reliable enough source to get a search warrant approved? I am entitled to any reimbursement for my damaged property being that they didn't make an arrest?

They took my keys and searched my car too, which they still found nothing, but don't they need a seperate warrant to search my car?

Im not screaming victim here but i do feel like my rights were violated and would like to know if the police conducted this in an ethical manner and if they broke any rules/laws.

Thank you for any constructive insight in advanced.

 

[gobucs99]

anyone??? shed some insight!!!

 

[CdwJava]

Were the police entitled to take these guns? Can I get them back somehow?

That depends on why the police are holding them and under what legal authority they seized them. You might want to check with the agency to see what they have to say about the weapons. Then, perhaps, you might want to consult an attorney.

State laws vary on the subject so it might help to know what sate you are in.

And i know they had what they thought to be "reasonable cause" to raid my house, but they used information from a convicted felon and a patient of a methadone clinic(the informant) as basis of reasonable cause

I have yet to come across an informant who is not similarly tainted. They are not recruited from church choirs.

and in turn, ripped my house apart and caused damage to my furniture and my car

You can submit a claim for damages to the agency employing the officers.

Is a convicted felon really a reliable enough source to get a search warrant approved?

It can be, sure. There is a greater test for reliability, but whether the police needed to rely on the credibility of the informant or whether they had something more may depend on what other information is contained in the affidavit to support the probable cause used to obtain the warrant.

I am entitled to any reimbursement for my damaged property being that they didn't make an arrest?

You are permitted to make a claim for reimbursement, but there is no entitlement to reimbursement, no. If the agency denies your claim, you may have to take them to small claims court.

They took my keys and searched my car too, which they still found nothing, but don't they need a seperate warrant to search my car?

Not if it was included on the warrant ... they'd be foolish not to include a provision allowing a search of any outbuildings, vehicles, locked containers, etc. found anywhere on the property.

Im not screaming victim here but i do feel like my rights were violated and would like to know if the police conducted this in an ethical manner and if they broke any rules/laws.

No way to know given the information thus far provided.



- Carl