can i be arrested if it's not my house?

[pirategirl68]

What is the name of your state (only U.S. law)? ca

if the cops do a knock and talk at my friends house and they are let in to search, can I be legally arrested for a gun that isn't found on my person? especially if they claim they are there looking for a certain person? or if the same situation occurs while being a passenger in a car, where the driver takes off and the cops know that the car is not mine? especially if I didn't know there was a gun in the car? any advice with these questions is greatly appreciated. thanks

 

[Just Blue]

What is the name of your state (only U.S. law)? ca

if the cops do a knock and talk at my friends house and they are let in to search, can I be legally arrested for a gun that isn't found on my person? especially if they claim they are there looking for a certain person? or if the same situation occurs while being a passenger in a car, where the driver takes off and the cops know that the car is not mine? especially if I didn't know there was a gun in the car? any advice with these questions is greatly appreciated. thanks

If you are prone to these illegal situations, you should have an Criminal Attorney on permanent retainer.

 

[OHRoadwarrior]

In a friends house? Possibly, it would depend on where the gun was. Definitely if you are on probation. In a friends car, possibly, it would depend on where the gun was. Definitely, if you are on probation.

 

[tranquility]

Probable cause is facts and circumstances that would lead a reasonable person of like training and experience to believe a crime has been or is occurring.

If you were a felon and were in a house where a gun was on the table, I'd say the police might very well have probable cause to arrest you. If you were not a felon, but a stolen gun was found in the back closet of your friend's house, I'd say there was not probable cause to arrest. We can add other facts like other's statements or physical evidence, but you can't know until you lay out an actual scenario. Same for the vehicle. A firearm in the passenger compartment would be assumed to be known it was there by all in the vehicle; in the trunk, probably not. Well, unless there was the smell of a recently fired firearm inside the passenger compartment or.....(insert your own facts that would lead a reasonable person to believe something).

 

[pirategirl68]

Probable cause is facts and circumstances that would lead a reasonable person of like training and experience to believe a crime has been or is occurring.

If you were a felon and were in a house where a gun was on the table, I'd say the police might very well have probable cause to arrest you. If you were not a felon, but a stolen gun was found in the back closet of your friend's house, I'd say there was not probable cause to arrest. We can add other facts like other's statements or physical evidence, but you can't know until you lay out an actual scenario. Same for the vehicle. A firearm in the passenger compartment would be assumed to be known it was there by all in the vehicle; in the trunk, probably not. Well, unless there was the smell of a recently fired firearm inside the passenger compartment or.....(insert your own facts that would lead a reasonable person to believe something).

great answer about the attorney! but in regards to the house situation, it was found inside a closed closet. don't think it was stolen, but not sure. would that be stated in the charges? and in the car situation, it was in a shopping bag behind the drivers seat. had no knowledge it was there. and, how would a person prove they had no knowledge? thanks for your replies.

 

[Silverplum]

great answer about the attorney! but in regards to the house situation, it was found inside a closed closet. don't think it was stolen, but not sure. would that be stated in the charges? and in the car situation, it was in a shopping bag behind the drivers seat. had no knowledge it was there. and, how would a person prove they had no knowledge? thanks for your replies.

This has happened to you twice??

 

[tranquility]

great answer about the attorney! but in regards to the house situation, it was found inside a closed closet. don't think it was stolen, but not sure. would that be stated in the charges? and in the car situation, it was in a shopping bag behind the drivers seat. had no knowledge it was there. and, how would a person prove they had no knowledge? thanks for your replies.

ALL the facts, not just a couple. 4th amendment issues use the totality of the circumstances to decide. You have to know what the cops knew or thought based on all the evidence. It would not be stated in the charges. It would have to be proven beyond a reasonable doubt at trial. You asked about legal arrests. That is far different from if a person would be convicted of the crime arrested for.

 

[dave33]

What is the name of your state (only U.S. law)? ca

if the cops do a knock and talk at my friends house and they are let in to search, can I be legally arrested for a gun that isn't found on my person? especially if they claim they are there looking for a certain person? or if the same situation occurs while being a passenger in a car, where the driver takes off and the cops know that the car is not mine? especially if I didn't know there was a gun in the car? any advice with these questions is greatly appreciated. thanks

It takes very little to arrest someone. So, the short answer is yes.