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manda007

Junior Member
What is the name of your state? california

I have a friend that was arrested for possesion of a firarm. The
police entered her apartmemt without consent, but they used the justification that because my friends roomate's boyfriend was on probation and because he had some of his belongings stored in a shared detached garage, it gave them right to enter my friends apartment even though the police were repeatedly told that the roomates boyfriend did not live in the residence. Has my friends rights been violated or is my friends roomate's boyfriends probation caused reasonable warrant to search the residence?:confused:
 


CdwJava

Senior Member
It is not against the law to possess a firearm ... so why was your friend REALLY arrested? Was the firearm stolen? Was it an assault weapon? Was she a convicted felon? There was SOME reason she was charged, and it was not for simply possessing a firearm in her own apartment.

Your friend can have her attorney argue to suppress the evidence as a result of an improper search. However, if the probationer was living in the residence, had free access to the residence, had his possessions there, or had the address listed as his official residence, then the police may very well have good cause to conduct the search.

- Carl
 

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