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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 10-29-2004, 07:07 PM
bunr1foru2000
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Cops had warrant for marijuana, they found a gun, can I be charged for the gun?


What is the name of your state? North Dakota
Here is my deal. This guy I know got money from and informant and came to my house to buy some pot. The cops followed him to my place without him knowing. He left and delivered it to them and was arrested. The cops went and got a warrant for my address stating they were looking for "namely the controlled substance marijuana, and indica of trafficing in controlled substances which constitutes or may constitute evidence of a criminal offence in violation of the laws of this state." During the search they found a 10 pot plants growing and a unregistered 9mm hand gun, which they have not charged me with yet. I am on the other hand being charged with manufacturing marijauna and intent to deliver marijauna. My question is can they charge me later for the gun or if they cant because it wasnt stated in the warrant can they use it as evidence in my trial.
  #2  
Old 10-29-2004, 08:25 PM
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Quote:
Originally Posted by bunr1foru2000
What is the name of your state? North Dakota
Here is my deal. This guy I know got money from and informant and came to my house to buy some pot. The cops followed him to my place without him knowing. He left and delivered it to them and was arrested. The cops went and got a warrant for my address stating they were looking for "namely the controlled substance marijuana, and indica of trafficing in controlled substances which constitutes or may constitute evidence of a criminal offence in violation of the laws of this state." During the search they found a 10 pot plants growing and a unregistered 9mm hand gun, which they have not charged me with yet. I am on the other hand being charged with manufacturing marijauna and intent to deliver marijauna. My question is can they charge me later for the gun or if they cant because it wasnt stated in the warrant can they use it as evidence in my trial.
I think they can if it's the law in your state that hand guns must be registered ? Hopefully it's not stolen like many other unregistered hand guns found in places that require registration. In my state Florida you don't have to register them but they do have to do a federal background check before selling it to you.
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Old 10-29-2004, 10:39 PM
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In the warrant did it specify where they could search? Because if they were only allowed to search lets say your room, and they went into the... i dunno bathroom and found the gun then they cant do anything about it because they searched a place other than the place that was specified on the warrant ( of course, they can screw you over if you gave them permission to search anywhere else).
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Old 10-29-2004, 10:43 PM
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Since marijuana can be packaged in bundles significantly smaller than a handgun, chances are the gun is in and it can be charged if there is a violation of law for possessing an unregistered handgun in ND.

Many states also have sentence enhancements for possessing illegal firearms along with drugs. You better hope ND isn't one of those states.


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