A few questions about searches.

Gsr2k6 · #1 01-24-2008, 01:57 PM

What is the name of your state? Virginia.

Its a really long story, but at the end of the day a house was raided. The search warrant specified that they were searching for "All firearms and ammunition" In the house. The entire house is searched, All guns, ammunition, cases, and various related things are taken. The homeowners were told to stay in a room and were not allowed to see what they were doing or what they ended up taking. A room was found with a small quantity of marijuana and paraphernalia. The occupant of the room was arrested for possession of marijuana.

Basically, I want to know if that is completely legal. I can give more details, but I dont know if im not allowed to give details, but the situation was ALOT more twisted than what I wrote out.

FlyingRon · #2 01-24-2008, 02:00 PM

If they have a warrant for firearms and ammunition, then they can look where ever they might reasonably expect to find such. If the drugs/paraphernalia are in a place that might conceivably hold the guns/ammunition, then it's discovery is legal and you can be charged.

There's no obligation for them to allow you observe. Eventually you should get an inventory of what was siezed.

Absent the "twisted" details or some specific question that's about the best we can do.

Gsr2k6 · #3 01-24-2008, 02:09 PM

Well I dont know if it will make any differance, but all of the weapons in the home are legally registered and were all in plain view, we would have simply told the cops this had they asked. The reason for the raid of the house? 3 Shots fired while test firing a weapon. The officer who led the raid came to our house the day of the incident. Take into mind that 2 police officers in the last few months have came to the house while we shot and told us that it was perfectly legal. However the third cop had it out for us and said "I cant prove your doing anything wrong today, but I will eventually. If it was up to me I would just take you into the woods and settle this like men". The next time we see that officer? With 5 or 6 other officers pointing guns at a woman holding a 2 month old baby, then proceeding to push the door into her.

I just think its odd that they thought a full blown raid was neccisary. Nobody ever came to the house to retreive the firearm that was invloved or to make us aware of the warrant out for a reliatives arrest. We had nothing to hide, It was perfectly legal what we did, we had permission from the only occupied dwelling within 100 yards, except it was not know because it was our roomate who got it. The cops never asked the actual people living in the house if they gave us permission.

The Occultist · #4 01-24-2008, 02:57 PM

Quote:

Originally Posted by Gsr2k6

Well I dont know if it will make any differance, but all of the weapons in the home are legally registered and were all in plain view, we would have simply told the cops this had they asked.

Um, the whole point of the warrant/raid was an attempt to discover any firearms you might not have had in plain view. That's why they call it a "search" warrant. I, and the officers, have no doubt you'd be more than willing to show them all legally registered weapons.

Gsr2k6 · #5 01-24-2008, 03:44 PM

Do you really think a raid like this was needed though? The search warrant said "Firearms and ammunition related to the incident on **/**/**" The rifle was in plain sight, we told them where the others were, they told us to "Shut up or be put in handcuffs". Today we called and they told us they had to take all the firearms in the house to test to see which was fired. Which would be impossible because they are all shot reguarly and at this house none the less. Like i said, this is not the first time a cop has come out to talk to us about it. Because stupid neighbors dont get the picture. In the last few months we have had 2 officers come out, word for word one said "If I lived out here I would be shooting my guns too, Have a nice day." The other one said it was all perfectly legal, and suggested maybe we put up a backdrop and offered to help set one up AND COME SHOOTING.

I just dont understand why all of this happened over such a simple matter. Its one cop who didnt like us.

By the way, the rifle was a AK-47. A legally registered gun with a bad reputation. Had it been a .22 the cop would have simply left. He told us this.

Zigner · #6 01-24-2008, 04:05 PM

The execution of the warrant sounds perfectly valid. It doesn't matter if WE think it was "needed".

Get off the dope.

I know you don't want to hear that answer...

Gsr2k6 · #7 01-24-2008, 04:36 PM

FYI it actually wasn't me who got charged with possession, Buddy. Well I can see the police have more support than I here, its true. Ignorance of the law is no excuse, aparrently even when multiple cops tell you its fine.

xylene · #8 01-24-2008, 04:57 PM

Policemen are not lawyers (only a few) prosecutors or judges.

Never EVER take legal advice from a police officer who has been called to your door.

VA law suggests (well more than suggests) that is it not may well not be legal to discharge a firearm inside a residence for the purpose of test firing.

I don't know what else to tell you. The search was legal and the fruit of that search (the weed and the pos. arrest) were also legal.

Don't shot guns in residential areas and don't keep weed in a place with weapons.

The police did a big favor by not arresting all the house residents, as they well could have.

Gsr2k6 · #9 01-24-2008, 07:16 PM

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