Hi, new member, need legal advice

[stickytires]

What is the name of your state? Massachusetts

Hello all. I'm in need of some legal advice for a friend.

The other day two detectives and an ATF agent came to his house without a warrant and entered home without consent after the door was opened.

They came to check on his guns, he is legally licensed to carry. Upon checking, they found an illegal gun (serial scratched). Also, they stated that his guns were not stored properly because it wasn't in a safe, It was in a file cabinet. That is a federal crime they said.

They also said he bought ammunition for someone that has been recently incarcerated for illegal gun/drug possesion at a different location. He admitted to doing this, providing ammo back then.

They took him downtown for questioning and released him, took his gun license. They told him they own him and want more info about other crimes they think he knows, which he doesn't. If he doesn't give info when they call, they might charge him.

Now my question is:

Did they need a search warrant? They said they didn't need one because they're the ATF.

Should he consult and attorney immediately?

 

[gawm]

Yes & Yes.

 

[CdwJava]

Did he have an FFL? If so, then he likely could not refuse the search for firearms.

As for entry, unless he forbade them entry, opening the door and standing out of the way can be considered implied consent. Absent his telling them to get out, they may have legally had consent to enter. This is fact specific to the details at the scene.

He needs to consult an attorney.

- Carl

 

[stickytires]

Did he have an FFL? If so, then he likely could not refuse the search for firearms.

What is an FFL?

 

[CdwJava]

What is an FFL?

Federal Firearms License ... in other words, does he have a license to buy and sell firearms?

- Carl

 

[ENASNI]

Espn

What is an FFL?

Fantasy Football.




(sorry Carl )

 

[The State]

What is the name of your state? Massachusetts

The other day two detectives and an ATF agent came to his house without a warrant and entered home without consent after the door was opened.

Now my question is:

Did they need a search warrant? They said they didn't need one because they're the ATF.

Should he consult and attorney immediately?

1) Do they need a warrant? Probably, but not necessarily!

If they had probable cause sufficient to obtain a warrant, coupled with an exigent circumstance that made obtaining a warrant impossible or impractical in timely manner, then they could legally enter without a warrant.

2) Does he need to hire a lawyer? If he has been charged with a crime, or wants to get his property back, or file a ss 1983 suit, then yes. Otherwise, there isn't much a lawyer will be able to do for him.

The State

 

[gawm]

1) Do they need a warrant? Probably, but not necessarily!

If they had probable cause sufficient to obtain a warrant, coupled with an exigent circumstance that made obtaining a warrant impossible or impractical in timely manner, then they could legally enter without a warrant.

2) Does he need to hire a lawyer? If he has been charged with a crime, or wants to get his property back, or file a ss 1983 suit, then yes. Otherwise, there isn't much a lawyer will be able to do for him.

The State

Now your getting the hang of this forum