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Questions: Felon in possession of a firearm

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ihjk78

Junior Member
Police obtained a warrant to search the residence of Person A. The search turned up a gun and ammo found in a locked safe in Person A’s room. Person A is a felon.

Person B owns the home and is also a convicted felon. He was not aware of the gun and had no access to the locked safe. The police are not after Person B and did not arrest him. Person A was later arrested and released on bail.

Person A plans to say that the police should have also arrested Person B, but since they didn’t, they have no just cause to charge him. This will be his defense. This will be Person A’s 3rd strike.

Will Person A really be able to beat these charges?

What legal ramifications will this have for Person B?

How long is a search warrant active for? Can they come back and arrest Person B and/or search the premises again?

Thanks for any help.What is the name of your state (only U.S. law)?
 


HomeGuru

Senior Member
Police obtained a warrant to search the residence of Person A. The search turned up a gun and ammo found in a locked safe in Person A’s room. Person A is a felon.

Person B owns the home and is also a convicted felon. He was not aware of the gun and had no access to the locked safe. The police are not after Person B and did not arrest him. Person A was later arrested and released on bail.

Person A plans to say that the police should have also arrested Person B, but since they didn’t, they have no just cause to charge him. This will be his defense. This will be Person A’s 3rd strike.

Will Person A really be able to beat these charges?

What legal ramifications will this have for Person B?

How long is a search warrant active for? Can they come back and arrest Person B and/or search the premises again?

Thanks for any help.What is the name of your state (only U.S. law)?
**A: is this a real situation or a homework question?
 

ihjk78

Junior Member
It's a real situation. I just want to make sure Person A can't pin any of his crimes on Person B. He needs to take responsibility for his own actions.
 

CdwJava

Senior Member
Person A's attorney will fling as much monkey poo as they can against the wall and hope it will stick. That attorney's job is to create reasonable doubt to a jury and a court.

As for the search warrant, if they want to come back they will need a new warrant. However if person B is a felon and is on parole or probation, depending on what state you are in, they probably do not need a search warrant.

Person B will be in trouble only if person A can somehow show that person B had access to the gun. Now, if your stuff ... er, person B's stuff was in the safe, then that defense might be a good one. In such a scenario it could be possible that A and B go down together.

- Carl
 

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