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illegal search and siezure

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quincy

quincy

Senior Member
Here is a link to People v. Ray, a California Supreme Court decision on emergency aid exceptions to warrantless entries and police "seizures" of what is found upon entry:

https://www.courtlistener.com/opinion/1160875/people-v-ray/

Maybe Mikehallbackhoe will return to clarify how what was taken by the police was found - and how he knows that a closet had to be searched to find the guns, etc.

I sort of question the "safe keeping" explanation for the items taken, if these items were not in plain view.
 


Zigner

Zigner

Senior Member, Non-Attorney
quincy said:
Here is a link to People v. Ray, a California Supreme Court decision on emergency aid exceptions to warrantless entries and police "seizures" of what is found upon entry:

https://www.courtlistener.com/opinion/1160875/people-v-ray/

Maybe Mikehallbackhoe will return to clarify how what was taken by the police was found - and how he knows that a closet had to be searched to find the guns, etc.

I sort of question the "safe keeping" explanation for the items taken, if these items were not in plain view.
Click to expand...
It's possible that the police were aware of the weapons in the house and didn't "search" for them. I can (and should) notify both my local police and fire department about my weapons in my home.
 
quincy

quincy

Senior Member
Zigner said:
It's possible that the police were aware of the weapons in the house and didn't "search" for them. I can (and should) notify both my local police and fire department about my weapons in my home.
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Possibly.

If there was a search of the premises, however, that would seem to fall outside legitimate emergency aid activities.
 
G

gryndor

Member
I'm in CA, and when I found my dad had passed, I called 911. He had left a letter "in case something happened to him" in which he described where his valuables were, how to access them, including a couple firearms. The police, having read the letter, took those firearms as their only owner was now deceased. I had to register them into my name and go through several hoops to recover them, but honestly... I imagine now-ownerless guns floating around would make law enforcement rather nervous.

In the end, I got everything released to me. Irritating? yes. Understandable? also yes.
 
Zigner

Zigner

Senior Member, Non-Attorney
Whoa, let me be clear. It is my opinion that I should report the information. Why? Because, in a fire, the ammunition I store can present a serious hazard to the first responders. I really don't know if there is any legal requirement to report it at the local or state level, but I feel that it's what I should do even if there's not.
 
D

doucar

Junior Member
If there was a search of the premises, however, that would seem to fall outside legitimate emergency aid activities.

Which is a moot point, because the only one with standing to raise the 4th amendment issue is dead.
 
quincy

quincy

Senior Member
doucar said:
If there was a search of the premises, however, that would seem to fall outside legitimate emergency aid activities.

Which is a moot point, because the only one with standing to raise the 4th amendment issue is dead.
Click to expand...
Based on what has been said here, I agree it is a moot point. :)
 
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