illegal search and siezure

[mikehallbackhoe]

I am in california, and live in a small town ,population 3500 or less. Last friday my father in law, who resided on the other end of town, died in his home at the age of 81. life alert called paramedics, but he died on scene. a deputy came and searched his home, removing his wallet, jewelry box, documents of his trust, and three rifles, which were in his closet. I was not notified of his death, but found out through a friend. my wife and I went up there the same day, and noticed some of the missing items. we called the sheriff dept, and a deputy came out and informed us that he took the items to the sheriff dept for safe keeping. we went directly to the sheriff dept to claim our stuff, and were told to come back monday, we came back monday, and were told that they couldn't give us the stuff that day, and to come back later in the week, we were also told that getting the three rifles back would be "tricky". was this procedure legal?

 

[doucar]

Which procedure legal? While the search of the home may be borderline, they aren't going to charge your father with a crime, so no harm no foul. If they found evidence that you committed a crime, again only your father could raise a 4th amendment claim, and no harm no foul.
If you asking if the procedure to get your father's guns back, not enough information to render a guess.

 

[Zigner]

... we went directly to the sheriff dept to claim our stuff ...

What stuff do you think is yours?

 

[Ohiogal]

All of that stuff is part of your father's estate. Probate court would need to handle it.

 

[mikehallbackhoe]

my wife and are listed as is only heirs on the trust, my question is not are the items mine, my question is was it legal for the deputy to search his house without a warrant, and take the stuff

 

[Zigner]

my wife and are listed as is only heirs on the trust, my question is not are the items mine, my question is was it legal for the deputy to search his house without a warrant, and take the stuff

The questions are related. You are asking about claiming "our stuff". I am asking you what you believe is yours. The fact is that those items belong to the estate, not to you. It seems logical that the police would secure weapons in this type of situation until the proper steps are taken to transfer ownership.

As for the other items - it may or may not have been proper for the police to secure those items, but the only entity with any real beef is the estate.

 

[adjusterjack]

my wife and are listed as is only heirs on the trust, my question is not are the items mine, my question is was it legal for the deputy to search his house without a warrant, and take the stuff

You, or your wife, may have to go to the probate court and get papers appointing you, or her, as representative of the estate. I realize that the purpose of the trust is to avoid that but you are likely to need the court appointment to convince the Sheriff's department that you have the "authority" to claim the items.

Being in California, and depending on the types of rifles, you may have to jump through hoops because of California's firearms laws.

 

[zddoodah]

we went directly to the sheriff dept to claim our stuff

Our stuff? You meant his stuff, right?

was this procedure legal?

I think what you're asking is whether it was legal for the sheriff to take custody of valuables of a deceased individual who lived alone. The answer is that it's not illegal.

You mentioned "documents of his trust." If you believe you are an heir to your father's estate or entitled to something under his trust or that you are now the successor trustee of the trust, then I suggest you retain the services of a local probate attorney to help you with this.

my question is was it legal for the deputy to search his house without a warrant, and take the stuff

The question about a warrantless search is moot for the reasons that "doucar" explained.

 

[Taxing Matters]

my wife and are listed as is only heirs on the trust,

That's great, if the trust was the owner of the items in question and you have proof of that. Do you? If you do, then the trustee of the trust is the one with the right to recover those items.

my question is was it legal for the deputy to search his house without a warrant, and take the stuff

We'd need more information on why the officers did what they did to provide a complete answer to that. The first part of your question about whether it was a legal search is essentially yes because the only person's whose privacy rights were implicated in the search was your father in law, and being deceased at the time of the search he no longer had any expectation of privacy and is certainly in no position to challenge the search anyway. Anyone else who might be implicated in a crime from that search has no standing to challenge it because the search did not affect their privacy rights. As to your second part about whether the officers lawfully removed the stuff, that can only be answered after knowing why they took it.

Why is there an urgency to get this stuff back so quickly? I'd think that other concerns, like any funeral services for your father-in-law, etc., would be more important in the days immediately following his death than repeatedly trooping over to the sheriff to ask about this stuff. It hasn't even been a week since his death.

 

[quincy]

... Why is there an urgency to get this stuff back so quickly? I'd think that other concerns, like any funeral services for your father-in-law, etc., would be more important in the days immediately following his death than repeatedly trooping over to the sheriff to ask about this stuff. It hasn't even been a week since his death.

Perhaps dad's items need to be sold to pay funeral expenses?

 

[Zigner]

Perhaps dad's items need to be sold to pay funeral expenses?

It's possible, but I doubt that's the intent here. The OP believes the items are now his and his wife's and he wants their items back.

 

[quincy]

It's possible, but I doubt that's the intent here. The OP believes the items are now his and his wife's and he wants their items back.

True. That's certainly what it sounds like.

 

[Taxing Matters]

Perhaps dad's items need to be sold to pay funeral expenses?

Maybe, but the OP stated that the officers took:

...his wallet, jewelry box, documents of his trust, and three rifles, which were in his closet.

That's not a list of stuff, other than perhaps the jewelry, that I would think all that useful in raising cash to pay those funeral expenses. And moreover, one would think there was a whole lot that the cops didn't take still in the home that might be used for that if it were necessary. I'm just having a hard time seeing the urgency over these sorts of items. There is more to this than we have been told.

 

[LdiJ]

Maybe, but the OP stated that the officers took:



That's not a list of stuff, other than perhaps the jewelry, that I would think all that useful in raising cash to pay those funeral expenses. And moreover, one would think there was a whole lot that the cops didn't take still in the home that might be used for that if it were necessary. I'm just having a hard time seeing the urgency over these sorts of items. There is more to this than we have been told.

I think it is really weird that the police took the documents of his trust.

 

[Zigner]

I think it is really weird that the police took the documents of his trust.

Yes, that does sound strange. It makes me wonder if the police actually took a safe (or other container) that held firearms or ammunition, and that safe (or other container) also contained the paperwork.