If the police have a warrant for my arrest find guns in the house, can they automatically charge me with the weapons? 16 Answers as of October 28, 2012

I got charge with trespassing for being in a car that I didn’t know was stolen. so the police came to my house looking for me while I was at work my mom told them I wasn’t there so they still searched the house an end up finding two guns in another siblings room they are trying to charge me with the guns can they do that? I mean they didn’t even have a search warrant to search the house they just had a picture of me no paper was provided to my mom. I mean is this legal?

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Hamblin Law Office | Sally Hamblin
First you need to know if your mother gave permission to enter the house and search it. Secondly, did the guns allegedly come from the car you were charged for trespassing. Thirdly, what type of guns were they.
Answer Applies to: Michigan
Replied: 10/28/2012
Universal Law Group, Inc. | Francis John Cowhig
Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. However, the short answer is: if your Mom gave them permission to search the house they can search the house without a warrant. And they can charge you and your siblings either together or individually with possession of a firearm. Whether that will stand up in court is to be seen/ I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze your case and advise you of your options.
Answer Applies to: California
Replied: 10/24/2012
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Yes, and yes. They don't need to have a search warrant to search the house for you, only an arrest warrant. The arrest warrant does not need to be provided to your mother. She knows who you are, and you are constantly getting in trouble. It is all legal. Now you can go and retain an attorney.
Answer Applies to: Georgia
Replied: 10/24/2012
Natty Shafer Law
Natty Shafer Law | Nathaniel Shafer
You may have a good argument to get the evidence suppressed. To search a home, they either need a warrant or the consent of someone who lives their. You didn't say what your mother told the police about searching the house. Regardless, you should hire an attorney immediately.
Answer Applies to: Utah
Replied: 10/24/2012
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
There are some 4th amendment issues at play, but there are many facts not present in your question that need to be answered first. Second, there is a chance - albeit small - that there was no warrant. It happens. Finally, there is a HUGE difference between what the police can charge and what the DA can prove. Your question focuses on the wrong issue, it is not whether or not you can be charged, it is whether or not the charge will stick.
Answer Applies to: Texas
Replied: 10/23/2012
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Likely yes. With an arrest warrant, they can search your house for you. If they find contraband, you can be charged with that. Sounds like you have a record and are not allowed to be in possession/control of firearms. If the weapons were not found in your room, you were not in possession/control and the charges will not stick.
    Answer Applies to: Washington
    Replied: 10/23/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Well are you prohibited from carrying guns or having them (ie a felon). If not and they were not in your room then what basis do they have to charge you with them? Do not talk with them without a lawyer and get a lawyer.
    Answer Applies to: Michigan
    Replied: 10/23/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    if your mom gave permission to search, then they can search. if they had a warrant to search, then they can search. you can be charged with anything, but that does not mean they can prove it beyond a reasonable doubt get a lawyer, say nothing about the facts to anyone but the lawyer - if the police ask questions, just say I want a lawyer
    Answer Applies to: Colorado
    Replied: 10/23/2012
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Yes, we recommend that you retain an experienced criminal lawyer ASAP, and that you discuss all the facts and your rights and options, including potentially contesting the search, if deemed appropriate. Good luck.
    Answer Applies to: Georgia
    Replied: 10/23/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    She can legally allow the search, the guns they will have problems with unless they can prove they are yours. Sounds like you need a lawyer?
    Answer Applies to: Nebraska
    Replied: 10/23/2012
    Law Office of Mark Bruce
    Law Office of Mark Bruce | Mark Corwin Bruce
    First, you need to ask a lawyer to help you on this. There is likely a suppression motion-even if Mom said it was OK for them to search the house, they should have obtained your permission to search your personal bedroom. Further, if the guns were not found in your possession, merely in the house, it will be hard going to prove they were yours. Do not do this case without a lawyer.
    Answer Applies to: California
    Replied: 10/23/2012
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    They don't need a warrant if they have a warrant for your arrest, that is essentially their warrant... If she consented to the search they have a right to search... However, they would have to show a connection between you and the guns and that you had access to them... Get yourself a good attorney ASAP!
    Answer Applies to: New York
    Replied: 10/23/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    If they had no Search warrant, that would help you. If your Mother owns the house and she gave the police permission to enter and search, then you have problems. If they misled her with only an Arrest Warrant, then you have a tough but possibly winnable Suppression Motion.
    Answer Applies to: Pennsylvania
    Replied: 10/23/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    I would have to review the warrant and warrant application to know anything. If the had a warrant and the guns were in plain view they could be seized legally. You should get your gun rights restored before you go anywhere near a gun.
    Answer Applies to: Washington
    Replied: 10/23/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    If they did not have an arrest warrant or a search warrant and your mother did not give them permission to search, their actions are illegal and would form the basis for a motion to quash.
    Answer Applies to: Michigan
    Replied: 10/23/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    May not be. Consult with local attorney.
    Answer Applies to: California
    Replied: 10/23/2012
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