Just had a cop trash my house and search my room

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Originally Posted by Exacto

Technically speaking he is correct in saying you both are in violation. If your brother knew the guns were in the house, even though he did not have physical posession of a gun, he is guilty of constructive posession. Be careful of telling the police what the law is, they don't mind being scolded by the judge a little as long as it cost you alot of time and money to defend yourself. They'll arrest you anyway, cause you to get an attorney,bail out and go through alot of legal hassel and take the scolding, and as soon as they leave the courtroom, they wiil get a big laugh out of it.

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Why do people like insist in perpetrating legal myths like this?

First to the OP, do what everyone else has said. READ THE CONDITIONS OF THE HOUSE ARREST. That is first and foremost. If any of the conditions mentions that the place he is restricted to has to be gun free then you are completely SOL. However, you can still file a complaint against the cop and ask to speak directly to his supervisor over the issue of trashing your house and rude behavior.

If the conditions of the house arrest make no mention of you being able to legally keep firearms on the same property, then I would hire a lawyer asap. What the cop had done at that point was break the law and step on your rights. You can litigate for that and it will be you with the last laugh not the cop.

When you are dealing with a massive legal headache like this, the best thing to do is prepare yourself. You need to make sure you read every legal about your situation.

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Originally Posted by TX expat

I would guess that the brother signed a statement saying that there would be no weapons in the house as part of his house arrest. I don't think the OP can get in any legal trouble there since it's not he who signed or agreed to anything (I'm assuming). What would concern me is multiple officers talking about arresting him for something. I'd want to seek legal representation before they decide to come back and charge him with something.

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You sir are correct. I have not signed anything. I honestly think the cop no.1 just had his facts wrong. Cop no.2 was a pretty nice guy, he told me that all I needed to do was give all the guns except what I carry to a friend and keep the one I do carry in my car or lock box, he also said that I did nothing wrong. And could not be charged with any crime, only my brother could.bI am taking my brother to see a judge tonight because he violated his house arrest by staying in a house where weapons are kept, but I am going to speak to the judge to see if he can make an exception in my brothers terms of confinement since we do share a home. Unless a judge allows it I will just have to make a sacrifice for my Twin brother. It's only for 40 days so its not the end of the world

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Originally Posted by humblenutto

Why do people like insist in perpetrating legal myths like this?

First to the OP, do what everyone else has said. READ THE CONDITIONS OF THE HOUSE ARREST. That is first and foremost. If any of the conditions mentions that the place he is restricted to has to be gun free then you are completely SOL. However, you can still file a complaint against the cop and ask to speak directly to his supervisor over the issue of trashing your house and rude behavior.

If the conditions of the house arrest make no mention of you being able to legally keep firearms on the same property, then I would hire a lawyer asap. What the cop had done at that point was break the law and step on your rights. You can litigate for that and it will be you with the last laugh not the cop.

When you are dealing with a massive legal headache like this, the best thing to do is prepare yourself. You need to make sure you read every legal about your situation.

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Look up the legal definitions yourself, and tell me where I am wrong.

I can see that you don't want to kick out your brother, but I would have a STRONG understanding with him that repeated activity that put him (and you) in that position would get him a ticket out of your home. Don't let him do this to you again and make sure he KNOWS it. There are limits to standing by a brother when he does illegal activity that puts you in a "trick bag" too.

well Fairmont cops are bullies anyways. Trust me. I don't know what the rules are for the house arrest, but it doesn't matter to a decent amount of them.

You asked about this back on January 13 [http://www.defensivecarry.com/forum/...l#post2545992] and were advised then to check the terms of the court order. Had you done that you would have known ahead of time where each of you stand on this matter.

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Originally Posted by humblenutto

Why do people like insist in perpetrating legal myths like this?

First to the OP, do what everyone else has said. READ THE CONDITIONS OF THE HOUSE ARREST. That is first and foremost. If any of the conditions mentions that the place he is restricted to has to be gun free then you are completely SOL. However, you can still file a complaint against the cop and ask to speak directly to his supervisor over the issue of trashing your house and rude behavior.

If the conditions of the house arrest make no mention of you being able to legally keep firearms on the same property, then I would hire a lawyer asap. What the cop had done at that point was break the law and step on your rights. You can litigate for that and it will be you with the last laugh not the cop.

When you are dealing with a massive legal headache like this, the best thing to do is prepare yourself. You need to make sure you read every legal about your situation.

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possession legal definition of possession. possession synonyms by the Free Online Law Dictionary.

Regardless of what some have said about you being in the wrong by keeping firearms around your brother, the LEO's here acted incredibly out of line.

You have a right to be very upset, and if it were me I would contact a lawyer and describe the situation. It's LEO's like this that i'm sure would love to be part of the SS and think they are above the law.

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Originally Posted by Exacto

possession legal definition of possession. possession synonyms by the Free Online Law Dictionary.

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None of that matters if the conditions of his brothers house arrest do not contain legalese to that effect. Which is what I was trying to point out. The myth you are stating is that if there was no legal infraction by having the same firearms in his house as his brother that any form of restitution taken against the cops actions will have zero effect. That the good ol' boy protective bubble will take effect and the cop will only get a slap on the wrist. That is a legal fallacy and a myth. And will only happen if the OP doesn't stand up for his legal rights.

Back to the OP. Make sure having firearms in the same house as your brother is legal. If not, you can still file a complaint against the cop for his behavior regardless. You may even request a restraining order against him if you feel he may come back to cause harm against you for the complaint. I will say that if you can not find any legal reason that prevents you from having firearms in the same house as your brother then I would contact a lawyer and see what your options are. You may be able to litigate against the cops actions in the case of you being legal to have firearms in that house with your brother.

...true this...I once had a felon on parole staying with me for a coupla months...in LA...same rules...no firearms where he could conceivably access them...now...I'd have told him "Sorry, no cigar" but then I was more soft-headed...er...hearted...

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Originally Posted by Hopyard

Wow. First mistake, letting your brother in without understanding the rules of his house arrest and
what he and you agreed to with regard to him being monitored.

Second mistake, if he has ever had a felony conviction he and you should know better to have the guns in the
house. If you want to keep them, make sure they are locked up.

Third, this probably isn't the place to be posting what occurred, and though you'll get lots of free advice
it will be worth what you paid for it. And that includes my own comments.

Fourth, it is within the realm of the possible that your rights were indeed violated, but only an attorney who
practices where you live can properly advise you about how you might prevent the same thing from happening
again, while still allowing your brother to remain in your care.

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Your brother can't sign away your rights, wait until they are done with your brother and then sue.

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Originally Posted by nedrgr21

Your brother can't sign away your rights, wait until they are done with your brother and then sue.

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True enough, but OP needs to make certain he did not agree to something.

I'm bothered by the way the house was trashed. Were they looking for drugs? Does the OP know
what they were looking for and why? Or was some message being sent?

Then, OP said the brother would only be under house arrest for 40 days. If so, it sounds like
he is there for some minor matter; 40 days is a short sentence. Or, is the OP confusing bonding out and house arrest?

Is OP certain the guys who raided the house were cops and not bondsmen playing cop?

File a complaint, get a lawyer. Were you legally required to allow then access to your entire home? Or just his room? If they came to inspect him and his area why did everything suddenly center on you? Was it just the mention of a gun? I am usually pro police but when I read stuff like this, and there are two sides to every story, I get angry at the inept way some professionals conduct themselves.

Well theres one side of the story . . .

I would not post another word on this situation until a lawyer is retained!!!