Just had a cop trash my house and search my room

[AngryBadger417]

Well like some of you know my brother is on house arrest, well yesterday he went and got his ankle monitor. Today two cops came into my house without knocking or asking if they could come in (just a common courtesy to the average human being) they started tearing through all the food in the cupboards and fridge, the flipped over my couch, then they calmed Down for 2 seconds and I told one officer that I had a concealed handgun and as soon as the word handgun came out of my mouth he snapped and grabbed his gun and told me not to move, then he snatched the gun off of my waist and tried to unload it, which he couldn't because I have it switched to left handed (glock 19). So I asked if he needed help and told him that I had 2 more guns. He said no and kept tearing through my room. After 10 Mounties of him going throughy drawers and closets he ask where I had my guns "hid" so I went and got my other handgun And my mossberg 500 from underneath my bed. After all of this he arrested my brother because of my guns and told me I was lucky I wasn't being arrested for concealing a handgun without informing him I had a gun earlier. I told him it was my house and that in WV I did not have to tell him I had a gun on my person unless he asked.he didn't believe me and just slammed my door instead

So I guess there is no point to this story except that I had to deal with a very unpleasant LEO today. The officer that searched my brothers room told me that I should take my guns somewhere else even though technically my brother was not in possession of them that if officer no.1 came back he could charge my brother with a felony and violate his house arrest. I feel so wronged by the way this cop acted towards me for owning firearms. Some of the things he said made me think that he was not very pro 2a (like why do you need more than 1 handgun and more than 100 rounds of ammo what are you planning on doing)

So what do you guys think? Am I just being sensitive? How would you feel about someone coming into your home and going through your things?

[DefensiveCarry.com]

[accessbob]

Contact a lawyer.

[TX expat]

Contact a lawyer.

A good one.

[Bark'n]

If it was my house, my brother wouldn't be on "house arrest" anymore.

He'd be looking for somewhere else to be on house arrest, or staying at the grey bar hotel.

[suntzu]

A good one.

I think even a bad one can handle this one.

[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.

[AngryBadger417]

That's what I told my brother I was going to do. I understand the cop has to inspect the house, but I wasn't trying to hide anything, I told him right from the start that I had 3 guns in the house and exactly where they were but he trashed my whole house anyways. I think they could have handled like a professional instead of a bully

[theskunk]

File a complaint and get a lawyer.

[gregnsc]

There is one thing i would want to know.How can they just come in a home that's yours,without asking?I would be talking to someone about this.

[Bark'n]

There is one thing i would want to know.How can they just come in a home that's yours,without asking?I would be talking to someone about this.

I'm sure that's part of the "agreement" for being on house arrest. It was probably all spelled out in the court documents if anyone cared to read them all the way through.

Similar to posting bond with a bail bondsman. You give them the authority to pursue you across state lines and into any structure you may be hiding, without a search warrant if you fail to appear in court when you agree to.

[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.

[Hopyard]

Yup. His brother didn't just magically appear in the house with an ankle bracelet. Somewhere along the
way our OP signed or otherwise agreed to terms in order for his brother to be set "free" to the extent he has
been set "free."

There's an easy way out for our OP if he finds the rules too burdensome. Of course as OP probably
loves his brother its better to put up with the crap and let him stay where he is safest; in the OP's home.

[AngryBadger417]

I am going to get a copy of his house arrest agreement. If I was in the wrong by keeping guns in my room I can accept that. I was just mad about the whole thing and their attitude about it but besides that its my problem and I'm the one that needs to deal with it. Thank you guys though! I'll check his agreement and see what it says about firearms.

[Ghost1958]

File a complaint, get a lawyer.

[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.