Legal Question in Criminal Law in California

is it a felony for someone on probation with a 4th waiver clause , if inside his girlfriends apartment 50 shotgun shells were found during a police search? There were no weapons or contaband found. and can they search the whole house or just the probationers things? The shells wewre in a storage closet in the hallway

Asked on 2/01/12, 2:22 am

2 Answers from Attorneys

Glen Fleetwood Mister DUI-800-468-2-502

Why don't you cut to the chase; was someone arrested? Was it you? Your boyfriend? You don't need information, you need lawyer unless you are going to represent yourself. When 10 years in prison is on the line, don't get your case information online. Call the best attorney you can afford.

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Answered on 2/01/12, 6:17 am

Terry A. Nelson Nelson & Lawless

If you are a convicted felon found in possession of firearms or ammo, you have committed a new felony under both state and federal law. You may also face probation/parole violation charges. If law enforcement wants to get tough, they could also charge the owner/renter in possession of the residence with 'conspiracy' or 'aiding and abetting'. Whether the search was 'legal' can be argued in court. My opinion is irrelevant, only the judge's counts, but if you have a 4th Amendment waiver the police get to search the entire residence where you live.

As stated above, hire "the best attorney you can afford". If this is in SoCal courts, feel free to contact me.

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Answered on 2/01/12, 10:45 am

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