Results 1 to 7 of 7
  1. #1

    Default Possession of Weapons While on Probation

    My question involves criminal law for the state of: NCuestion involves criminal law for the state of: NC
    Thank you in advance for helping me. I am currently on supervised Probation for a misdemeanor driving while license revoked. From day 1 I have been the nicest a person could possibly be to my P.O. Well on her first home visit she comes in and tells me I must remove every knife and gun and bow and arrow from my home. I had already moved my gun to a relative who put them in his gun safe.
    For 6 years I have made a living selling survival weapons online so I would say I had at the least 120 knives in my work room. I also had my bow and arrow stored there also. At that time I did not know my probation required me to remove any thing that can be deemed a weapon. I had my expensive knives hanging on my walls of my office. My PO told me that I had remove everything. So, I did. My wife and I searched every nook and cranny of our home and removed everything we had to a relatives home and had them lock them in their safe. Saturday my PO calls and says she will be coming by Monday before 12pm so I needed to be there. I said fine and thanked her for letting me know so I would be sure I was home.
    My wife doesnt work Mondays so she was sleeping in. I got up, got dressed and waited for my PO. At 8:35 I heard her car door shut so I went to open the door. Whooow man was I surprised! She had brought 5 other police with her to search my home. She came in and asked who else was here. I told her just my wife and I and my wife was asleep. She went to the bedroom and yelled at her to wake her up. Then she made my wife come to the living room where I was sitting. All 6 probation and police officers were standing in my living room. She then handcuffed me AND my wife (who is 42 years old and NEVER broken any laws). Needless to say this really pissed my wife off bad.
    2 cops stood in front of us while the others searched. I picked up my phone because I wanted to video document what was taking place. The cop told me to put the phone down and I couldnt record at all... on my own property!
    She said I was on probation and she called the shots. So I asked her since my wife had nothing to do with my probation, she had the right to record. She said yes she does have the right to record. So, my wife reached over to pick up the phone and the female who had just agreed she had the right to record snatched the phone from her and told her she couldnt record anything. So, I bit my tongue and let them abuse their power. After searching for about 10 minutes one of the cops came to the living room and asked why I didnt inform him there was a firearm on the top shelf of our walk in closet, hidden under some towels. I told him I had no idea what he was talking about. (Honestly I didnt) ....then my wife spoke up and told him she had put her gun there after work on Friday. It is her gun and its registered to her legally. He asked her if she knew I wasnt supposed to be anywhere that i could access a firearm. She said she did not know that applied to her pistol because she usually leaves it in the car. She carries it for her protection because she works until 8 and 9pm sometimes alone (she is a 25 yr hair stylist) Most days she is the only person working that late, and not to long ago at another salon a lady was leaving and while she was locking up the salon, a African American slashed her throat and took her purse. That woman died over $75.00 that was in her purse. Ever since that my wife has carried a pistol to and from work. The Friday before they searched she forgot to remove it from her purse so when she went inside her side of the closet she just put it under some of her clothes ect. She honestly did not know that could get me in trouble. The cop told her as long as it come back registered in her name he would leave it unloaded and she could go lock it up anywhere as long as i didn't have access to it. My PO went and got her gun and seized it. She would not even tell my wife how to get it back. My wife was furious. After searching my entie house, thats all the found. My PO decided to search our garage. I thought that would be fine until she came back with 2 unfinished survival spears that neither my wife or I remembered being there. Actually when I put them there they were intended to be thrown away because the customer changed his mind. Unfinished, I put them out to be thrown away. Unfortunately the had fallen over behind my huge toolbox and I forgot about them....until she told me where she found them.
    Eventually they all left and she took the 2 unfinished spears and my wifes hand gun. So my wife calls my POs superior to ask what does she have to do to get her legally owned firearm back. My POs superior was not there so she left a message and her number. As soon as she hung the phone up my PO called back and would not tell her anything about her gun, then told my wife she was writing me up for probation violation. She would not even tell her why.
    So, this is where we stand now. My questions are:
    1. Is it not a violation of my wifes civil rights because they handcuffed her in her own home?
    2. Is it not a violation of her rights to not allow her to record what was going on in her own home?
    3. What happens if my PO writes me up for violating my probation even though I honesty did not know any of the 3 things were in my home?
    ***Please consider the following.... I am on misdemeanor probation for a simple non violent driving violation. I have never committed a felony, nor been charged with one. My wife legally purchased the pistol and its registered to her. I respectfully removed around 120 or more (what I thought was all of them) from my home. Not being able to continue producing my survival business, I am struggling to make ends meet.
    Can anyone please give me some advice? If you have any questions to help you understand please feel free to post them and I will answer you.
    Thank you so much.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Possession of Weapons While on Probation

    My guess is that it doesn't matter what you are on probation for. It matters only that you are on probation and subject to surprise inspections and searches and every occupant in your home is subject to detention while the police conduct the search.

    My advice: Consult a criminal defense attorney.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Possession of Weapons While on Probation

    Being a nice guy doesn't allow you to violate the law. You are not permitted to possess deadly weapons while on probation. This is not just a violation of your probation conditions, but in fact a CRIME in itself. You were already in violation once. The probation officer was within their rights to reinspect your house and bring law enforcement backup (in fact, such is extremely prudent given the prior violation). On the subsequent visit you were found to still be in possession of deadly weapons including a handgun.


    You are in deep trouble. You need an attorney. The alleged "rights" violations of your wife does not exculpate you from your repeated criminal activity.

  4. #4
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Possession of Weapons While on Probation

    I am currently on supervised Probation for a misdemeanor driving while license revoked. From day 1 I have been the nicest a person could possibly be to my P.O. Well on her first home visit she comes in and tells me I must remove every knife and gun and bow and arrow from my home. I had already moved my gun to a relative who put them in his gun safe.
    What does being nice have to do with it? Probation sentences get handed down to some very good people all the time.

    For 6 years I have made a living selling survival weapons online so I would say I had at the least 120 knives in my work room. I also had my bow and arrow stored there also. At that time I did not know my probation required me to remove any thing that can be deemed a weapon. I had my expensive knives hanging on my walls of my office. My PO told me that I had remove everything. So, I did. My wife and I searched every nook and cranny of our home and removed everything we had to a relatives home and had them lock them in their safe. Saturday my PO calls and says she will be coming by Monday before 12pm so I needed to be there. I said fine and thanked her for letting me know so I would be sure I was home.
    So, the parameters have been set. You acknowledge that you were informed of the weapons directive. NO WEAPONS ALLOWED.

    ...After searching for about 10 minutes one of the cops came to the living room and asked why I didnt inform him there was a firearm on the top shelf of our walk in closet, hidden under some towels. I told him I had no idea what he was talking about. (Honestly I didnt) ....then my wife spoke up and told him she had put her gun there after work on Friday. It is her gun and its registered to her legally. He asked her if she knew I wasnt supposed to be anywhere that i could access a firearm. She said she did not know that applied to her pistol because she usually leaves it in the car.
    We could argue that now you know why the handcuffs were utilized. For your safety as well as the officers'. Remember when you acknowledged an understanding of no weapons allowed in the home? Just because you were arrested for a non-violent offense, does not mean that you are. The fact that you guys made a very ill advised decision to bring a firearm into the home, could easily create the perception that you are attempting to continue your handling of weapons and that the officer's safety may continue to be in jeopardy.

    ...not to long ago at another salon a lady was leaving and while she was locking up the salon, a African American slashed her throat and took her purse. That woman died over $75.00 that was in her purse.
    I'm willing to bet that the race of the perpetrator would not have changed the dynamics of your narrative.

    The Friday before they searched she forgot to remove it from her purse so when she went inside her side of the closet she just put it under some of her clothes ect. She honestly did not know that could get me in trouble. The cop told her as long as it come back registered in her name he would leave it unloaded and she could go lock it up anywhere as long as i didn't have access to it.
    So, in the next two days, she never left the house? Never went anywhere that called for her to get in the car? After all, throat slashing, African American women don't just lurk outside of beauty salons. How did she not know that you would get in trouble for where she stored the firearm? It was under towels in a walk in closet!!! Unless you don't take showers, you could access this weapon with ease.

    My PO decided to search our garage. I thought that would be fine until she came back with 2 unfinished survival spears that neither my wife or I remembered being there. Actually when I put them there they were intended to be thrown away because the customer changed his mind. Unfinished, I put them out to be thrown away. Unfortunately the had fallen over behind my huge toolbox and I forgot about them....until she told me where she found them.
    That sucks. In all honesty, you could be telling the truth about the whole incident. It does not make a difference. You violated the conditions of your probation conditions on at least three separate items. The fact is, even if you did not intend on violating your probation, you did. For most people on probation, there is a learning curve that they need to adapt to. In you case, it seems as if what you failed to understand about how the officer has to go into the home anticipating the worst, has come to bite you in the butt.

    The fact that you two in essence swore that your home was weapon free only to have a firearm in free reach if one chose to access it will serve as a reason to validate handcuffing your wife. You should get a letter informing you of the leave to file a violation of your probation. Get yourself an attorney ASAP.

  5. #5

    Default Re: Possession of Weapons While on Probation

    LOL... I can tell you are from Chicago. The place that is a gun free zone yet you have 50 damn shootings per night for the last 2 nights in a row.
    Your rude comments are useless because it does not address the laws in my state. First, you are incorrect, "We" were not acknowledged as to the rules of probation. My wife has nothing to do with my probation. See, she does not have probation. I do. Here in regular society we are NOT a gun free zone. Everyone here owns a gun and unlike Cook county, we average "maybe" one gun crime a year and usually that is suicide.
    Yes, in fact my wife is allowed to have her gun. She must lock it in a gun safe when she gets home. That night she forgot. You know what forgetting is? Humans do that sometimes ya know? Where do you get off acting like just because your a probation officer you are a daily target? You signed up for the job, you knew the risks. Fortunately here in normal society are not exposed to the gun violence that reeks across your "gun free zone" daily.
    Thanks for the repy but I was kinda looking for someone other then a power abusing PO who lives daily by the kill or be killed rule.
    Its allot different here in normalville. I guess you people have never heard of the saying "treat people like you want to be treated" ...oh I forgot, you live in a war zone where no one but criminals are allowed to have firearms.

    Next reply please....Bruce Willis seems to think everyone is out to kill cops.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Possession of Weapons While on Probation

    Quote Quoting Marvin Heemeyer
    View Post
    1. Is it not a violation of my wifes civil rights because they handcuffed her in her own home?
    Probably not. The probation and police have the lawful right to detain individuals while conducting a lawful search. Given the number of personnel, I strongly suspect that they had some other suspicions about the home or about you and/or your wife. If your wife feels she was unlawfully detained she can consult legal counsel to see how much it might cost for her to pursue legal action in an effort to secure a judgement.

    2. Is it not a violation of her rights to not allow her to record what was going on in her own home?
    A lot depends on why the officers would not let her record. Though, how do you record when you are handcuffed? If they handcuffed both of you in front, then the handcuffing was ineffectual and someone needs to go back to officer safety 101.

    3. What happens if my PO writes me up for violating my probation even though I honesty did not know any of the 3 things were in my home?
    You could have your probation violated and revoked. Or, you may simply get a warning to be more careful and next time the consequences will be more severe. It's also possible that if your wife gets the gun back in the near term she will be told to store it somewhere you cannot possibly access it.

    Now, while it MAY have been acceptable under the circumstances to handcuff decline you or your wife from recording the officers, it MIGHT have been improper. What the status of the law is in your state, i cannot say. In general, the police have the lawful right to control any such encounter (such as a probation search) and that can include the detention of all parties in the home. I can't say whether that was standard procedure where you are, or if there was something more. The handcuffing seems a little over the top for a routine search, and if it were a proper search your video would be boring because you'd be recording officers standing and staring at you in a room they already searched because they'd search the room where you were detained before they had you sit down, anyway.

    If you and your wife feel sufficiently offended, you can consult legal counsel. Understand that rolling the dice will typically cost several thousand dollars for no guarantee of an award. And until we know why the probation and police folks did what they did, the question is up in the air.

  7. #7
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: Possession of Weapons While on Probation

    Awww, unfortunately, I seemed to have touched a nerve. It's ok. You may think that my comments were rude, I'd like to think they were more succinct and direct. As a probationer, you don't have full rights while you are on paper. I don't think that is much of a surprise. Your wife? I'm not answering that based on the fact that it is your word alone, there is no verifiable proof that any of what you stated occurred actually happened.

    Also, the chronology of when she was cuffed up is questionable. If you told me that you don't have in weapons in the residence and "BOOM!" I find one in the closet under the towels, guess what's about to happen to your wife? She's getting cuffed up. Forgetting that I have a weapon in the closet days after being informed that I have an inspection coming is possible. It would set a very bad taste in my mouth but, it's possible. Forgetting is something that you guys might want to work on in order to have things like this not happen. Not being informed of the rules of probation is something that you might also want also familiarize yourself with. See, YOU are on probation. Since you are, there is a court order that you signed that acknowledges some court ordered restrictions that you are to abide by. One of which is the weapons restrictions. Your wife may not be on paper but, she's married to a charming young man that is. As a result, having a firearm in the home at the time of a home inspection may be a honest, harmless lapse of memory but, considering the laxed nature of your response and your desire to blame the PO and the police for your faux pas, maybe you'll understand the reasoning behind what you perceived to be egregious behavior by law enforcement.

    1. Sponsored Links
       

Similar Threads

  1. Weapons Offenses: Possession of Assault Weapons
    By tayloy in forum Criminal Charges
    Replies: 1
    Last Post: 02-05-2011, 08:54 AM
  2. Weapons Offenses: Possession of 'Assault Weapons' in Connecticut
    By ozzyleven in forum Criminal Charges
    Replies: 3
    Last Post: 01-02-2011, 04:47 PM
  3. Probation and Parole: Probation for Possession
    By kimberlylianne2 in forum Probation, Parole and Incarceration
    Replies: 1
    Last Post: 08-25-2009, 08:10 AM
  4. Weapons Offenses: Bringing Non-Firearm Weapons into a Privately Owned Place That Says "No Weapons"
    By NeedLegalAnswers in forum Criminal Charges
    Replies: 1
    Last Post: 10-16-2008, 09:42 PM
  5. Weapons Offenses: Weapons Possession and Defense of a Third Party in Arizona
    By aquarianterri in forum Criminal Charges
    Replies: 9
    Last Post: 08-02-2008, 10:20 AM
 
 
Sponsored Links

Legal Help, Information and Resources