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  1. #1
    Join Date
    May 2020
    Posts
    3

    Default Was the Search Warant and Arrest Done to the Letter of the Law

    My question involves criminal law for the state of: Oregon
    we have no trespassing signs posted in 4 different spots on our property, however, lane county land management without a warrant had the lane county sheriffs escort them on to our property to look around and follow up after several complaints had been filed about county code violation we violated While they were walking around our property they came across what they described as a boobie trap in an affidavit submitted for the search warrant for our property. we had a young couple staying inside a 24x12x24 tuff shed located on our property and they decided it would be fun to put some dog food on the ground and have a walkie talkie by the food they took a rifle pointed it at a 45-degree angle at the ground with a 2x4 attached to the bottom of the gun to keep it pointed at the ground and attached a string to the trigger ran the string into the shed where they had been staying along with another walkie talkie so that when they heard a rat eating the food they could pull the trigger and kill the rat. they also had a homemade silencer attached to the end of the barrel.not very bright I know.
    the police took the rifle didn't leave a property report or anything stating that they had taken the gun. Didn't try to contact us or anything. They filed an affidavit stating that it was a boobie trap and dangerous as we had dogs running around the property implying that one of the dogs could run into it and fire the gun. We did have dogs however they had a fenced-in yard about 500 feet from where the "boobie trap" was set. they obtained a search warrant allowing them to look for suppressors, and anything to do with manufacturing suppressors, and guns. they found 2 shotguns looked up in a gun safe and one gun in our jeep {as my husband was just getting ready to go shooting that morning.} they arrested me for felon in possession of firearm from the one that was located in the jeep they based that off of a purse that was located in the back of the jeep their was no id in the purse and nothing in the purse with anyones name on it nothing in it that could tie me to the purse. they also charged me with possession of meth from a scrape baggie found inside the shed where the couple were staying, and they were well aware of the fact that a couple had been staying in the shed and that the scrape baggie was theirs. They charged my husband with identity theft he had his father's id in his wallet his dad passed away in 2006 and he had carried his father's id since he passed away, they charged my husband with possession of meth as well.
    they also served the search warrant 22 min early and you can view that on the police dispatch call log the warrant was from 7:00 am until 11:59 pm they served the search warrant at 6:38 am. we made the 5 o'clock news, and the front page of the following days' paper the bomb squad was sent out to our place, because they found a scale with some powder on it my husband makes his ammunition.it made us look like dangers criminals the DA didn't file on any of the charges. I'm guessing they had to arrest us and charge us with something, after all, you can't have the news reporters come out to cover a story and not arrest someone it would have made the police department look bad. other than the 3 guns that were all registered to my husband they didn't find anything covered in the warrant.

    Someone said that it doesn't matter what else they find that if its not in the search warrant that they cant charge you with it is that true? and the fact that we have no trespassing sgins posted in 4 different spots wasn't it illeageal for them to be on our property in the first place?

  2. #2
    Join Date
    Oct 2014
    Posts
    8,018

    Default Re: Was the Search Warant and Arrest Done to the Letter of the Law

    Quote Quoting tinker126
    View Post
    Someone said that it doesn't matter what else they find that if its not in the search warrant that they cant charge you with it is that true?
    That is not true. The way the rule works is that if the law enforcement officers have a valid warrant and they do a search in accordance with the restrictions in the warrant then anything they find in that search is fair game. For example, suppose the warrant approves looking for drugs in a specific car. The officers search that car pursuant to that warrant in a manner consistent with looking for drugs. In that search, they happen to find a gun in the glove box. The search of the glove box was reasonable as that is a place that drugs might be hidden in that car. So the gun may be seized in the search even though the search warrant didn't state that guns were what the officers thought they'd find in the search warrant application. If the officers exceed the scope of the warrant or violate the conditions of the warrant then the results of the search might be tossed out. Whether starting the search a few minutes early would be enough to chuck out the results of the search is something to ask your lawyer about. Not having researched that in California law I cannot say how strictly the courts would apply the time limits. But it's at least an avenue worth exploring and might be worth a motion to suppress to see how that goes.

    Quote Quoting tinker126
    View Post
    and the fact that we have no trespassing sgins posted in 4 different spots wasn't it illeageal for them to be on our property in the first place?
    Well, the problem is that no trespassing signs are meant to keep out trespassers and give you a basis to potentially have the trespassers charged for the trespass. But if the government officials had the authority to enter on to your land to carry out their official functions then they were not trespassing and the no trespassing signs would not matter at all. Simply being a government official on official business does not by itself give them the right to enter on to your property, however. Not knowing the whole story as to why they were there in the first place I cannot say if they were trespassing. Again, though, that's a good thing to discuss with your attorney. If they were not authorized to be there then you may succeed in getting the warrant and the results of the search tossed out.

    Your situation is a somewhat complex one. You need a good attorney to sort this out for you. All the details matter and we don't have those details here. Moreover, I do not suggest you post any further details of this on internet messages boards. Should the prosecutor happen to find your posts and trace them to you the posts could be used against you.

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