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  1. #1
    Join Date
    Apr 2010
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    7

    Question How Can I Get My Guns Back

    My question involves search and seizure law in the State of: Florida
    A few months ago, I had every law enforcement agency, in the parking lot to my apartment. The S.W.A.T. raided my house, punched me in the eye, and took my guns. My roommate, my roommates girlfriend, my girlfriend, and I were all taken to the major crimes unit. They started questioning me about something I didn't have any clue about, a robbery that had happened in my city. The questioning went on for about an hour, and in the end I think they finally realized I was not lying to them and let everyone go, except for my roommate. He ended up getting some possession charges, and he told the police that the drugs were his. In my room I had my guns, which they asked me about, and I told them they were mine. No charges were filed against me, or my roommate for them. Yet for some reason I can't get a straight answer on how to get them back. Should they be able to keep them? I owned them legally. Thank you for your time.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How Can I Get My Guns Back

    if they suspect they are related to a crime, they are going to keep them until they have reason to believe otherwise. If there is still an active investigation concerning this crime and you are still a "person of interest", you aren't going to get them back until you are cleared.


    I haven't checked but the drugs in the same residence may allow them to confiscate the guns.

    so, the first thing you do is go the the police agency the took them and ask them how to get your guns back. I don't know what you mean by they aren't giving you a straight answer. Maybe they are inferring you are still under investigation and aren't getting them back until they have cleared you or the case.

  3. #3
    Join Date
    Apr 2010
    Posts
    7

    Default Re: How Can I Get My Guns Back

    Quote Quoting jk
    View Post
    if they suspect they are related to a crime, they are going to keep them until they have reason to believe otherwise. If there is still an active investigation concerning this crime and you are still a "person of interest", you aren't going to get them back until you are cleared.


    I haven't checked but the drugs in the same residence may allow them to confiscate the guns.

    so, the first thing you do is go the the police agency the took them and ask them how to get your guns back. I don't know what you mean by they aren't giving you a straight answer. Maybe they are inferring you are still under investigation and aren't getting them back until they have cleared you or the case.
    I had thought about it being in the same house as the drugs, but no extra charges were filed because of it, so I don't think that could be the reason. What I mean about not getting a straight answer, is that I have called, and it's hard to get a hold of the detective of this case. When I did, he said that my friend had to be sentenced for his charges, for me to get them back. I have called other times and have been given the run around. I don't think I am still a person of interest, but I'm not sure. If they thought I was guilty, wouldn't they have just arrested me that day? And since I'm not guilty, and to my knowledge they haven't caught the actual robber, could this go on forever?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How Can I Get My Guns Back

    If they thought I was guilty, wouldn't they have just arrested me that day?
    arresting you starts a clock they may not be ready to start yet. Heck, we just had the FBI raid a house the next town over. They didn't even question the resident. They simply executed the warrant and seized all sorts of stuff. Presumably that was simply a search for evidence.

    hang on for some other folks. I know a couple that post regularly that would have much better direction as to what specifically to do.

    one thing you might want to find out: depending on the crime and eventual sentence for your buddy, he may not be allowed to live in a residence with guns in the place at all.

  5. #5
    Join Date
    Apr 2010
    Posts
    7

    Default Re: How Can I Get My Guns Back

    Bump, anyone else have any thoughts?

  6. #6
    Join Date
    Dec 2009
    Posts
    117

    Default Re: How Can I Get My Guns Back

    Quote Quoting JCo352
    View Post
    Bump, anyone else have any thoughts?
    Yeah. If you were at all involved in anything, be wary of your roommate rolling on you.

  7. #7
    Join Date
    Apr 2010
    Posts
    7

    Default Re: How Can I Get My Guns Back

    Quote Quoting Papi Yanqui
    View Post
    Yeah. If you were at all involved in anything, be wary of your roommate rolling on you.
    Yeah, I'm definitely not worried about that, since I was not involved in anything, nor was my roommate.

  8. #8
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: How Can I Get My Guns Back

    1. Did they have a warrant to search the house?
    2. Did they know that multiple people lived there?
    3. Does the warrant name all the people who live there? Not likely.
    3a. Are these private areas locked? Is there control of access?
    4. Does the warrant describe what is to be seized, and does it include your guns? Does the warrant include drugs?
    5. You friend needs an attorney to look at that warrant. I will bet it has serious legal issues.
    6. Did everyone consent to the search if there was no warrant?

    Chances are it was an illegal search. A search warrant does not allow the police to go on a shopping expedition and certainly not through private bedrooms of multiple unrelated people. If the warrant allows that, it is an illegal warrant issued by a moron of a judge.

    It does not require any real time to check the guns. They can lift prints and do a ballistics test pretty quickly. They can run the serial numbers in NCIC very quickly. There is no legal reason to keep them long.

    First, you need to make a formal written demand that your property be returned. Nothing verbal will create a record that you might have to use in court in a civil action to get your property back.

    You will want to find out how the police got led to your house and how they managed to have enough "evidence" to get a warrant.

    Did they arrest you all? Did they cuff you? Or, did they ask you to voluntarily come to the police station? If the latter, did they tell you that you were free to leave at any time.

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