Legal Question in Criminal Law in California
Federal gun charge
I have friend who is getting charged with an automatic weapon, but the police said they had a tip from a convidential informer that he had a weapon, so they came and search my friend but didnt have a search warrant so can we bet the case since it was an illegal search?Can you still get charge for the case because it was an automatic gun?If they cant charge him for the gun can they just charge him for the aminition? Even if it was an illegal search.Can we find out if they tryed to get an search warrant and got denied?
2 Answers from Attorneys
Re: Federal gun charge
Warrantless searches are often legal, especially when the officer obtains the suspect's permission beforehand. Without more information there is no way to say whether this search was legal.
Re: Federal gun charge
Your 'friend' potentially faces substantial mandatory state and federal prison time. You playing '20 questions' on this site is doing him no good, because he wouldn't know what to do with the information even if he got 'good advice'. He needs counsel, who will answer his questions after learning all the facts and issues, and who can file appropriate suppression motions if there are grounds for them.
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