Legal Question in Criminal Law in California

I reside in Riverside, CA and I had a gun that was registered to me stolen. I reported the gun stolen to the local police department and within 2 days 4 officers arrived at my home and asked to enter the home to look for this gun. I filled out a stolen gun report and after they left I had to restore my home back to its original condition, which I might add was in perfect condition. I was told I might be contacted by the FBI for further questioning (I was unable to find the serial number, but it is leagally registered) as they did contact me and said that there was nothing more I needed to do at this point. Saturday afternoon, I was taken into custody by the sheriff, handcuffed and interrogated for hours, and again my home for violated. I was told it was because they felt I had not complied with them. Interesting how this can be when I have never been arrested and I followed procedure and now fingerprinted and told I am held liable for anything that happens until further notice. Is this legal? Violation of my civil rights is what I feel.


Asked on 2/07/10, 6:23 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

You used poor judgment in consenting to a search and in allowing yourself to be interrogated at all, let alone for "hours." You conveniently left out why you were arrested. If you were charged with a crime, do something smart for a change and get a lawyer.

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Answered on 2/12/10, 6:31 pm
Terry A. Nelson Nelson & Lawless

Based upon your stated facts, you probably have no substantial grounds for legal action, yet. You say you have not been arrested, but merely detained and questioned. If you are contacted again, you should [better late than never] assert you 5th Amendment rights to SHUT UP, and let your attorney deal with them. YOu should never have spoken to them, nor allowed them in or to search without a warrant. If you are charged with a crime, your attorney will have to deal with whatever 'admissions' and statements they say you made while trying to be 'cooperative', and whatever evidence they obtained in the search you let them do. You should promptly consult with counsel to determine what is going on and why. You should not discuss this publicly, but only in confidential attorney-client privileged manner. If serious about getting counsel in anticipation of problems, please feel free to contact me. I've been doing criminal and firearms matters for many years.

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Answered on 2/17/10, 10:36 am


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