Legal Question in Criminal Law in Massachusetts
MGL Firearm Laws/4th Ammendment rights
My wife called the police to come to our home because she thought she heard an intruder in the house. She also suffers PTSD (Stress Disorder) and the officer deemed her paranoid and transported her to the hospital. While there the officer noticed a deer head on the wall and said, ''your husband must hunt? Does he have any guns in the house? She told him about the pistol under our mattress. The gun was not properly stored (ir: safety lock or in locked container) and it was loaded. I understand this is illegal under the MA safe storage laws. However, even though the police were ''invited'' into our home via call for help regarding an intruder, did they have the right to search for a weapon or have probable cause? By the way, my wife was released immediately from the hospital where she was transported and a report from the doctor there states she was not suicudal or homicidal or psychodic. It seems to me she was baited into indicating a gun was in the house and I do not see where there was probable cause to search for a weapon, especially since the police were there to find an intruder and not a weapon I might own. I have a court appointed lawyer and he does not seem to be aware of this being a 4th ammendment violation, etc.
2 Answers from Attorneys
Re: MGL Firearm Laws/4th Ammendment rights
It is not clear to me without looking into this more carefully whether there was a Fourth Amendment violation. That said, however, there certainly is a Fourth Amendment issue that merits serious consideration. I find it interesting, for example, that the police oficer deemed your wife to be psychologically troubled ("paraniod" was your description) to the point that he transported her immediately to a hospital, yet he quizzed her about guns in the house while she was in that condition. There are lots of issues about her state of mind that would come into play. In addition, you never state exactly how the officer got his hands on the gun. I think the police report would make for very interesting reading. To make a long story short, you should discuss all of this with your attorney. It's difficutl to know how strong your case is, without having the benefit of more information, but I think it's a very interesting case. Good luck.
Re: MGL Firearm Laws/4th Ammendment rights
Your wife is a joint owner w/equal rights to the house. She was not coerced into answering questions. The officer may well be within his rights to have asked the questions. The issue is not as clear as you stated. If you feel that your court appointed attorney & you do not understand eachother, you could ask the court to appoint another attorney. But first, air your misgivings with your counsel.
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