QUESTION
Can a convicted felon get off of possesion of a gun, when the gun wasn''t his?
Asked on Sep 01st, 2011 on Criminal Law - Iowa
More details to this question:
As a retaliation for calling the cops on someone who broke into our rental house. They called the cops and said that my husband a convicted felon was in possesion of the gun. The gun is the roommates, and we rent a bedroom and share the kitchen and the bathroom. They gave my husband a search warrent, but the warrent had nothing on there about going through my roommates things and his bedroom. The warrent was for outbuildings also, but we also do not rent those. They tried to go through my roommates computer, and we also do not have access to the computer because there is a security code. I need some help.
1 ANSWER
General Practice Attorney serving Ontonagon, MI
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Robert Peterson, Attorney at Law
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Possession does not necessarily mean ownership. Possession is knowingly controlling an object. If the felon knew of the weapon and could control the weapon then he/she may have possession, even if the weapon was the roommates' weapon. This would be very fact specific in this case.
I would suggest contacting an attorney to review the case and the search warrant. If the police were looking for weapons, why search the computer? Either the police exceeded the scope of the warrant, or the warrant may have been excessively broad.
Answered on Sep 25th, 2011 at 12:54 PM