If the police had a search warrant to search a home and they inadvertantly uncovered firearms for which the owner had no license to carry, or if the home owner gave the police permission to search the home, then the home owner can be charged for the illegal firearms. Because the home owner is charged does not mean he or she does not have a defense. If it is a search warrant case there may be a number of ways to challenge the warrant. The police may have exceeded the scope of what the warrant permitted. If the home owner voluntarily gave permission to search for specific items, the police may be restricted to look only where those items could be found. The example taught in law scholl is that the police cannot look for an elephant in a match box. The facts will control the outcome of this case. Consult an experienced criminal attorney.
Answered on Jul 15th, 2013 at 8:04 AM