QUESTION

can you still be charged for evidence found in a search of your home after the case was dismissed

Asked on Jul 13th, 2013 on Criminal Law - Massachusetts
More details to this question:
if your house is searched because someone who has been staying there temporarily was wrongfully accused of a crime, and they found firearms owned by the home owner illegally and not the accused, can they still charge the home owner with the fire arms even after the accused is proven not guilty?
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2 ANSWERS

Sex Crime Attorney serving Dedham, MA at John DeVito
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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

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Criminal Defense Attorney serving Boston, MA
Partner at Gelb & Gelb LLP
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If the police are lawfully on the premises by way of a search warrant (or legal exception), and they discover illegal firearms during the course of permissible police work, they can pursue criminal prosecution for the guns they encounter.
Answered on Jul 14th, 2013 at 11:27 PM

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