Q: Plain view doctrine, horton 3 prong. A gun in plain view is not inherently illegal?
In a previous question I covered the prolonged investigatory detainment. I was detained due to a call in about a person not matching my description, manager also confirmed I wasn't the reason for the call... they saw a gun in my car. entered the car and conducted what I'm calling an illegal search and seizure.
Now, they were no longer there lawfully detaining me once they were told I was not the person in question I believe? They did inadvertently see the gun (supposedly).
But what was the probable cause? This was not a traffic stop, there was no mention of guns in the call, i held lease to the private property in question, gunsafe was also in plain view, I never left the car unattended. They really had no reason to think gun was illegal, or crime was committed or about to be committed. I was transferring the weapon(s) into larger gunsafe as they accosted me. I'm not felon and lawfully own in California. I was arrested multiple felonies filed as a result.
A: It sounds like you're studying 4th Amendment law to find a defense in your case. That is good. Hiring a local attorney who can litigate the issues would be a good idea. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
A: People don't like attorneys because we take facts like these and point out how complex the legal issues are. Non attorneys just want to get to the point and not hear about all the potential issues. You really need to consult with a Criminal Defense attorney, particularly if you were charges with multiple felonies. You may have no criminal liability at all, but I have seen cases where the description did not match the defendant, at all, yet he was convicted and it was upheld on appeal. You need to speak with an attorney practicing in this area of law to secure your rights, don't delay. Thank you for using Justia, Ask a Lawyer. DO NOT DELAY IN CONTACTING AN ATTORNEY. You maybe good at research but you are too close to the problems to evaluate things objectively.
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