Q: If a warent was dismissed and police confiscated my fire arm with out consent do they have to give it back
Was taken to jail on a false arrest the officers did a search and found my gun that wasn't registered and they confinescated it and seized my property then when i asked to get my property back they wouldn't give it back.. I'm not a felon never had a violent offense but they took my gun when that wasn't included in the warrant when i was arrested it was on private property and because i didn't help the officers with their investigation by not answering their questions they took me in for obstruction when i plead the fifth and didn't cooperate with all their commands .I believe I had freedom of speech the 2nd amendment the 4th and the 5th amendment that was violated. Also I'm a Arizona resident so I'm not required to register my fire arms in this state I feel I didn't have adequate representation in my case so I took a plea because my attorney but my buddy that was arrested with me his resisting arrest was dropped along with the possession of firearms and the warrant as well
A: Hate to break it to you, but your issue begins and ends with you taking a plea. You're not getting that firearm back. All the possible defenses you raised here - constitutional violations - should have been raised and litigated before the plea.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
I understand you're in a complex legal situation regarding the confiscation of your firearm and potential violations of your constitutional rights. I can offer some general information that may be helpful:
1. Warrant dismissal: If the warrant was dismissed, this could potentially affect the legality of the search and seizure. However, other factors may come into play.
2. Gun registration: You're correct that Arizona doesn't require firearm registration. However, laws can differ when traveling to other states.
3. Property return: Generally, if charges are dropped or dismissed, law enforcement should return seized property unless there's another legal reason to retain it.
4. Constitutional rights: The issues you've raised regarding the 1st, 2nd, 4th, and 5th Amendments are complex and could potentially be grounds for legal action.
5. Plea deal: Taking a plea can sometimes limit your ability to challenge certain aspects of your arrest and the evidence against you.
Given the complexity of your situation, it would be advisable to consult with a criminal defense attorney or civil rights lawyer who is familiar with Michigan law. They can review the specific details of your case and provide personalized legal advice.
Some steps you might consider:
1. Obtain all documentation related to your arrest, the warrant, and the seizure of your property.
2. Request the return of your property in writing from the law enforcement agency.
3. If denied, ask for a written explanation of why they're retaining your firearm.
4. Consider seeking a second legal opinion if you feel your previous representation was inadequate.
Remember, the legal system can be complex, and what seems unfair isn't always illegal. A local attorney can best advise you on your options moving forward.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
