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ProsecutorEC, Lawyer
Category: Criminal Law
Satisfied Customers: 71
Experience:  5 years in prosecution as ADA, GA Bar Licensed and admitted to Supreme Court and Court of Appeals.
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My girlfriend & I had an argument but nothing physical. Maybe

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My girlfriend & I had an argument but nothing physical. Maybe an hour later cops appeared saying they was called due to noise. So they asked to speak with each of us separately. I admitted to having an arrest record well over ten years old. They asked my girlfriend if she felt she was in danger to which she said no. Then then arrested both of us saying it was new standard procedure in domestic dispute cases. While in custody in the precinct they told me they recovered 3 fire arms from my apt. and they know I have a criminal history and my girlfriend don't and if I confessed to owning the guns they would release her without any record of her being arrested( we both had city jobs). I told them I didn't own them but knew who did and can call that person which they agreed and I did. I called the person on speaker phone and he admitted to owning to guns and said he would be willing to turn himself in as long as my girlfriend and I was allowed to go free and they agreed. So at that time the cops said they needed a statement from me and they told me what to write and I did it because I thought since the person owned up to the guns I and my girlfriend would be released. Instead the owner of the guns got a lawyer who told him if he turned himself in he would be arrested along with me and that wouldn't help anyone but the police so i was left holding the charges and now I have that statement against me. I was told by several people that the police never had a right to search my apt. in the first place, they had no warrant nor any permission from either of us. And in court they lied and said that my girlfriend gave them permission which is a lie and they tried to get her to put that in writing but she refused and now they are constantly harassing her. If they have no write to search my apt. shouldn't this be a dismissed case or from what you know how does it look. Is it possible that the true owner can testify without being arrested? what advise can you give?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  ProsecutorEC replied 6 years ago.
The police do need either a search warrant or consent from a resident in order to search a residence. If the police search without either a warrant or valid consent, then your fourth amendment rights were violated and you are entitled to have the evidence (the guns) suppressed, and the prosecution is not allowed to use them against you. While this isn't technically a dismissal, if the prosecutor does not have the guns as evidence they cannot prove their case. Your attorney would need to file a motion to suppress evidence in court and have a hearing to get the gun evidence suppressed.

If the true owner testified, it is likely he would be arrested. There is a possibility that you could subpoena him to court and if he invokes his fifth amendment right not to testify, the judge could grant him immunity for his testimony; however, I would be surprised if a court would do that. I think the best route is to have the motion to suppress, see how the police testify, and then you and your girlfriend would probably need to testify that you did not give consent. Good luck!
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