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My Question is really two questions relating to the same base topic. I live in Florida. I have a large piece of property that is completely fenced and gated with a lock. I own it but my fiance lives there with me. She is a convicted felon. I am a gun owner/enthusiast. I practice responsible gun ownership and keep my weapons locked away, with one exception; the weapon I keep out at night for personal defense, if necessary. This makes my fiance nervous because she is worried about the law showing up for any reason and that putting her in a position of being a felon with a gun. Can the police come across my locked fence/gate uninvited? Could they charge my fiance if the weapon were found in an area that was under my control (my side of the bed, my dresser, my closet, etc..) at the time?
Optional Information: Country relating to Question: United States State (if USA): Florida Already Tried: nothing
The only way the police are supposed to come onto your property is for a lawful reason, like serving papers, or pursuant to a warrant. The police could, and certainly have, charged felons simply because there is a gun in the house where a felon is living. They would still have to prove care, custody, ownership or control, but a lot of times juries will presume a lot if a person already has a felony.Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like but I believe I have answered all of the questions you asked.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
When you mention serving papers, does that imply that they are indeed allowed to cross the locked gate/fence anytime if they have papers in hand? Do they have any obligation to try and make contact with you in some other form first, before breaching what would other wise be considered a security point that was not intended to be compromised? Not trying to pick this apart, just trying to give some peace of mind, accuratley, to someone.
I have never seen a court that fussed at them for entering to serve papers. My personal opinion is that they shouldn't be allowed to cross a locked gate, but the courts have upheld this in the past.Thank you for allowing me to assist you. As you know, we work on the honor system here and cannot always provide you answers that you like but I believe I have answered all of the questions you asked.I believe in giving information that is to the point, but please remember that I can only base our answers on the information you provide and sometimes a misunderstanding as to what you are looking for or already know occurs so feel free to ask additional questions or for clarifications. Be very careful about looking at other internet sites that just post generic information without any inquiry into your facts because often those answers are dated, wrong, or wrong as applied to your facts. Please be aware that my answer is not legal advice, it is merely information. You should always contact a local attorney for legal advice.Several customers have asked how they direct a question to me in particular. If you specifically want me to provide information for you just put “FOR JD 1992” in the subject line and I will pick up the next time I am online.
Experience: Began practicing law in 1992