close

Privacy guaranteed - Your email is not shared with anyone.

I'm not sure if this is the right forum for this question

Discussion in 'Cop Talk' started by ImDaGlockinator!, Nov 4, 2012.

  1. ImDaGlockinator!

    ImDaGlockinator!

    Messages:
    62
    Likes Received:
    0
    Joined:
    Mar 25, 2009
    What are my rights in this situation?
    I am a legal owner of firearms in the state of Arizona and I have both a CCW and Armed Guard Card along with the training and background checks which come with these.
    I recently agreed to allow a married couple to stay at my house for two months so they can get back on their feet financially and find a more permanent place to live.
    The guy and his wife had a minor incident which nevertheless led to a first time offense for domestic violence. I already know the whole story and I'm not worried about them staying with me temporarily.
    However, as they're moving-in, the husband off-handedly tells me that if I happen to have any firearms in my house, I need to get them out because his probation officer will search my house and it would be a violation of the husband's probation.
    So my questions are, what are my rights since, I'm not the offender, it's my house and I'm not too happy about not having quick access to my firearms for self defense. Is the probation officer really allowed to search my bedroom for weapons? What of I keep my weapons in my vehicle in my garage. Is the probation officer likely to also search my vehicle? I'm happy to help-out my friends in time of need, but I didn't sign-up for having my right to bear arms taken away from me.
    Dear Moderator, if this is the wrong forum for these questions, please feel free to redirect this posting to a more appropriate forum. Thanx!
     
  2. RussP

    RussP Super Moderator Moderator

    Messages:
    35,366
    Likes Received:
    7,358
    Joined:
    Jan 23, 2003
    Location:
    Central Virginia
    I believe the consensus will be that you chose the wrong couple as roommates. What do you mean you want ready access?

    You need to talk with the guy's probation officer before the visit to see what conditions would be acceptable.

    :cool:
     

  3. Bruce M

    Bruce M

    Messages:
    49,893
    Likes Received:
    27,528
    Joined:
    Jan 3, 2010
    Location:
    S FL
    You clearly have (or had) the right to not let them live with you; problem solved. Once you allow them into the house in some places it is easier than others to get them out. (Here for instance in a situation like this after you let them into the house responding officers would probably suggest the formal eviction process.)

    If they are already in your house, my guess is the safest route would be to remove the guns and get an attorney. If they are not yet in your house, not allowing them to move in will probably be the easiest solution.
     
  4. L-1

    L-1

    Messages:
    144
    Likes Received:
    64
    Joined:
    Sep 4, 2011
    I don't know what state you are in but in mine, warrantless search or a probationer's residence (all portions of it) are generally a condition of probation. If you car is in the garage which is part of the residence or property, it can be searched.

    You can't thwart the terms of his probation by saying, "Kings X, this is my house not his, I don't consent to a search." If that were the case, every probationer who was dirty and wanted to avoid detection would stay with a friend. The only way to avoid having you home and property searched is to tell him he can't stay with you.
     
  5. razdog76

    razdog76 Heavy Mettle

    Messages:
    3,705
    Likes Received:
    45
    Joined:
    Sep 26, 2007
    Location:
    Ohio
    Probation/parole is an alternative to incarceration, and the terms of your roomate's probation will be spelled out in writing. It will probably indicate he cannot have any firearms in his residence.

    Violating the terms of his probation is not your problem, its his problem... other than possibly having a PO possibly go through your possessions.

    I sincerely hope that after the two month period is up, they have their act together, otherwise you will have to go through the eviction process.
     
  6. ImDaGlockinator!

    ImDaGlockinator!

    Messages:
    62
    Likes Received:
    0
    Joined:
    Mar 25, 2009
    As I stated in my original post,
    I live in the state of Arizona.
    I have read that in some states only the offender's room and common areas are searched, whereas in other states all areas of the house are subject to search. Therefore, I'd like to know what the situation is in my state. Thanks.
     
  7. razdog76

    razdog76 Heavy Mettle

    Messages:
    3,705
    Likes Received:
    45
    Joined:
    Sep 26, 2007
    Location:
    Ohio
    It seems ridiculous for such limits to be placed on a PO, because then the dope/guns/contraband will then just be hidden in some place not specified. :dunno:
     
  8. blueiron

    blueiron

    Messages:
    11,145
    Likes Received:
    11
    Joined:
    Aug 10, 2004
    There was a similar thread about this very topic in Mesa several months ago.

    Get the name of the probation officer who is supervising your house guest and tell him/her that you have firearms. The probationer has to comply with the conditions of their probation. Because of that probationer, the entire house can be searched. The P.O. won't care that you have firearms, but that probationer is likely going to have to find other digs, if you want ready access.
     
  9. Gombey

    Gombey

    Messages:
    1,798
    Likes Received:
    441
    Joined:
    Oct 10, 2011
    Ok, I thought the other PO's would have chimed in by now.

    If you were in my state it may not be a problem. I have a few offenders on my caseload that live w/family members that own firearms.
     
    Last edited: Nov 4, 2012
  10. ImDaGlockinator!

    ImDaGlockinator!

    Messages:
    62
    Likes Received:
    0
    Joined:
    Mar 25, 2009
    Thanks for the info. I will communicate the fact to the couple that this is their problem in that if a parole violation is identified he is going to jail etc. so it's in HIS best interest to find-out the local laws as they apply in this situation. If he ends-up having to move out that still better than having to go-back to jail!
     
  11. blueiron

    blueiron

    Messages:
    11,145
    Likes Received:
    11
    Joined:
    Aug 10, 2004
    After considering this, were you privy to all the correct information about the violation and conviction?

    A misdemeanor DV charge is usually not referred to active probation. Either the probationer has a history of previous criminal convictions, the judge has reason to be concerned enough to demand active probation, or the charge was a felony that can be reassigned as a misdemeanor upon successful completion of all original conviction conditions.
     
  12. ImDaGlockinator!

    ImDaGlockinator!

    Messages:
    62
    Likes Received:
    0
    Joined:
    Mar 25, 2009


    His violation is termed a "Class1 Misdemeanor". He has no priors.
     
  13. Sam Spade

    Sam Spade Staff Member Lifetime Member

    Messages:
    16,229
    Likes Received:
    5,453
    Joined:
    May 4, 2003
    As a practical matter, if he's on Probation for a misdemeanor DV, the odds of an in-home visit are quite slim. If he's on probation for a felony, you're an idiot for letting him live there.

    BTW, in two months, they'll have established residency. That means you'll have to evict through the courts if they choose not to go.
     
  14. ateamer

    ateamer NRA4EVR

    Messages:
    9,691
    Likes Received:
    2,768
    Joined:
    Jun 20, 2001
    Location:
    In the hallway - it's on cuz!
    The term is usually not "do not have firearms in residence", but is "do not own or possess firearms". If your firearms are locked in your room and the door is kept shut, et cetera, it would be a hard sell that he had dominion and control over the guns. It will be incumbent on you to keep them in a locked safe or cabinet, and never let him into your room.
     
    Last edited: Nov 5, 2012
  15. ImDaGlockinator!

    ImDaGlockinator!

    Messages:
    62
    Likes Received:
    0
    Joined:
    Mar 25, 2009
    That's good to know, thanx!
     
  16. scottydl

    scottydl

    Messages:
    2,726
    Likes Received:
    113
    Joined:
    May 31, 2005
    Location:
    The Middle
    As to your subject line... you're right, this may not be the right place to ask this question. We are mostly cops in here, not lawyers and not many of us from AZ.

    An AZ lawyer or the local probation department (that is overseeing this fine gentleman's case) are the most reliable sources of information for your situation. Everything the rest of us say is pure speculation and should not be considered valid legal advice.
     
  17. DaBigBR

    DaBigBR No Infidels!

    Messages:
    8,798
    Likes Received:
    14
    Joined:
    Oct 28, 2005
    Location:
    Circling the wagons.
    I remember the post mentioned and agree with this advice.
     
  18. chasbo00

    chasbo00

    Messages:
    172
    Likes Received:
    0
    Joined:
    Jul 21, 2009
    Location:
    Northern Virginia
    Get a gun safe!
     
  19. ImDaGlockinator!

    ImDaGlockinator!

    Messages:
    62
    Likes Received:
    0
    Joined:
    Mar 25, 2009
    Already have one thanx!
     
  20. RussP

    RussP Super Moderator Moderator

    Messages:
    35,366
    Likes Received:
    7,358
    Joined:
    Jan 23, 2003
    Location:
    Central Virginia
    Please do keep us updated as things progress. :thumbsup: