General Question

pleiades's avatar

Is it illegal in California to not tell officers there is someone in the house with a gun?

Asked by pleiades (6617points) September 23rd, 2013

What happened to, “the right to remain silent.” ?

Don’t watch the video it’s boring but read the short story here

It’s about a man who failed to tell officers his friend and a girlfriend had guns in his room and they fired on officers killing one.

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6 Answers

WestRiverrat's avatar

The key point you left out is that the person in question was on probation. There are certain rights you give up as condition to being on probation instead of sitting in jail. If he knew there were guns in the house he was probably violating his probation by staying there. He should have told the officers.

livelaughlove21's avatar

People on probation cannot be in the possession of a firearm and cannot stay in a home where guns are present. If someone in the house has a gun, the offender needs to tell his PO about it. Also, the Miranda rights are for after an arrest takes place.

Anyone that assaults or kills a cop is a complete idiot. You punch a random guy in a bar, you MIGHT spend the night in jail; you punch a cop, you’ve got some serious assault charges over your head and will probably serve some time. Common knowledge. Lying to a cop is equally stupid.

filmfann's avatar

@WestRiverrat got it right. If you are on probation, you can be searched at any time for any reason, and you cannot be in possession of or in a home with firearms.
He was not cooperative, and I am sure the cops expected the worst, but he is still going to take the heat for this.

pleiades's avatar

Had zero clue about that with probation. Thanks!

WestRiverrat's avatar

@livelaughlove21 it depends on what you are on probation for and the terms the judge wants to impose. The terms of probation will be less stringent for someone with traffic citations or shop lifting as opposed to violent crime like armed robbery or assault.

livelaughlove21's avatar

@WestRiverrat I don’t know about California, but in my state probation conditions are the same for every probationer regardless of offense, including the firearm condition.

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