Legal Updates

State v. Rodriquez
Arizona Court of Appeals, Div. 2, 6/27/03

Rodriquez was convicted of being a prohibited possessor of a firearm and appealed. One of the issues he appeals was the seizure of the weapon of which he was found in possession.

A probation officer and a police officer went to the Rodriquez family home to look for Rodriquez’s sister who was a probation absconder. The officers received consent to look for the sister in the house from the mother, who owned the house. The probation officer walked into a room and saw Rodriquez sitting on a bed. On another bed, the officer saw the butt of a long gun sticking out from under the mattress. The probation officer withdrew from the room and told the police officer what he had seen.

The police officer went to the door of the room and observed Rodriquez sitting on the bed under which the gun had been seen. Staying at the door, the officer told Rodriquez to come to him. After getting Rodriquez out of the room, the officer looked under the mattress and found a sawed-off shotgun and ammunition. After seizing the weapon, the officer also noticed the serial number had been removed.

On appeal, Rodriquez argued that the officer did not have probable cause to believe a crime had was being committed at the time of the search and therefore the seizure was illegal. The court ruled that an officer does not need probable cause to seize a weapon when the officer has reasonable grounds to be concerned about the presence of the weapon. The facts of this case gave the officer legitimate concern about the presence of the weapon and therefore he could temporarily seize it, even without initially suspecting that the gun was illegal or that Rodriquez was a prohibited possessor.

COMMENT: As we have said many times, the law gives officers the tools needed to stay safe. All you have to do is know your legal tools.

Source: Chandler PD Legal Unit