Felon Arrested For Possession

Summary

The user, a felon in Louisiana, was arrested for possession of a stolen firearm, receiving stolen property, and being a felon in possession of a firearm. The firearm was found in a shed on his property, which was rented by his brother. His brother admitted to stealing the gun and locking it in the shed, and is currently serving prison time. The users lawyer, a public defender, has the brothers affidavit and is working to get the case dismissed. The user expressed concerns about the legality of the polices warrantless search and the fact that the police department was out of their jurisdiction.

Full Conversation

My brother rents a shed for storage on my land behind my house (in Louisiana). He stole a gun and locked it in the shed he rents from me. I had no clue about the gun, I am a felon, I wouldn't have allowed him to put the gun in the shed if I had known. The police came to my house and broke the lock on the shed my brother rents then arrested me for possession of a stolen firearm, receiving stolen property and felon in possession of a firearm. My brother wrote an affidavit stating that I had no knowledge of the gun and he was the one who stole it and locked it in the shed. He plead guilty and is now doing time in prison. My pretrial hearing is in two weeks, last month at court I plead not guilty. Since my brother wrote the affidavit and took the charges and time, should they dismiss the case?
Did you have a lawyer present when you were arrested and have you discussed this affidavit with your lawyer?
No the lawyer was not there when I was arrested. And yes, the lawyer has the affidavit and the affidavit was also signed witness by the investigator of our parish.
Has your lawyer filed a motion to dismiss the case based on your brother's affidavit? In Louisiana, possession laws can be complex and often depend on specific circumstances.
I'm not sure, the lawyer is a public defender. I've only met him once.
Have you been able to communicate with your lawyer about your concerns and the potential dismissal of your case based on your brother's affidavit?
At the last court date he said he was going to do what he could to get the case dismissed.
What is the name of the court where your case is being heard? This will help me provide you with more specific information.
Concordia parish court
What is the date of your pretrial hearing?

Concordia Parish Court is located at * Carter St, Vidalia, LA *, USA. You can contact them at +* *-*-*.
August *
Have you informed your lawyer about your status as a felon and the potential implications this could have on your case?
Explanation: In Louisiana, felons are prohibited from possessing firearms. This could potentially impact your case.
I wasn't in possession of the firearm. It was in a shed with two locks on the door that was locked. Technically the shed is my brothers, he was renting the shed from me at the time, I have paperwork proving he was renting the place the gun was found in.
Did your brother have exclusive access to the shed or could anyone else access it?
Only he could. He had a key to the locks. Nobody else did. The police broke the lock to get in the shed.
Did the police have a warrant to search the shed? In general, law enforcement needs a warrant to search private property unless certain exceptions apply.
Without a warrant.
No.
Did you or your lawyer file a motion to suppress the evidence due to the warrantless search?
No.
Did the police provide any reason for the warrantless search? In Louisiana, warrantless searches are generally illegal unless certain exceptions apply.
No they did not. They only said since I was on probation they could do what they wanted.
Did your probation terms allow for warrantless searches? In Louisiana, probation often includes consent to searches without a warrant.
The police department that also did the search was out of their jurisdiction.
Did your lawyer raise the issue of the police department being out of their jurisdiction during the search?
No
Do I need a different lawyer?
It's important to feel confident in your legal representation. Have you expressed your concerns to your current lawyer?