Who’s Gun is this anyway?

Recently, Boston Police found a gun inside a barbeque grill.  BPD News reports the incident as follows:

“While on patrol, the officers observed two males walking on Bower Street toward Walnut Avenue. The officers immediately recognized one of the individuals who is known to the Commonwealth. The officers exited their department vehicle to engage in conversation. While one officer was speaking to the two individuals, a second officer proceeded to a common courtyard where the two individual were seen exiting prior to the officers’ approach. Officers discovered a loaded .38 Smith and Wesson Special, inside a grill, within the courtyard.  The officer alerted his partner to the presence of the firearm and both males were handcuffed for officer safety.  A Boston Police K-9 partner arrived on scene and conducted an additional sweep of the area for the presence of additional weapons and none were found.  Both males were informed of their Miranda Rights and subsequently denied ever being in possession of the firearm or placing the firearm in the grill.  Both males were identified and released. The firearm and ammunition were seized.”

The facts of this case represent a problem for Police Officers.  Based on the facts alleged in the article, it is clear Police have a belief these two individuals played some role in placing the firearm inside the grill.  However, Police belief does not amount to probable cause to arrest either individual for possession of the firearm.  Undoubtedly, the Police will check the firearm and the ammunition for fingerprints in an attempt to show that someone, either the two men stopped by the Police or someone else, had handled the firearm.  But for now, their beliefs are insufficient to charge the either of the two men with the firearm.

Roxbury Firearm Defense Lawyer

Roxbury Gun Defense Attorney Jeff Miller has successfully defended clients charged with unlawful possession of a firearm.  Under Massachusetts Guns Laws, illegal possession of Firearms often results in mandatory jail or prison sentences if you are convicted.  Second, or subsequent offenses carry enhanced penalties with substantial mandatory prison time.  CLICK HERE to read about gun cases where Attorney Miller has successfully defended client charged with possession of illegal firearms.  If you have been charged with illegal possession of a firearm in Massachusetts, call Boston gun Defense Attorney Jeff Miller at 617-482-5799 immediately for an appointment to discuss your case.