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I wish I could tell you it is, but it isn't. When you pointed out that you had a gun in the backpack you gave them consent to check it out. Upon entering, if they did not specify that they were searching, and you did not give them consent to do so, and then found the gun by investigating and you not bringing it to their attention then you could indeed say you have grounds for an illegal search. The officers legally had a right to check on your brother, they would not however have had a right to dig through anything unless your brother gave them reason to.


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