• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Bandanna Wearing Man NOT Robbing the Pharmacy

TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
But how did they know he was carrying, if he was carrying concealed?

Seems like something is missing here.

TFred

Man wearing bandana for health reasons causes robbery scare at Petersburg pharmacy

Police tell 8News they were called to a reported robbery in progress at the CVS at 2100 S. Crater Road at approximately 9:30 a.m. Once on scene, police learned that 27-year-old Toddaryl Brown allegedly wore a bandana over the lower part of his face to shield a health concern. He was also in possession of a weapon that did not have a proper permit. He was charged with one felony count of wearing a mask and creating a public alarm as well as misdemeanors for a concealed weapon violation and disorderly conduct.​
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
Once on scene [and after proning the guy out, handcuffing him after beating him several times with orders to "stop resisting", and finally asking him WTF he was doing wearing a bandanna mask] [and without the required doctor's note]

Seems the report just figured you would know all the petty details.

stay safe.
 

TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
Halloween must be a hoot...:rolleyes:

Another check mark in the "Don't go to VA" column.
Halloween doesn't really count, but yes, you do need a doctor's note if it is for medical reasons!

TFred

§ 18.2-422. Prohibition of wearing of masks in certain places; exceptions.

It shall be unlawful for any person over 16 years of age to, with the intent to conceal his identity, wear any mask, hood or other device whereby a substantial portion of the face is hidden or covered so as to conceal the identity of the wearer, to be or appear in any public place, or upon any private property in this Commonwealth without first having obtained from the owner or tenant thereof consent to do so in writing. However, the provisions of this section shall not apply to persons

(i) wearing traditional holiday costumes
;
(ii) engaged in professions, trades, employment or other activities and wearing protective masks which are deemed necessary for the physical safety of the wearer or other persons;
(iii) engaged in any bona fide theatrical production or masquerade ball; or
(iv) wearing a mask, hood or other device for bona fide medical reasons upon (a) the advice of a licensed physician or osteopath and carrying on his person an affidavit from the physician or osteopath specifying the medical necessity for wearing the device and the date on which the wearing of the device will no longer be necessary and providing a brief description of the device, or (b) the declaration of a disaster or state of emergency by the Governor in response to a public health emergency where the emergency declaration expressly waives this section, defines the mask appropriate for the emergency, and provides for the duration of the waiver.

The violation of any provisions of this section is a Class 6 felony.​
 

jmelvin

Founder's Club Member
Joined
Jun 12, 2008
Messages
2,195
Location
Lynchburg, Virginia, USA
Halloween doesn't really count, but yes, you do need a doctor's note if it is for medical reasons!

TFred

§ 18.2-422. Prohibition of wearing of masks in certain places; exceptions.

It shall be unlawful for any person over 16 years of age to, with the intent to conceal his identity, wear any mask, hood or other device whereby a substantial portion of the face is hidden or covered so as to conceal the identity of the wearer, to be or appear in any public place, or upon any private property in this Commonwealth without first having obtained from the owner or tenant thereof consent to do so in writing. However, the provisions of this section shall not apply to persons

(i) wearing traditional holiday costumes
;
(ii) engaged in professions, trades, employment or other activities and wearing protective masks which are deemed necessary for the physical safety of the wearer or other persons;
(iii) engaged in any bona fide theatrical production or masquerade ball; or
(iv) wearing a mask, hood or other device for bona fide medical reasons upon (a) the advice of a licensed physician or osteopath and carrying on his person an affidavit from the physician or osteopath specifying the medical necessity for wearing the device and the date on which the wearing of the device will no longer be necessary and providing a brief description of the device, or (b) the declaration of a disaster or state of emergency by the Governor in response to a public health emergency where the emergency declaration expressly waives this section, defines the mask appropriate for the emergency, and provides for the duration of the waiver.

The violation of any provisions of this section is a Class 6 felony.​

Beyond the exceptions, the prosecutor will have to demonstrate intent, since the Code requires that the felony is only applicable to someone who is wearing a mask with the intent to conceal his identity.
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
Halloween doesn't really count, but yes, you do need a doctor's note if it is for medical reasons! ...
Why not? Officer discretion?
Iconfused.gif


What is a traditional holiday costume, who decides? The point behind a "traditional holiday costume" is to conceal the wearers identity if I am not mistaken.

"...any public place, or upon any private property..." Seems like anywhere is everywhere. Does a 17 y/o need a note from his mom/dad to mask-up at home and in writing?

A felony...
jawdrop.gif


Then again, it is the law and all...
dope2.gif
 

TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
By the letter of the law, when I walk into a hospital and they require a mask but do not supply a doctor's note, I'm a law violator.
No, you're covered under (ii):

(ii) engaged in professions, trades, employment or other activities and wearing protective masks which are deemed necessary for the physical safety of the wearer or other persons;

TFred
 

skidmark

Campaign Veteran
Joined
Jan 15, 2007
Messages
10,444
Location
Valhalla
Sooo Skid,, where did you get that thing that looks like a quote,, about proning and beating?
I didnt see it in the news report...

The guy was stopped, detained, and arrested, wasn't he? Are those events not part of the process of being stopped, detained, and arrested?

Do you not recognize any of the various uses for putting words between [] marks?

Faith in humankind and/or sarcasm - your call.

Of course, there is also the possibility that the cops discovered the gun in a pat-down search subsequent to detention/arrest and questioning of the arrestee about the gun they found and the lack of a physician's affidavit supporting the wearing of the mask for health reasons, after, of course, informing him of his rights against self-incrimination and to the presence and advice of an attorney before responding to custodial questioning.

stay safe.
 

1245A Defender

Regular Member
Joined
Jul 7, 2009
Messages
4,365
Location
north mason county, Washington, USA
Well,,,

The guy was stopped, detained, and arrested, wasn't he? Are those events not part of the process of being stopped, detained, and arrested?

Do you not recognize any of the various uses for putting words between [] marks?

Faith in humankind and/or sarcasm - your call.

Of course, there is also the possibility that the cops discovered the gun in a pat-down search subsequent to detention/arrest and questioning of the arrestee about the gun they found and the lack of a physician's affidavit supporting the wearing of the mask for health reasons, after, of course, informing him of his rights against self-incrimination and to the presence and advice of an attorney before responding to custodial questioning.

stay safe.

Yes,,, I do Not recognize the various uses for putting words between [] marks.
In fact I dont think I recognize Any of the uses.
I Do feel estupido now.
Ive read you long enough that I should assume nothing,,,
and question everything else you write.

I think that Without the Quote bubble I would have seen "what you did there"

Thanks for bringing me back up to speed.

Just goes to show how fast I will loose my momentum again!
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
From the OP FUQ:

"He was also in possession of a weapon that did not have a proper permit."

When did weapons (guns) start being required to have a permit? :p
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
9,315
Location
here nc
From the OP FUQ:

"He was also in possession of a weapon that did not have a proper permit."

When did weapons (guns) start being required to have a permit? :p

and the PC for the nice LEs to discover that firearm?

ipse
 

wrearick

Regular Member
Joined
Mar 6, 2013
Messages
650
Location
Virginia Beach, Va.
Beyond the exceptions, the prosecutor will have to demonstrate intent, since the Code requires that the felony is only applicable to someone who is wearing a mask with the intent to conceal his identity.

That is not how I read the code: I see it saying that if what ever you are wearing has the effect of covering enough of your face to conceal your identity you are guilty regardless of intent. that means when I go out in the cold and wrap a scarf around the lower part of my face to warm the air I am breathing in, I am guilty of this class 6 felony
 

TFred

Regular Member
Joined
Oct 13, 2008
Messages
7,750
Location
Most historic town in, Virginia, USA
That is not how I read the code: I see it saying that if what ever you are wearing has the effect of covering enough of your face to conceal your identity you are guilty regardless of intent. that means when I go out in the cold and wrap a scarf around the lower part of my face to warm the air I am breathing in, I am guilty of this class 6 felony
Read the code.

"(ii) engaged in professions, trades, employment or other activities and wearing protective masks which are deemed necessary for the physical safety of the wearer or other persons;"

Walking in cold weather is obviously an "other activity," and any mother will tell you that a scarf is essential for your physical safety!

TFred
 

Grapeshot

Legendary Warrior
Joined
May 21, 2006
Messages
35,317
Location
Valhalla
Read the code.

"(ii) engaged in professions, trades, employment or other activities and wearing protective masks which are deemed necessary for the physical safety of the wearer or other persons;"

Walking in cold weather is obviously an "other activity," and any mother will tell you that a scarf is essential for your physical safety!

TFred
Makes a good garrote too.

Just ask Isadora Duncan.

Can also be used as a sling, blindfold, tourniquet, gag, or dog leash.
 

user

Accomplished Advocate
Joined
Feb 12, 2009
Messages
2,516
Location
Northern Piedmont
That is not how I read the code: I see it saying that if what ever you are wearing has the effect of covering enough of your face to conceal your identity you are guilty regardless of intent. that means when I go out in the cold and wrap a scarf around the lower part of my face to warm the air I am breathing in, I am guilty of this class 6 felony

nope, it's a specific intent offense - it's not with the general intent to wear the bandanna having the incidental effect of concealing identity, the commonwealth has to prove that he intended to conceal his identity. now there is a standard jury instruction that says that a person can be presumed to have intended the natural and probable consequences of his actions, so he's going to have to get on the stand and say he had no intention of concealment. if I were representing him, I'd hammer the commonwealth's witnesses about whether or not they asked him who he was and if so what his response was, and make as much as I can about his intention to pay for what he was buying with a credit card which pretty much establishes his intention to state his identity accurately. Assuming for the sake of argument that the facts would support those arguments.

By the way, if you wear a scarf or balaclava because of the cold weather, make sure you've got your doctor's affidavit with you.
 
Last edited:

paramedic70002

Regular Member
Joined
Jun 14, 2006
Messages
1,440
Location
Franklin, VA, Virginia, USA
Read the code.

"(ii) engaged in professions, trades, employment or other activities and wearing protective masks which are deemed necessary for the physical safety of the wearer or other persons;"


TFred

If he was intending to rob the place, then robbery would be an "other activity," rendering him not guilty of the Felony mask charge. Or so some attorney might argue.
 
Top