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Thread: California Student Detained for Suspicion of Having a Firearm

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    Newbie cato's Avatar
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    Words fail me.


    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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    Without evidence, isn't it heresay in this matter? Seems like there's no probable cause - only she said, he said....

    Please clarify if I am wrong.

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    From the police report, it sounds like they did not get any warrant. If they have PC, they don't need one anyway - or did I miss something?

    -ljp

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    And even if the police are allowed to "lie" to someone being interogated, it doesn't mean that they can lie to you about the existance of a Search Warrant. From your report is doesn't sound like you got this exchange on tape--- that is a shame.

    For lawEnforcement to lie to you about a search warrant to get you to allow them to perform this search is reprehensible.

    JoeSparky
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

    Life Member NRA
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    2nd amendment says.... "...The right of the people to keep and bear arms SHALL NOT BE INFRINGED!"

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    Can I get a repost? CalGuns isn't loading for me for some reason.
    Why open carry? Because 1911 > 911.

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    I remember posting a reply that I didn't believe the police got a real search warrant and they all pulled the FUD card. . .

    If they don't have paper....don't believe it.

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    Regular Member stuckinchico's Avatar
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    The way I see it FRUIT FROM A POISONOUS TREE DOCTRINE protects me I carry in a holster virtually undetectable even in a t shirt.... Without someone seeing it or me presenting it, there is no probably cause......

    Ladies and gentlemen, you can have a pound of coke on you and the cops find it. If they didnt have reasonable articulate probable cause to stop you, any thing they find doesnt exsist it is all about they reason they stop you which is why i carry in confidence on campus... postiing that i do on here is hearsay and is not enough RAS to be detained plus i just payed 10 grand on a retainer for a laywer just in case. Im in a criminal justice program and we all have pretty much the same classes together.... DAmn well sure I want to make sure we are all safe

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    I was detained at school today on suspicion of carying a concealed weapon.

    Today has been an odd day for me, I was sitting in my physics class at Santa Monica College trying to remember calculus from five years ago when a very polite officer came into the class and asked me if my name was (insert my name here) and if I could please come outside with him.

    I hurried after him immediately worrying that something had happened to my wife or my grand parents, or father or close friends who may have me as an emergency contact.

    Outside there were about five uniformed officers arranged in a semi circle with their hands close to their weapons, which I thought was odd for an emergency notification.

    The officer who had come in for me introduced himself and explained to me that someone had observed me on an internet chat board (here at calguns) while I was sitting in a school computer lab, and apparently I was posting messages on how to bypass laws and illegally obtain firearms and hide them and I was making some kind of threat against the student body, and apparently somehow this translated to me being a threat to the school and under suspicion of carrying a gun.

    I explained that I hadn’t posted any such thing, and while I might have explained to someone what they need to legally purchase a pistol in CA I have never advocated breaking the law in any way shape or form. (I actually posted about the utility bill requirement a while ago, but under a little bit of stress I couldn’t recall if it was the day before or a few days prior, it just seemed like the only post that could even remotely be misconstrued)

    They then searched my person with my consent (I didn’t want the officers to feel ill at ease while I was standing there, and as I understand it an officer safety search is completely constitutional and I don’t have a problem with them feeling more comfortable around me)

    They explained that after the VT and columbine things people were at a higher state of paranoia and they were obligated to follow up on any credible report, and explained to me that they needed to search my backpack to make sure that I didn’t have any weapons in it.

    I replied that I did not consent to a search and did so on the grounds of privacy and a strong belief in the fourth amendment, I offered to show them all the internet posts that I had made so that they could judge for themselves whether or not this was a credible report.

    They explained to me that based on my statements and the report they had from the female individual they had plenty of probable cause for searching my bag, but my consent would considerably speed up the process.

    I declined further and they had the sergeant and chief of police (I believe) who were nice individuals and very courteous and professional come and talk with me while they called in for a telephonic warrant. It took them a considerable amount of time (20-30 min) and I began to inquire how long I had to stand out there and at what point it became unlawful detainment. They stated that since I was a suspect under investigation being detained that I could not go back into the classroom, nor could I take my things and leave campus.

    I then called my wife and asked her to call T.M. and have them give me a call (I didn’t have the phone number on me for some reason… It might have been in my wallet but my wallet was being held onto by one of the officers.

    Speaking of my wallet, the officers took a special interest in it, I have an old police wallet that has space for a badge, I don’t carry a badge, I’ve never carried a badge, I’m not a policeman wannabe or mall ninja, I just appreciate high quality leatherwork and when my old JC penny wallet wore out, I purchased a badge wallet that was on sale at the local shooting range/police supply outlet. It is a nice lattago leather that is well stitched and has held up so well for the last seven years that I don’t think I’ll ever need another one.

    I don’t really understand why it was of such interest to them, but it was, and I guess they have to deal with a lot of wannabe cops impersonating an officer.

    They obtained a warrant, searched my bag, determined that unless I was planning on throwing my physics notes at someone (which reminds me I left a notebook on the desk in class…. I’ll have to get it tomorrow) I had nothing that was illegal in my bag.

    They apologized to me for the inconvenience, chatted about competitive shooting and ca law a bit and sent me on my way.

    I was a bit shaken and class was almost over so I left to go get a cold soda and go home (I only have one class on Thursdays)

    My wife was really distraught over this, and has all but forbidden me from discussing guns in public or chatting on calguns while at school. I don’t blame her, it’s a hard phone call to get, “hey babe, I’m being detained on suspicion of carrying a concealed weapon please contact T.M. for me”

    Chuck called me on my cell phone shortly afterwards and I explained to him what had happened, and why I took the pre-emptive step of contacting him. (I didn’t feel that some unsubstantiated report constituted probable cause for violating my privacy or treating me like a criminal, and what if a single round of ammo was lodged in my backpack somewhere from a range trip three years ago? Its happened before (I only found out when I had to get on an airplane and they x-rayed my bag), or if I had an exacto knife from one of the art classes that I had forgotten about and had wound up in with my pens…

    I just feel uncomfortable allowing people to search through my possessions, and I didn’t want to allow for an accidental empty brass casing or something to cause me to get expelled from a school that I’ve worked very hard at (3.87 GPA, I’ll be graduating with two AA’s this quarter and transferring to a new school next year)

    I also felt a little embarrassed that my bookmark for my recreational reading is one a friend made me that features the land-o-lakes girl and has a little flap that you lift to make her show her breasts… I don’t mind you guys knowing about it, (hey its just guy bawdy talk) but pulling it out at school and discussing it would be inappropriate, also in our PC world I didn’t want to get kicked out of school for having something like that. (I hadn’t thought about it being inappropriate until they asked to search, It wont be accompanying me to school in the future)

    I didn’t want to make the officers jobs harder by not granting consent for the search, I just value my rights and I don’t want doodles of guns or notes from my polysci class to ruin the education that I’m working so *&^%# hard to get. Part of me also distrusted the fact that they actually had P.C. for a search, it just seemed that if they had it, they would have gone ahead and gotten a warrant for it prior to pulling me out of class. I guess schools are a different sort of environment, the warrant was obviously granted via the telephone.

    C.M. is going to be sending me a few cards and a magnet, he was very understanding and having access to him incase of something like this was a huge relief. Apparently (according to my wife) mentioning calguns brought immediate recognition and action. It actually brings a tear to my eye thinking that you guys are out there and organized and I’m not just one man that has to stand alone (ok it’s a bit melodramatic). Seriously, just the though of it meant more than you can know.

    I’m not sure who reported me as a dangerous guy, (maybe it was the local news? I sent a commentary letter to them yesterday from a school computer discussing the RKBA) I don’t really care who did it, though its saddening that this is what our society has come to, reporting ‘suspicious activity’ instead of just talking to the ‘suspicious’ guy about what’s going on first.

    I just wanted to let you guys know about it, It feels good to get it out so I’m not just thinking about it. (I was a little shaken up buy the whole thing, I’m a big advocate of following the rules to the exact letter of the law, and to be accused of being a criminal actually hurt)

    To T.M. thanks for being there,

    To the officers (who I’m sure are reading this, I encouraged them to come and find out what the site was all about) Thanks for being professional and courteous about the incident, I’m sorry for making your jobs harder.

    To the rest of you guys, be careful where you look at Calguns, people are snoopers and even if you are a clean cut professional looking upstanding individual with no prior history of anything, you too can be a suspect based on the word of someone who disagrees with you politically, or misreads an email you write to the newspaper.

    ****EDIT*****

    Here is a copy of the police report, I'm adding it here so its easy to find in the thread

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    There is no mention of a search warrant at all in the police report.



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    stuckinchico wrote:
    The way I see it FRUIT FROM A POISONOUS TREE DOCTRINE protects me I carry in a holster virtually undetectable even in a t shirt.... Without someone seeing it or me presenting it, there is no probably cause......

    Ladies and gentlemen, you can have a pound of coke on you and the cops find it. If they didnt have reasonable articulate probable cause to stop you, any thing they find doesnt exsist it is all about they reason they stop you which is why i carry in confidence on campus... postiing that i do on here is hearsay and is not enough RAS to be detained plus i just payed 10 grand on a retainer for a laywer just in case. Im in a criminal justice program and we all have pretty much the same classes together.... DAmn well sure I want to make sure we are all safe
    It's not hearsay if the perpetrator is the one saying it. That's a confession/inculpatory admission.

    -ljp

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    gutshot wrote:

    This happened two years ago.
    Just posting the text as was requested.

    Hopefully the issues related to this have already been addressed locally.

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    cato wrote: I'm simply dumbfounded that this student would have allowed his rights to be so easily violated....

    words truly escape me...

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    suntzu wrote:
    SNIP I'm simply dumbfounded that this student would have allowed his rights to be so easily violated....
    Students not asserting their rights during police encounters is literally the reason Scott Morgan founded FlexYourRights.org--the group that made the Busted video. He makes this explanation in an interview linked on the FYR website.
    I'll make you an offer: I will argue and fight for all of your rights, if you will do the same for me. That is the only way freedom can work. We have to respect all rights, all the time--and strive to win the rights of the other guy as much as for ourselves.

    If I am equal to another, how can I legitimately govern him without his express individual consent?

    There is no human being on earth I hate so much I would actually vote to inflict government upon him.

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