TV reporter arrested for carrying a loaded firearm

[BrokenR1]

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Can't watch the video from here. But regarding the sidewalk thing...



The sidewalk in front of my house is not my property, I cannot technically do what I want with it such as removing it. Every sidewalk I've ever seen has been the same way. It's interesting that some places may regard it as the owners property still.

 

[dng]

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People like to twist laws to suit their agendas or situations.

 

[color of law]

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BrokenR1 wrote:

The sidewalk in front of my house is not my property, I cannot technically do what I want with it such as removing it. Every sidewalk I've ever seen has been the same way. It's interesting that some places may regard it as the owners property still.

In Ohio the property that the sidewalk is on belongs to the property owner. As a matter of fact the property line as shown on the deed is to the center of the street. The property owner owns to the center of the street and pays property taxes on that land. 90% of the roads are not state roads in Ohio. To be a state road the state must own the land on both sides of the road. The majority of roads in Ohio are known as common highways.

I have a friend that owns a building in a town with a sidewalk with parking meters. My friend parks in front of his building and never puts money in the meter and never gets a ticket. Why, because he owns the property. The town cannot charge him a fee to park on his property. The state only has an easement, [size="-1"]a right to use a part of land which is owned by another person.

Because of this easement the sidewalk is in-common and becomes public in nature for public use. The sidewalk can be closed but it cannot be restricted for use to class of persons. Look at right to travel court cases. For the most part, if you are not restricting another from their right to travel then I have a right to be there.

The school does own the property but because of easement it's in-common and is for public use.
[/size]

 

[cato]

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http://www.local10.com/download/2007/1113/14583825.pdf

and he was suspended from work for two weeks for violating the TV Stations no weapons policy.

 

[dng]

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cato wrote:

http://www.local10.com/download/2007/1113/14583825.pdf

and he was suspended from work for two weeks for violating the TV Stations no weapons policy.

and because he ruined a great story for the tv station. He had received deaththreats. I can seethe headlinesnow: "TV Reporter gunned down, more gun control needed". :banghead:

 

[Wynder]

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cato wrote:

http://www.local10.com/download/2007/1113/14583825.pdf

and he was suspended from work for two weeks for violating the TV Stations no weapons policy.

Something that bothers me in that PDF:

"The charges regarding Possession of a Firearm and Violating the Rules of Carrying a Concealed Weapon are mute due to the fact that the there was never a lawful command given."


Shouldn't that be moot? An AG wrote this, yes?

 

[Doug Huffman]

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A subtle difference. 'Mute' means that it doesn't speak to this issue. 'Moot' means that even if it does speak, it doesn't matter.

 

[unrequited]

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I always thought it was a moo point... like the opinion of a cow, it just doesn't matter. > )

 

[nauss]

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UPDATE:


http://www.local10.com/news/15014659/detail.html

MIAMI -- A Local 10 reporter is suing the Miami-Dade County School board and three Miami-Dade County school police officers after an arrest outside a high school last October.

Jeff Weinsier's attorneys filed the suit Wednesday that alleges false arrest, infliction of emotional distress and malicious persecution. It also claims that the conduct of the arresting officers outside of Miami Central High School was outrageous and beyond the bounds of decency.

Weinsier was arrested by Miami-Dade School police on Oct. 23 at Miami Central High School. Police said he was on school property and arrested him for trespassing while he was at the school doing a report on violence.

After his arrest, police discovered he was carrying a loaded handgun.

In what is called a close-out memo, Assistant State Attorney Maggie Gerson said there was no evidence that Weinsier was ever on school grounds.

Weinsier claimed he never trespassed. The state attorneys office agreed with him and later dropped all charges.

As far as the gun Weinsier was carrying, Gerson said: "Anything that was found on the defendant after he was arrested will be suppressed as a matter of law."

Weinsier has a concealed weapons permit and was legally allowed to carry a gun in the state of Florida.

Weinsier filed the lawsuit as a private citizen. Local 10 is not part of the lawsuit.

Local 10 contacted the school board and school police department Wednesday, but both refused comment.

 

[ijusam]

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Now, I know my English sucks but:


[align=left]According to the information provided to me by the police officer and in review of this statute it does not seem applicable since none of the defendants actions while on the sidewalk 1) does not appear disruptive and 2) the children had already been dismissed when the defendant was arrested.[/align]

[align=left]double negative. [/align]

[align=left]this reads his actions were disruptive, and the children had not been dismissed[/align]

[align=left][/align]

 

[Grapeshot]

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ijusam wrote:

Now, I know my English sucks but:


[align=left]According to the information provided to me by the police officer and in review of this statute it does not seem applicable since none of the defendants actions while on the sidewalk 1) does not appear disruptive and 2) the children had already been dismissed when the defendant was arrested.[/align]

[align=left]double negative. [/align]

[align=left]this reads his actions were disruptive, and the children had not been dismissed[/align]

[align=left][/align]

You are correct sir, that is how it reads.
Yata hey

 

[imperialism2024]

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Nice to see that gun owners are on the offensive for a change, rather than the defensive.

 

[Grapeshot]

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imperialism2024 wrote:

Nice to see that gun owners are on the offensive for a change, rather than the defensive.

We can be very offensive but as a rule try not to be.

Shame that you are not here to see us at the General Assebly tomorrow - Lobby Day.

Yata hey

 

[imperialism2024]

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Grapeshot wrote:

imperialism2024 wrote:

Nice to see that gun owners are on the offensive for a change, rather than the defensive.

We can be very offensive but as a rule try not to be.

Shame that you are not here to see us at the General Assebly tomorrow - Lobby Day.

Yata hey

Oh crap.. could you furnish a link to a thread about this? I have off of work tomorrow (love government holidays) but I've been away from OCDO for a little while and am only beginning to catch up now...

ETA: Just saw the thread in the Virginia forum. While I wouldn't have had a problem making the 5-hour drive, unfortunately that would require my leaving here in 3 hours, and i kind of haven't slept yet. I guess I'll wait for the next Virginia event on one of my days off. I kind of like the idea of being able to OC while driving to an OC event, rather than only OCing at an OC event and risk being charged with a felony for transporting a handgun without a license here in PA...

 

[Grapeshot]

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imperialism2024 wrote:

Oh crap.. could you furnish a link to a thread about this? I have off of work tomorrow (love government holidays) but I've been away from OCDO for a little while and am only beginning to catch up now...

ETA: Just saw the thread in the Virginia forum. While I wouldn't have had a problem making the 5-hour drive, unfortunately that would require my leaving here in 3 hours, and i kind of haven't slept yet. I guess I'll wait for the next Virginia event on one of my days off. I kind of like the idea of being able to OC while driving to an OC event, rather than only OCing at an OC event and risk being charged with a felony for transporting a handgun without a license here in PA...

Bets link is http://www.vcdl.org/ click on Va-Alerts on the right hand side.

You'll have to search OCDO as I am very short on time this A.M.

I am sure that there will be tons of stuff beginning tonight when we return.

Have fun. See you next time, I hope.

Yata hey

 

[LEO 229]

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I picked up on the 500' from a school.

So the cop had some idea that the violation was not side walk related or on school grounds specifically... but the fact that the guy was 500' from the school.

It appears he had some bad information he was working with.

But now the reporter can sue and be set for life.

 

[Doug Huffman]

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Don't feed the troll

http://en.wikipedia.org/wiki/Internet_troll

An Internet troll, or simply troll in Internet slang, is someone who posts controversial messages in an online community, such as an online discussion forum, with the intention of baiting other users into an emotional response. [1]

[/sup]

 

[deepdiver]

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BrokenR1 wrote:

The sidewalk in front of my house is not my property, I cannot technically do what I want with it such as removing it. Every sidewalk I've ever seen has been the same way. It's interesting that some places may regard it as the owners property still.

MIAMI -- SNIP Weinsier was arrested by Miami-Dade School police on Oct. 23 at Miami Central High School. Police said he was on school property and arrested him for trespassing while he was at the school doing a report on violence. After his arrest, police discovered he was carrying a loaded handgun. In what is called a close-out memo, Assistant State Attorney Maggie Gerson said there was no evidence that Weinsier was ever on school grounds. Weinsier claimed he never trespassed. The state attorneys office agreed with him and later dropped all charges.

I have been in the title insurance industry for nearly 15 years, have worked on literally thousands of right of way tracts with cities, counties and the state highway department and deal with the underlying issues of ownership and access daily and I think I can help make some sense out of this. In most places, the sidewalk is part of the road right of way. The city will get a right of way, whether an easement, dedicated right or way or other type of ownership, typically of about 50' for 2 lane roads and about 75-80' for 4 lane and about 100' for 4 lane with center turn lane. The road itself will typically be 10-12' wide per lane wide. Within the remaining right of way, the city will also build curbs and sidewalks if so desired. That means that most places the sidewalk is actually in the dedicated right of way of the street and is part of system of public roads thereby giving anyone the right to use it under the same restrictions that apply to the roadway.

Schools are situated on a tract of land typically deeded to the school district or township. Just like any other land owner, their title will typically only extend up to the public right of way. Even if their title extends to the middle of the roadway, as Color of Law said is common in Ohio, the easement they grant for right of way makes that section of land, while still owned by them, available for the free use of the public and you can't be arrested for trespass within that easement dedicated to the public use. In practice there really is no differentiation between a right of way easement and a conveyed right of way beyond some rights possibly inuring to the owner of the land underlying the easement.

I do not know if that particular school owned land up to the right of way or to the center of the road as I've been informed that Florida has a mixture as most states. Regardless, it is clear from the judge's ruling, that the sidewalk in question was within the public right of way and therefore anyone on the right of way was not trespassing on school property.

I hope that makes sense. I am simplifying it a bit and trying to explain this in common language to get the general point across.

 

[jbone]

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Looked like an LEO who’s out of touch with the laws didn’t like being challenged by someone who knew the law. The LEO CLEARLY forced his own law on the reporter. I Hope the station stands behind him and wins big for all armed citizens.

 

[Grapeshot]

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jbone wrote:

Looked like an LEO who’s out of touch with the laws didn’t like being challenged by someone who knew the law. The LEO CLEARLY forced his own law on the reporter. I Hope the station stands behind him and wins big for all armed citizens.

This was settled months ago in favor of the reporter I believe - anyone have the link - I did not locate it.

Yata hey