CCCC student arrested for carrying gun

[n1zfg]

If this state and this country recognized the constitution, this would be a non issue....

Actually, it would be a one issue...

Leaving gun related stuff in plain sight in a vehicle not only made him a
target for that harassment and pat search,
but it is also like painting a sign in "dirtbag" that reads....

"STUFF WORTH STEALING HERE! BREAK GLASS FOR ACCESS!".

 

[PEW]

There have been 514 February 29th's since Caesar created the day to be added to the calendar. Since the Mayan calendar did not account for Leap Year adjustments and was based on a strict 28 day per month system then according to the mayan Calendar today is August 26th, 2013 and the End of the World is 8 months late!

The Mayans used a lunar calendar, not the Gregorian mess we have today. There was no leap year in their calendar, nor should there be. Just sayin'.

 

[Pilgrim]

There was no indication that Whitehead had any grudge against anyone at the school or plans for violence there, Sweeney said.

Then arrest the sumbitch. He ain't up to no good.

 

[NewGunGuy]

Maybe that IDIOT Deval Patrick will send him out to a Crap sox game this season and he can sneak out to take his college exams!

This state is so crappy that more than half of the population needs to be aborted.

 

[mousegunfan]

What happens to the owner of the gun? I assume he stole it from his mother. At least (that we know of) the police did not confiscate all of his mothers guns like the parent of the kid in Falmouth.

 

[M1911]

"Whitehead said he was not carrying a handgun, but after a safety pat-down Whitehead told Donovan that he had a .380-caliber handgun and three clips of hollow-point ammunition in the backpack, Sweeney said."

What's a "safety pat-down"? ....sounds like something done at the discretion of the officer... consent now a formality?

Sounds like a Terry frisk:

http://en.wikipedia.org/wiki/Terry_v._Ohio

 

[AntiHippie]

Sounds like a Terry frisk:

http://en.wikipedia.org/wiki/Terry_v._Ohio

Man, I just copied that same link and was about to post the same thing...the hell of it is, I really don't think that, given the totality of the circumstances, and considering MA laws, there's any argument against the officer having reasonable suspicion based in articulable facts.

 

[xtry51]

I'm so glad we've gotten another person trying to better themselves off the streets and into the revolving door of govt stupidity that will now prevent him from ever getting a decent job. Now he'll have to go on govt assistance and vote for Obama so he can keep getting his welfare and EBT card from the same peoplemwho made it impossible for him to make a living honestly.

 

[Rob Boudrie]

Sounds like a Terry frisk:

http://en.wikipedia.org/wiki/Terry_v._Ohio

Iffy, since he didn't do anything to make it clear he was not consenting to the search. If he set the bag down and took a couple of steps away from it when approached, it would make it hard to justify a Terry frisk, unless it could be reasonable alleged it was within reaching distance. Furthermore, absent consent (and cops will tend to argue consent), a good attorney could argue a backpack is beyond the scope of Terry as it was a separate container, and there was no way for the subject to reach into it and grab a weapon while speaking to the police. (Iffy, but at least an argument that could be made).

But then, if he was smart enough to understand these nuances, he wouldn't be in the situation he put himself in.

 

[m60lmg]

It is perfectly legal to have ammo/knifes in a locked vehicle as long as you are properly licensed correct?

 

[Broc]

OMG! this kid carried a gun all day long, no one knew and no one died. I thought we had laws to protect us against this evil guns that murder people on their own. We need tougher laws. how about: No guns inside a one mile radius around campus...yes, that should stop people from bringing guns.

 

[Rob Boudrie]

It is perfectly legal to have ammo/knifes in a locked vehicle as long as you are properly licensed correct?

Yes, but campus police tend to be (deliberately) mistrained on this issue and the vast majority appear to be convinced that the criminal offense is "possession on school grounds", not "carry on one's person on school grounds".

 

[OfficerObie59]

What the hell was the security doing looking into vehicles in the parking lot?

Probably looking for the parking permit on the windows.

 

[terraformer]

It is perfectly legal to have ammo/knifes in a locked vehicle as long as you are properly licensed correct?

Yes (though not advisable due to the panty shitting hysterics), but that's a 4A issue that he precluded by offering up the gun and backpack.

 

[terraformer]

Probably looking for the parking permit on the windows.

So they say. School security is more likely inspecting interiors intentionally to find something. The above case is not the only one I have heard of where a parking sticker check allowed a security guard to find something very small "in plain view" through the window. Given the sticker can be seen from 20 ft away, I find it hard to believe that they need to be close enough where they can see something that small solely to check a parking sticker.

 

[OfficerObie59]

Man, I just copied that same link and was about to post the same thing...the hell of it is, I really don't think that, given the totality of the circumstances, and considering MA laws, there's any argument against the officer having reasonable suspicion based in articulable facts.

The fact there was ammo in the car and he said the car was his? Reasonable suspicion is a low standard, usually quantified at about 25-30% liklihood. And if there was a violation it would have no bearing on the case as their were no fruits of the pat frisk.

 

[OfficerObie59]

So they say. School security is more likely inspecting interiors intentionally to find something. The above case is not the only one I have heard of where a parking sticker check allowed a security guard to find something very small "in plain view" through the window. Given the sticker can be seen from 20 ft away, I find it hard to believe that they need to be close enough where they can see something that small solely to check a parking sticker.

You could well be correct, but if you can read the expiration date on the sticker from 20 feet, your vision is much better than mine.

 

[p..]

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[terraformer]

You could well be correct, but if you can read the expiration date on the sticker from 20 feet, your vision is much better than mine.

Or different colors for different semesters which is what most schools do.

Unless I am mistaken, students there do not need parking permits.

This would not be surprising. It's nero fiddling while Rome burns. The amount of "pre-crime" enforcement is going through the roof while the true killers are continuing to kill. A woman slashed her kid's throats and burned them alive as they died this week. Known mental health issues and lots of contact with the PD. Had she been an LTC holder she would have been locked up a long time ago.

 

[mousegunfan]

Held without bail for this! What's the max sentence 1 year. The judge actually said he put hundreds of students at risk. See folks, they can hold you for any reason, just declare you dangerous. He had an FID, so he could have the ammo.

 

[M1911]

Held without bail for this!

And in contrast, the two who tried to kill a cabby in Boston were out in a day on $10,000 bond.

 

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[oilspill]

What the hell was the security doing looking into vehicles in the parking lot?

From the original article:

Decals and bumper stickers on the Jeep apparently attracted attention during routine rounds by the officers who then spotted the ammunition in the vehicle, she said.

If this is the guy I've seen around there's a big one of these on the back:

 

[Koolmoose]

If the packy runs out of 18s of Busch light tallboys that would be the end of my world.

Busch Light Yecccceh! (Sorry, just my taste) Now if they run out of Guinness that is truly indeed TEOTWAWKI!
Steve

 

[Coyote33]

Held without bail for this! What's the max sentence 1 year. The judge actually said he put hundreds of students at risk. See folks, they can hold you for any reason, just declare you dangerous. He had an FID, so he could have the ammo.

And in contrast, the two who tried to kill a cabby in Boston were out in a day on $10,000 bond.

Heaven forbid he do any siding work as a side job.

 

[p..]

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[p..]

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[OfficerObie59]

Article from the CCCC school newspaper, front page above the fold, continued on page 5.

http://www.capecod.edu/c/document_l...c9f-b340-4b1f-9531-8041304a8761&groupId=33012

http://www.capecod.edu/c/document_l...ffb-8ae6-493b-9714-efff26325961&groupId=33012

All written to put the liberal sheeple students at ease.

Sweeney agreed that it is unequivocally against the law to carry a gun on campus, but said after further investiga- tion he does not believe that Whitehead intended to harm anyone.

Actually, you can carry on campus if you have written permission of the administration. That would seem to not be "unequivocal".

 

[Rob Boudrie]

Actually, you can carry on campus if you have written permission of the administration. That would seem to not be "unequivocal".

Also, "not on his person" carry is not unequivocal as well.

The article also says that having an FID card is "irrelevant" because it was on school grounds. While it may be irrelevant for the handgun, having an FID or LTC as appropriate renders a 269-10j offense citable, rather than arrestable, and furthermore, does not trigger the mandatory jail/prison time of a Bartley-Fox unlicensed carry conviction.

 

[MisterHappy]

Details are irreleant WRT the law, when the safety of the children is a consideration.