I was detained at school today (Aug 29 2007)

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AJAX22

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I appologize if this is in the wrong section, but since it concerns the viewing of online RKBA pro 2A sites I though I'd post this here.

This occured a week ago... and one of the other members of calguns.net sugested that I cross post this over here to keep you guys informed on what was/is going on. THR is another site that I regularly view from school.

the full thread is viewable here:

http://www.calguns.net/calgunforum/showthread.php?t=67652

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.
 
And a followup post

Initially I didn't understand how far the officers were going to pursue this, I've only had one adverse interaction with law enforcement and it was just an attitude thing from one particular officer years ago in my home town.

I just thought that it would go away once I explained myself and my position clearly, I had no idea that they believed they had enough for probable cause for a search, and I did not object to a search of my person because I didn't want the officers to be jumpy (I would prefer not to get shot over pulling out a cell phone or other similar action)

I'm not as up on my tort law as I should be, (and I have limited resources to pursue any kind of legal action that couldn't be funded by the recovery)

and while the whole incident was a bit emotionally distressing, I'm not certain that the ill will which might be incurred on campus would be worth pursuing a civil matter.

I have a number of very VERY liberal teachers this semester and I desperately need good grades to get into the colleges that I am trying to attend

In a class with a subjective grading system, I fear that I if I did make a civil issue out of this and it became public knowledge I could then be singled out and have my grade lowered as a result.

I have had my grade subjectivly lowered once before, I earned a 92.5% in a class and the teacher gave me a B because he didnt like my attitude or what I had to say in my final essay. I can only imagine what my cinema 9 teacher would say if she found out I was pro 2A. She has us do yoga in class instead of drinking coffee.....

The police who were involved were all campus officers so I have no reason to believe that they had a larger anti calgun agenda. One did mention in passing that he was familiar with the site, but it was not in any kind of hostile manner.

A few things struck me as odd during the incident, they mentioned that the report had come in yesterday and that they had shown up to my class only to find out that I was not attending it (I only have one class which I attended thursday... I never skip class)

They had mentioned that I was talking about burying guns and obtaining guns illegally... and while I have in the past discussed burying firearms, (legally owned ones on private property in a secure manner) there is nothing illegal about doing it, and I've NEVER advocated any sort of illegal activity.

I feel that my RKBA is just to important.

When speaking to the officers I did incorrectly cite the posts that I had made yesterday, I informed the officer that I had discussed a remington targetmaster, which I later discovered was not correct, that was substantially prior, as well as the post I made with regard to the utility bill requirements for handgun purchase.

If they had actually visited the site and seen my postings, its possible that my misquoting myself (while under pressure) was what they were refering to as probable cause... I just am not familiar enough with that area of law.

I did not knowingly make an incorrect statement to the officers, but that particular information, I later found out to be in error as to the date of posting.

I can't imagine what other investigation they could be running on me, I lead a clean life and I really do play by the rules.

While the story that the officers gave me was slightly convoluted with regard to specifics, I really don't think there is any more to it than a simple suspicion of concealed carry investigation.

If for some reason they are investigating me they will be extremely disappointed, I Really just don't do anything illegal.
 
and after some more replies another followup post

I was never given a copy of the facesheet, they simply were on the phone for a while, then went into the classroom and exited with my backpack.

I assume they had a warrant because they went from being extremely cautious about going near my backpack without permission to sitting it on the ground and removing its contents in front of me. I never gave consent, they came back and searched and they told me they had a warrant, everything seemed on the up and up and since it was telephonic and issued while standing in a hallway outside of LS153 I didn't think anything of the lack of paperwork.

To their credit they only looked for weapons, they didn't read through my notes or give close scrutiny to any of my papers or documents, it was a straightforward search. (which is good, if they had delved deeper they might have been bored to tears with my economics notes and last semesters french grammar lessons)

They also didn't ask me about the magnesium firestarter block that I keep in my pack as an emergency item.

eta34, there's nothing for you to be sorry about, departmental policy is what it is and I don't fault officers for doing their job, they don't know who I am and I don't know what crazy story they were told by some vapid anti-gun woman, perhaps next time they will do a bit more research to validate the report prior to detaining a suspect... especially if detainment occurs 24 hours after the report was filed.

I've always advocated standing up for your 4A rights, I have great respect for our founding fathers and the constitution.

I know I was doing nothing illegal, but to me consenting to a search of my belongingsis not something I believe is ever the appropriate course of action. (my person Is different, I don't want to create undue tension and the officers were clearly on edge at first)

The law is so complex, there is really no way to be certain that you are not breaking it unknowingly. what if my doodles of guns that I want to build are considered to be a terrorist threat or inappropriate material to have at school? I fear being arrested someday for not following a law that I didn't know about . Its a serious issue.

Paranoia? Maybe, but if you told me that I'd get detained and searched today because of reading up on the current developments in firearms law I probably would have laughed and asked you how in the heck that was PC for anything.

there are just too many laws for anyone to stay current (and forget about staying up to date with stare decisis)
 
and another followup post

Thank you all for the comments, reading them has helped me relax considerably.

I left my backpack in the classroom when escorted outside specifically to avoid its contents being subject to terry, it was never within the 'lunge' area until the officers returned it to me.

Thinking back on yesterdays browsing/posting it is possible that what was seen was a comment I sent to Fox news after reading this thread:

http://www.calguns.net/calgunforum/s...ad.php?t=67519

it was basically the standard RKBA argument, only the law abiding will be disarmed.... police can not possibly have a response time which will be fast enough to prevent violence.... 2A right... etc. and while it was strongly worded, It was not threatening in any way.

Electronic monitoring is a possibility, It seems that they would have better things to do than monitor me but hey its a brave new world out there.

will they just give me a copy of the police report and warrant along with any other documents associated with my investigation? It's my first time as a suspect, My other two run ins with the law were when my car was stolen, and when I was hospitalized for a motorcycle accident. Is it the same procedure for requesting the documents? Is there a way to do it through the mail so I don't have to waste time while I'm at school?

I would like to minimize my contact with beurocratcy if possible.
 
and another followup post

An interesting update..

I went in to the campus police station today to begin the process of requesting a copy of the police report and warrant along with any accompanying documentation. The staff were polite and courteous, and the nice officer who came into the classroom was actually there working on something and came out to say Hi.

Apparently it takes seven to ten days for a police report to be submitted and filed so that I can request a copy. They said that they will have a copy for me when it is completed.

The interesting part of the trip was the response to my request for a copy of the warrant, at first they just stated that telephonic warrants do not have face sheets, and after talking amongst themselves for a minuite or so in back, they informed me that when they called in for the warrant "that service was not available to us at the time" but they assured me that it would all be explained in the narrative of the police report.

I did not ask any follow up questions (the obvious one being "Did you actually get a warrant or did you do a search without consent and without a judge giving you the ok" The reason being that I didn't want to cause anyone to review and 'revise' the report before I was able to get a copy of it in my hand.

They did not actually state to me that they had asked for and received a warrant at the time of the search, they just went off on the telephone and came back and performed the search after telling me that they were going to go get a telephonic warrant.

I'm curious to see the report and find out what the actual story is. I'm beginning to suspect that they performed the search based on nothing but the presumption of probable cause which I do not feel was substantiated.

If they did search me without a warrant, its completely unacceptable, and given that I was waiting for a callback from legal representation (which I stated plainly in front of them), to proceed with the search before I was able to obtain legal council just seems kind of shady to me.

I don't want to get too far offtrack with wild speculation (its possible that they did indeed obtain a warrant and simply were referring to the fact that a manner of printing or transmitting a written copy was temporarily unavailable)

but........

It still remains to be seen just how far the rabbit hole goes... now we just have to wait 10 days... but hey in CA us gunnies are used to it...
 
It won't be long until you can be held on suspicion of committing a thought crime.

Actually, I think you just were. It'd be nice to find out who filed the false police report (I think a report that is wrong on all material terms fits the definition nicely).
 
Definitely sounds like no fun, but at least they didn't press the subject after they clearly determined it was a misunderstanding.

It won't be long until you can be held on suspicion of committing a thought crime.
I'm sure there's some provision under a "hate crime" law somewhere that allows that.
 
In the USA don't you have a specifically written right to demand to know exactly WHO it was who set you up?
I believe that's only if you're actually charged with something. Even then, the "accuser" could be the state, and he wouldn't get to see the now-anonymous tipster.
 
I'm sure there's some provision under a "hate crime" law somewhere that allows that.

Hate crime charges usually require predicate offenses. They punish the state of mind you have while committing another crime. The idea is that if we deter murders, assaults, etc by tacking on an extra 5 years for having a bad attitude while committing the crime.

[Deleted quote deleted]

The right to face one's accusers tends to be restricted to court proceedings. "Anonymous" tips and complaints are all too common. The desire to promote LEO involvement versus self-help (or just letting things go) is perceived to outweigh the concern about false charges.
 
Sounds to me that someone saw you on the gun board and decided that you were the next Cho in waiting. People ought to mind their own business.

You also stated an apology to the cops????? Why would you do this? You did nothing wrong, they owe you an apology.

And as an aside why does anything a person says on an internet forum mean anything in the real world? why should authorities be able to use this against you?
 
It sounds like you were astoundingly coolheaded about the whole thing. Kudos for that. I don't think I would've consented to the search of my person had i been in your situation, but I also don't mean to second-guess you. All things considered, things coul have been much, much worse.

I look forward to hearing how all this plays out. Maybe you'll be able to afford to buy a few new defensive weapons after the dust settles. :D
 
Search

It is refreshing to hear they were polite and couteous to you during the entire incident. I am willing to bet (I offer this from first hand experience) they were thinking what a bunch of BS the entire call was, but if the call was not handled sufficiently and soemthing happened they would be getting BS'd (butt screwed) at a later date.
 
I thought I might have seen it, but to be ont he sae side I would definitely reinterate having at least one lawyer handy for this mess.
 
as a fellow college student, I feel your pain. I have as of late been very careful how my laptop screen is facing when checking out THR at school. But then again its well known on campus that I am the president of the 2nd Amendment Society so that has gotten me enough interesting looks and comments.
 
Looks like you might have the makings of a civil suit with the PD if they can't get you a copy of the warrant. Go to the court that issued it and ask for a copy.

As for the accuser, you are legally entitled to know who is accusing you of such a crime (it's called facing your accuser). Find out who it is and then you might have a case for defamation of character. The police report should note who the accuser is.

Good luck!
 
Hello Judge whatchamacallit... This is officer sosandso over at the University... We have a non-disruptive individual we are detaining that won't cooperate and give us consent to search his bag, therefor he is obviously hiding "something" so that should constitute probable cause for a search.

Oh, one more thing your honor, we are basing our investigation on the word of another student that thought they saw something relating to firearms on a computer screen and was fearful over it, even though firearms are perfectly legal..

Thanks in advance for the Tele-Warrant Your Honor!!


Let the good times roll, Warrants for everybody!!

Without Police bashing, anyone know the ratio of warrants issued vs warrants denied?
 
Wow, what a crazy situation...Thank you for being polite and courteous about the whole thing, it makes us look better.

I'm glad to hear the cops were polite as well. As stated earlier, I'm sure they were thinking this was a crock as well, but they had to it to cover their own butts in case you were the "next cho."
 
I'm sure there's some provision under a "hate crime" law somewhere that allows that.

Not in Indiana. We don't have hate crimes here, as I understand it.
 
Is it possible to request that they wait until you have the facesheet in your hands?

No idea, but I would assume so. Taking an LEO's word for it is never a wise thing. Anyone know the details on telephonic warrants?
 
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