No trespass = No charge

[Aguila Blanca]

Remember the reporter who was arrested for trespassing on "school property" and then found to be carrying a concealed handgun? The DA has determined that the police erred:

No Gun Charges for Reporter Near School
Published: 11/13/07, 3:05 PM EDT

MIAMI (AP) - Prosecutors have dropped the case against a TV reporter who was arrested carrying a loaded gun near a high school while working on a story on school violence, authorities said Tuesday.

Jeffrey Weinsier of WPLG, an ABC network affiliate, was arrested last month after police said he carried a weapon onto the grounds of Miami Central High School and refused to cross the street when asked by an officer.

A cameraman caught the encounter on videotape, which the state attorney's office used in deciding not to pursue the charges, Assistant State Attorney Maggie Gerson wrote in a memo released Tuesday.

Weinsier had been charged with armed trespass on school property, possession of a weapon, violation of carrying a concealed weapon and resisting arrest without violence. But he was not on school grounds when police approached him and ordered him to leave, Gerson said.

"Since the defendant was not trespassing, anything that was found on the defendant after he was arrested will be suppressed as a matter of law," Gerson wrote.

Weinsier's actions did not appear disruptive and students had been dismissed from classes when he was arrested, Gerson said.

The reporter began carrying a gun after he received death threats stemming from a series he did about unsanitary conditions at restaurants, according to the station. Weinsier has a concealed weapons permit, police had said.

"From day one, I knew that I had been on the public sidewalk outside the school," Weinsier said Tuesday. "I knew the law clearly. This is false arrest."

The reporter said he has filed a formal complaint with the Miami-Dade Schools Police Department and is considering legal action.

WPLG is owned by The Washington Post Co.



Copyright 2007 Associated Press. All rights reserved.

 

[TallPine]

Well, what do you know ???

Though IIRC, the reporter has already been tried and convicted in the THR court

 

[Working Man]

Glad to hear it.

I hope he does pursue some form of legal action.
We need people that will take action showing that there are consequences
when a person's rights are infringed upon.

Too many people just let things go.

 

[damien]

Dismiss Porky.

 

[Mr White]

WPLG is owned by The Washington Post Co.

I cannot believe that the Washington Post, of all companies, doesn't have a strict no weapons policy.

The guy'll get off on the trespass charge but will end up getting fired for carrying a legal gun.

 

[Kindrox]

I hope the reporter goes after the cops personally. I am long tired of paying out tax money because some civil servent idiot made the wrong choice. And how about a criminal sanction too, since it is obvious the arrest was politically motivated.

 

[mp510]

Good to see the DA exercised proper discretion.

 

[TommyJ]

This is interesting because people can be convicted of crimes occuring near schools i.e. drug deals etc. I realize that no crime was committed and thus should not have been arrested. However, if the reporter "lost it" and shot up the school or ended up in a gun fight with those who had threatened him what would we be saying about the cop then? The laws get kind of cloudy when it concerns school and school ground and the area around schools. Again, I agree the arrest was a mistake. As an educator I would rather have the cop make the mistake outside the school. Had the reporter gone on to school grounds he would have violated the law in most states.

 

[zxcvbob]

Whatever happened to the criminal assault charges the cameraman was pursuing against The Big Cop™ (for shoving his camera, twice)?

 

[El Tejon]

Tommy, the Florida statute was not cloudy at all. The officer exposed the department and city to civil liability. We shall see what happens.

 

[romma]

Though IIRC, the reporter has already been tried and convicted in the THR court

I understand your point TallPine, but I do think that the main focus was on the fact that if the reporter did break the law, then he should be subject to the same laws as anyone else...

I thought that if he did the crime he should pay myself... I am glad though that since it has been determined that he broke no law, than charges are being dropped and he will be okay.

 

[RoadkingLarry]

Had the reporter gone on to school grounds he would have violated the law in most states.

Ya know what? I'll bet he knew that and knew that he was not on school property.

if the reporter "lost it" and shot up the school or ended up in a gun fight with those who had threatened him what would we be saying

Good thing that in my America you can't be arrested for what you "might" do. (most of the time)
You call yourself an educator, as a parent I would rather have you arrested just in case you might loose it and sexually assualt a child... how much sense does that make?

 

[TexasRifleman]

Though IIRC, the reporter has already been tried and convicted in the THR court

Yes, I'm anxiously awaiting all those experts that piled on to talk about how illegal all that was. I especially want to hear from the "sidewalk ownership" crowd that were so convinced they had a clue.

"Since the defendant was not trespassing, anything that was found on the defendant after he was arrested will be suppressed as a matter of law," Gerson wrote.

You mean sidewalks are not school property? Who would have thought...

 

[TommyJ]

................................

 

[ilbob]

One hopes that the wronged individuals can get some kind of justice, but I am not real hopeful.

A couple of observations.

This would almost certainly have gone the other way if there had not been video evidence showing what actually happened. Another innocent LAC would have had bogus convictions on his record.

You have to wonder why the video tape didn't just disappear as almost always happens in such cases? Maybe it had already been transmitted back to the station?

 

[RoadkingLarry]

Tommy, thats my point. as a society we HAVE to err on the side of liberty or we are doomed as a free society.

 

[BlindJustice]

I know there's an RCW in Wash. STate that makes it
against the law to have a gun in a K-12 school.

Interestingly I talked to the auditor at Wash. State
University in charge of forms including rules. The
rule at WSU is that students are not allowed to have
firearms on campus or the dorms. The implication here is
it doesn't state the policy about Faculty and staff as
well as people not associated with the University.

 

[TommyJ]

Roadking I understand your point. I don't think you understood what I meant. Being an educator, more specifically a Principal I am faced with decisions that aren't always popular. But what I had said was that if he had gone onto school property.... and that in some states he would be violating laws......I have no problem with a person legally carrying and I do have a problem with false arrest...and that when it comes to schools civil law isn't always the same everywhere. I am a handgun owner and have a concealed carry permit and would LOVE to be able to carry on the job but it is not legal. When I'm charged with the safety of hundreds of students I would rather not have someone unknown to me carrying on school grounds. Again, he wasn't on the grounds and wasn't trespassing and was legally carrying. After 25 years in my job I have dealt with gun issues. Luckily near misses only. ramble ramble ramble....my 2 cents

 

[Eyesac]

typical.

 

[TommyJ]

Blind Justice for a secondary school the only authorized carry is by law enforcement or school board designated security officer (On school grounds, outside of your vehicle). I have one son at WSU following those rules and one at the University of Montana where he could store firearms in the dorm in a specifice room under lock and key. He just had to show ID when he wanted to go hunting.

Eyesac the great thing about this country is that you have a right to your opinion as well as I do. Your comment speaks volumes also.

 

[ArfinGreebly]

Right To Your Opinion

True enough.

Where it derails is when one's "right to his opinion" becomes his duty to enforce it on others.

Bill o' Rights is supposed to bulwark this.

As we adopt progressively more squishy thinking and feeling-instead-of-thinking, more and more people are unalarmed at the idea that everyone must be defenseless.

When I establish my own school, I will require parents to be armed, and students over 16 to pass firearms safety and proficiency courses. All staff will be armed and proficient. Any adult found on school property without proper arms (or appropriate waiver) will be escorted from the premises.

Rifle Team will be a varsity sport. Advanced Pistol will be available to students over 16 as an elective. Students will be required to maintain a clean and functioning rifle at all times, subject to inspection.

A special Ballistics extension to the physics and chemistry courses will be available.

Participation in JROTC will be culturally encouraged.

The first week of hunting season will be an official holiday.

I'm going to make sure MY school is CIVILIZED, dammit!​

So there.

 

[SalTx]

A principal is charged with the safety of students? So are they legally bound? Sued..criminal charges..etc? Nothing but chest thumping. Bad as politicians, which is what they are.

 

[TommyJ]

So nice to have a warm friendly discussion. I never said I agreed with all the laws involving schools and yes I'm liable for a lot of things and safety of students is one of them. No chest thumping here whatsoever. Some of you guys must of have had some horrible school experiences to make blanket statements like you are doing. I don't believe I've made any insults to anyone yet, nor will I.

 

[TexasRifleman]

I don't believe I've made any insults to anyone yet, nor will I.

Well you did in a way. You said,

When I'm charged with the safety of hundreds of students I would rather not have someone unknown to me carrying on school grounds.

Knowing what you know (or should know from being here on THR) about legal concealed carriers being the least dangerous people you could possibly bring into your school you still sound like the anti's that as soon as one of us walks through the front door we will have the uncontrollable urge to start taking down students.

That is simply not the case and has been proven over and over in state after state.

 

[TommyJ]

If I knew someone was legally carrying that wouldn't be a problem. I just said "carrying." I guess I speak out of frustration, that I would welcome the opportunity to carry in my job. I'm not anti at all. I just posed a what if and got jumped on pretty soundly. I take my job seriously and protecting students is part of it.