The original story in the Buffalo News said:
Quote:
It was not until police were patting down students so they could evacuate the school that they found the gun on Ferguson, Brinkworth said.
Ferguson was wearing it in a holster, and at no time during the lockdown did he notify police that he was carrying a weapon.
|
It sounds like the police patted Ferguson down and found the gun but maybe he just admitted to it when they were patting the students down. If the police patted him down, then it is likely an unlawful search and seizure. Police have to have articulable and reasonable suspicion that an individual is engaged in wrong doing or carrying contraband and may be armed before conducting a pat down. Students have less protection.
So, if police did pat this guy down, the search should probably be suppressed. Sounds like a possible way out. Or maybe cut a deal and plead to a misdemeanor and community service with the questionable search giving the prosecutor political cover.