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Old February 22, 2014, 12:56 AM   #101
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and what if he "consented" to the pat down?

The Police have a report of a man with a gun, right? I think that could be argued that is the articulable and reasonable suspicion. The are patting down the students before letting them exit the building.

He gets in line, not concerned, because a) he "forgot" he was wearing a gun, or b) thinks because he has a permit, his butt is covered.

Steps up when its his turn, and "oh..what's THIS????!!!!!"

not sure you could make the argument to get the search thrown out IF that's about the way it happened...
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Old February 23, 2014, 02:34 AM   #102
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If it is consensual, no problem. However, an anonymous tip saying "man with a gun" is not enough. There's actually a U.S. Supreme Court case that says so and with facts more favorable than those here. I can't think of the name of it off the top of my head. Students are in a different category and have diminished rights while at school, though I do not pretend to know much about the parameters of their rights.

My scenario is admittedly speculative. I'm just throwing it out there as a possible way out for everyone involved if they want to open that door.

Added: The case is Florida v. J.L., 529 U.S. 266 (2000). There's a description of it at http://www.fdap.org/downloads/articl...ymous_tips.pdf. Just read the first numbered section. BTW, the Supreme Court has just agreed to review an anonymous tip case.
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Old February 23, 2014, 03:25 PM   #103
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I can see the clear difference between students at school, and an adult on school grounds. Being minors, and at school means their legal rights are different. agree.

I was giving a possible situation, again, just for consideration. The actual details will determine what applies and doesn't for this case.

Just some things to think about, if you might ever be in a remotely similar situation.
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Old March 9, 2014, 07:48 PM   #104
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UPDATE

Here's an update on the case. Now adjourned until March 27th.

http://wivb.com/2014/03/06/activist-...are-at-school/

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Old March 27, 2014, 12:34 PM   #105
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Re: Update

Transferred to Erie County...........

http://wivb.com/2014/03/27/activist-...ears-in-court/
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Old March 27, 2014, 04:09 PM   #106
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^^^ Another brilliant example of the demise of journalism in the U.S.

Quote:
Ferguson originally faced a number of charges including one count of criminal possession of a weapon on school grounds and criminal possession of a weapon in the second degree. Now he’s only facing one count.

Erie County Assistant District Attorney Michael Flaherty said, “He was originally charged with possession of weapon in the second degree. That charge has not been held for the grand jury because Mr. Ferguson has a permit. He had a lawful permit for the weapon.”

News 4 asked Ferguson if he wanted to comment. He declined.

Flaherty says this case could be resolved before it’s presented to the grand jury. But Flaherty says it’s too early to know if any charges will be dismissed.
If "any charges" will be dismissed?

If he's only facing one charge, if ANY charges are dismissed he walks. Even a first year journalism student should be able to figure out that one minus one equals zero.
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Old March 27, 2014, 04:47 PM   #107
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^^^ yupper^^^

Looks like he is on the fast track to being a free man!
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Old March 27, 2014, 05:52 PM   #108
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Anybody know why it was transferred?
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Old March 28, 2014, 09:57 AM   #109
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I'll up my bet on him skating to $2.00 U.S. just like I said earlier.
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Old March 28, 2014, 06:01 PM   #110
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Quote:
Anybody know why it was transferred?
Just a guess, not really knowing anything about N.Y. courts — this was transfer from a court of limited jurisdiction (arraignments, etc.) to one with jurisdiction over felonies. The article linked to states:
Quote:
Dwayne Ferguson waived his right to a felony hearing in Buffalo City Court Thursday morning. Now, his case is being transferred to Erie County Court.
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