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CCCC student arrested for carrying gun

he should have kept his mouth shut. if he wasn't so willing to offer them evidence against him, he might have walked away... Ammo in a car w/ a firearm license isn't a crime in MA, not even on a college campus. had they conducted a terry stop, it would be hard to justify going through a backpack...

Something similar to this is happening to an NES'r who had an LTC-A, and is about to be thrown out of court, thankfully.

Time for these videos to make another appearance.

if you, your family members, friends, co-workers, distant cousins, or ANYONE you know havent seen these videos, force them to watch them immediately. these videos may save you thousands of dollars in attorney's fees some day.

 
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haynesmic said:
he should have kept his mouth shut. if he wasn't so willing to offer them evidence against him, he might have walked away... Ammo in a car w/ a firearm license isn't a crime in MA, not even on a college campus. had they conducted a terry stop, it would be hard to justify going through a backpack...

Something similar to this is happening to an NES'r who had an LTC-A, and is about to be thrown out of court, thankfully.

Time for these videos to make another appearance.

if you, your family members, friends, co-workers, distant cousins, or ANYONE you know havent seen these videos, force them to watch them immediately. these videos may save you thousands of dollars in attorney's fees some day.

Click to expand...


QFMFTruth...
 
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Deer Slayer said:
Yeah I know thats what I was thinking... .45 1911 with four 8 rounders would be my choice
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might be fine for you, but a lot of people are going to have a great deal of difficulty carrying a full size 1911 comfortably and concealed, for some people the comfort and easy concealability of a pocket pistol is enough, and a .380 in your pocket is sure as hell better than a .45 at home in your safe
 
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. The gun was loaded with one clip containing six rounds of ammunition.
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STOP CALLING THEM CLIPS!!!!!!!!!!
 
A non violent man with a gun and no children died, effin miracle I tell ya.
 
had they conducted a terry stop, it would be hard to justify going through a backpack...
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It would have been simple for them to detain the individual and obtain a warrant, though, with enough $$, that could be challenged. Sometimes it happens this way, sometimes they back off and realize there is no PC or consent, and sometimes they mutter "so smartass, you think you're an attorney, I don't need no stinking warrant".

In any case, the key is laying an effective framework for the challenge, since the first hurdle one must overcome is convincing the system that it was not a "consent search". If there is ANY ambiguity, the system will try to moot any search challenge by alleging that the subject freely consented. Small steps, like handing the officer the keys to a car when ordered while saying "I do not consent to a search", rather than simply opening the trunk and later arguing that you felt you were being "ordered" when the police claim you were merely "asked" go a long way towards laying this framework. An other good line to practice is "Am I free to go now?" as it either ends the encounter, or establishes that you are in some level of custody which changes certain rules of engagement.

And no, it is not wrong to refuse a consent search just because you don't have anything to hide.
 
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18 months in jail for harming no one. 18 months in jail for simply carrying a firearm that no one would ever have known he was carrying if they'd just left him alone.

We make our own criminals.
 
Do you think they look in everyones cars or maybe they were tipped off that this guy was up to no good? Dont think the whole story is out on this one yet.......
 
Nitro said:
whats the point of college if you think the planet will stop rotating because myans got bored of doing math in the dirt and stopped at 2012? If i believed that i'd be out partying nightly not taking classes and/or going to work.
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Right I would be partying everyday!

A1850 said:
Those clips of hollow points are insane! I hear they just go off by themselves.
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Baby killers.....

scatter said:
Killjoy. So much for the apocalypse party. [thinking]
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We can still have one! The zombie apocalypse could happen any day right! [laugh]
 
mark056 said:
They did it because they could, and also I would have to question his legal representation.
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+1. this is insane! [sad2]

Sent from my iPhone using Forum Runner
 
BUMP

A ruling on COMMONWEALTH vs. Jason P. WHITEHEAD was handed down yesterday. Warrantless search was legal, given the knife and ammo seen on the dash of his car, the scary bumper stickers, he tacticool clothing and "aggressive posture." Here's one more reason for going gray man...

First, regardless whether the defendant possessed an FID card, there were sufficient articulable facts to create a reasonable suspicion for the patfrisk and search of the backpack. In the wake of school shootings such as occurred at Columbine, Colorado; Santee, California; and Newtown, Connecticut, "we take judicial notice of the actual and potential violence in ... schools," Commonwealth v. Milo M., 433 Mass. 149, 156 (2001), and note the heightened sensitivity of school officials to signs that a student may have brought guns onto school property and might embark on a shooting rampage. See generally G.S. Katzmann (ed.), Securing Our Children's Future: New Approaches to Juvenile Justice and Youth Violence 1-27, 386-414 (2002). The officer observed the presence of three types of ammunition and a hunting knife openly displayed in the defendant's vehicle, the defendant's aggressive posture, his camouflage attire, and the threatening decals on his vehicle. When taken in combination, these facts justify a frisk of both the defendant's person and backpack because a reasonable person in the officer's position would fear for his own safety and that of others on a college campus. Indeed, the presence of ammunition alone gave rise to a reasonable inference that a firearm was also present. ... Based on the presence of the ammunition and the reasonable inference that a gun might be nearby, it was reasonable for Officer Donovan to suspect that his safety and the safety of others at the college were in danger.
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http://www.universalhub.com/2014/commonwealth-vs-jason-p-whitehead
 
so having a 'posture', certain clothing/backpack, and 'threatening' decals is enough for an illegal search? Damn, I hate MA. Anyone want to go to CCCC in camo pants, Molon Labe stickers and tactical backpacks and walk around the parking lot for exercise?
 
Jonny5 said:
so having a 'posture', certain clothing/backpack, and 'threatening' decals is enough for an illegal search? Damn, I hate MA. Anyone want to go to CCCC in camo pants, Molon Labe stickers and tactical backpacks and walk around the parking lot for exercise?
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The visible ammunition and hunting knife didn't help his cause.

There is a reason that I don't have any bumper stickers on my car.
 
Jonny5 said:
so having a 'posture', certain clothing/backpack, and 'threatening' decals is enough for an illegal search? Damn, I hate MA. Anyone want to go to CCCC in camo pants, Molon Labe stickers and tactical backpacks and walk around the parking lot for exercise?
Click to expand...

I believe the ruling said the ammo on the dashboard by itself was reasonable suspicion for search.

Indeed, the presence of ammunition alone gave rise to a reasonable inference that a firearm was also present.
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This guy obviously didn't have the cake for even a semi literate atty.
 
I knew Jason through some friends for a brief period of time a while back. He did stupid stuff in 2007 that got him in trouble, but later he had a kid and it seemed like that had straightened him out. Either way some of the people he hung out with were pretty shady. From knowing him personally, while he didn't make the smartest decisions, I'm absolutely sure there was nothing malicious about him possessing the gun on campus, if anything he just wanted to protect himself and potentially everyone else if the opportunity arose.
 

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