Miami TV Reporter Arrested for Entering School Property With Gun

[knight0334]

Originally Posted by Zef_66

Was he asked to leave the property because he had a firearm?

Or was he asked to leave for some other reason and they found the firearm later?

Again, too many questions on a vague story.

It wouldn't matter, so long as they asked him to leave and he failed to - it was trespassing. When they made discovery of a firearm, it could be upgraded.

Remember, whenever anyone asks you to leave their properties for any reason - you must comply. The reasons can be fore anything: just being there, for having a gun, for NOT having a gun, for wearing a black tie, etc.. It doesn't matter why they asked you to leave.

[Pa. Patriot]

Originally Posted by knight0334

The officer was acting in behalf of the school, the reporter's failure to comply made it criminal trespassing.....

Where are you getting this info from? Certainly not from the article.
I would think this is probably the case but the article is so vague I would not make any conclusions based on it.

[knight0334]

Originally Posted by Pa. Patriot

Where are you getting this info from? Certainly not from the article.
I would think this is probably the case but the article is so vague I would not make any conclusions based on it.

I got it from Hillsborough Community College in Tampa FL when I attended training to get my certificate for armed mall-ninja.

LEO's serve as primary security for schools. Sheriff Deputies are stationed at jr and sr high schools in most school districts in FL.

[Frenchy]

Unfortunately, Florida does not have a Lawful Purpose clause, their Law strictly forbids firearms in a school unless it is for training purpose.

Possession Restrictions

The following is a list of places where you are restricted from carrying a weapon or firearm even if you have a license. Please note that this is a simplified list. The places marked by an asterisk (*) may have exceptions or additional restrictions. See Section 790.06 (12), Florida Statutes for a complete listing.

• • any place of nuisance as defined in s. 823.05
  • any police, sheriff, or highway patrol station
  • any detention facility, prison, or jail; any courthouse
  • any courtroom*
  • any polling place
  • any meeting of the governing body of a county, public school district, municipality, or special district
  • any meeting of the Legislature or a committee thereof
  • any school, college, or professional athletic event not related to firearms
  • any school administration building
  • any portion of an establishment licensed to dispense alcoholic beverages for consumption*
  • any elementary or secondary school facility
  • any area technical center
  • any college or university facility*
  • inside the passenger terminal and sterile area of any airport*
  • any place where the carrying of firearms is prohibited by federal law

http://licgweb.doacs.state.fl.us/wea...ossession.html

[knight0334]

FL laws about this given situation, the bold ones directly relate to this situation. Also, all English Common Law applies in FL. Any Common Law ruling back to the age of the Romans has legal bearing in FL because Common Law is coded to be law - so long as it doesn't violate State or Fed Constitution.


Title I
CONSTRUCTION OF STATUTES

Chapter 2
COMMON LAW IN FORCE; REPEALED STATUTES
2.01 Common law and certain statutes declared in force.--The common and statute laws of England which are of a general and not a local nature, with the exception hereinafter mentioned, down to the 4th day of July, 1776, are declared to be of force in this state; provided, the said statutes and common law be not inconsistent with the Constitution and laws of the United States and the acts of the Legislature of this state.


Definitions: http://www.flsenate.gov/Statutes/ind...20011#0810.011

Trespass structure: http://www.flsenate.gov/Statutes/ind...n%2008#0810.08

Trespass other than structure: http://www.flsenate.gov/Statutes/ind...n%2009#0810.09

Trespass schools w/firearms: http://www.flsenate.gov/Statutes/ind...20095#0810.095

Trespass schools: http://www.flsenate.gov/Statutes/ind...20097#0810.097

[Statkowski]

As previously stated, property extends to the center of the roadway with the government having an easement for roadway and sidewalk. The bulge from the news reporter's sidearm could have been spotted. News reporter was wrong.

Luckily, here in Pennsylvania we do indeed have an "other lawful purposes" exception to the law - which has never been tested in the courts, either by the prosecution or the defense. Any LTCF holder found possessing on school property has been charged with trespass, after having been asked to leave, but not violation of 18 Pa. C.S. 912(b) (Possession of Weapon on School Property).

Personally, I don't think any DA wants to touch the subject for fear of getting bitten hard by the "other lawful purposes" clause since an LTCF is indeed issued for such purposes.

[Pa. Patriot]

Originally Posted by knight0334

I got it from Hillsborough Community College in Tampa FL when I attended training to get my certificate for armed mall-ninja.

LEO's serve as primary security for schools. Sheriff Deputies are stationed at jr and sr high schools in most school districts in FL.

Thats funny, but that is not what I meant.

The article gives no reason the officer told him to leave.
He could have been a guest and the officer was wrong. Trespass would not stick.
That was my point. Where is the info that this guy was trespassing?

[knight0334]

ahhh I see what you meant now.. lol ma bad...

In good faith, its probably safe to assume that the reporter at some time stepped on the grounds. I doubt an officer would risk false arrest charges if there wasn't something there substantial to back it up.

They carefully teach trespass laws to LEO's and security in FL. That study had more hours than the use of force.

[Pa. Patriot]

Originally Posted by knight0334

ahhh I see what you meant now.. lol ma bad...

In good faith, its probably safe to assume that the reporter at some time stepped on the grounds. I doubt an officer would risk false arrest charges if there wasn't something there substantial to back it up.

Yup, now we're on the same page... That's why I said I would think this is probably the case but the article is so vague I would not make any conclusions based on it."

Like with OC and some other issues I've seen officers arrest for all kinds of stuff they had nothing on. It worries me when the article is so vague, they could not know or they could be purposely not printing the info

[KeithPA]

http://www.youtube.com/watch?v=VPPAwo3_7d0
news clip

I still don't get where a sidewalk is school property. Unless your talking about the defunk gun free school zone act.