Female CCW gets arrested after calling 911 for help

[tacman605]

Well guys please show me where it says anywhere that the officer asked for consent to search? Please show me where the woman gave consent to search? Please show me where the officer committed any constitutional violation?

Quit adding your own take to the article. The article says virtually nothing it is all assumption in many of the responses but just for the sake of argument lets take one fact that was printed and expand on that.

She told the dispatcher she was armed. As I stated before is it not possible the responding officers simply secured the weapon and did not search at all? Again as I stated earlier is it also not possible that the gun was laying on the seat or visible in her purse? Was she intoxicated, high, mentally unstable? The article does not say but hey lets put it in there as fact. NO ONE KNOWS SO QUIT GUESSING AND ADDING STATEMENTS TO MAKE IT LOOK LIKE LE DID SOMETHING WRONG.

Remember there is something in the 4th Amendment called the "Vehicle Exception". You do not have the same expectation of privacy in your vehicle as you do in your home because a vehicle is mobile and anything in the vehicle falls under the plain view doctrine. Whatever an officer sees, smells, touched, hears and so on can be enough for a search. Should you give consent you have the right to stop the search at anytime however if the officer has probable cause to arrest you the search is now "Incidental to Arrest" and he does not need consent for anything.

I am not saying this woman should or should not have been arrested but unless you were there close enough to hear and see everything you better have a crystal ball because that is the only way you gain any insight from the article.

[DefensiveCarry.com]

[detective]

Friend of mine has a kid that goes to school here and posted about the school calling all the parents about somebody with a gun on campus.
Police: Woman had gun on school campus | CharlotteObserver.com

This story is just crazy and shows just how stupid the gun free zone laws are. Lady is being chased, calls 911, and gets arrested because she happened to stop in a gun free zone (school). I guess she should have just let the bad guy catch her and dealt with it herself.

Lesson 1, 5th amendment on answering the question about carrying
Lesson 2, 4th amendment and do not consent to search

On the DA level, this will likely get dropped, or be reduced to something less than criminal. Likely the first. The DA chooses who to charge.

[noway2]

@tacman605, in regards to "quit adding stuff", my objection here is more fundamental: in this state, having a gun even disassembled and unloaded, locked in a safe/lockbox, in your car, is an automatic felony. This is my primary problem with the whole affair. This is compunded by the perception that it is proving nie on impossible to get BS like this changed through the system in this state. There is a reason it has earned the nickname California of the South.

[DaveH]

Some states it is ok in the car if you have a permit and YOU and YOUR GUN remain in the car (i.e. drop off line at school). The minute YOU step out of your car (even if you leave your gun inside) it is a violation. Not sure about that state, but that's the way it was in the previous state I lived (VA).

Sort of!

It's one of those laws that needs to be made clear or be completely rewrite, IMHO.

It is an issue that we need to address. The concern comes from the wording of he CHP holder exception in § 18.2-308.1

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(emphasis added) ... the provisions of this section shall not apply to ... (vii) a person who has a valid concealed handgun permit and possesses a concealed handgun WHILE IN A MOTOR VEHICLE in a parking lot, traffic circle, or other means of vehicular ingress or egress to the school.

That phrase "WHILE IN A MOTOR VEHICLE" could either apply to the 'handgun' or the 'person' and, as written. It could be interpreted either way -- albeit I know of no cases where anyone has been tried or even charged.

OTHO, in Virginia it could well be argued that one would likely be legal, assuming, arguendo, that, one drives onto school property carrying concealed; unloads the firearm, places it in a closed container, glove compartment, etc; while still on the school property; and then get out of the vehicle -- all the while keeping it concealed from observation. Duh. Give me a break. See: § 18.2-308.1.

The provisions of this section shall not apply to... (vi) a person who possesses an unloaded firearm that is in a closed container,..., in or upon a motor vehicle, or an unloaded shotgun or rifle in a firearms rack in or upon a motor vehicle;

Obviously, Virginia law has nothing to do with this case. I am just clarifying BugDude's comment, for those who might be interested.

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... my objection here is more fundamental: in this state, having a gun even disassembled and unloaded, locked in a safe/lockbox, in your car, is an automatic felony. This is my primary problem with the whole affair. This is compunded by the perception that it is proving nie on impossible to get BS like this changed through the system in this state. There is a reason it has earned the nickname California of the South.

Now, that I can support -- fully. We need to work to overturn nearly all "Unarmed Victim Rich Zones", IMHO.

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However, I agree with tacman605


and bmcgilvray


Folk are assuming too much / adding too much missing information to this reported case and are way too close to LEO bashing.

I suggest we work on getting better law in place in all the States.

[DaGunny]

NC is a "Must Notify" state any time you are around a LEO. It's also against the law to have a firearm on school grounds.

Let's look at this from a different direction: She thought she was being followed. Out of fear, she pulled into a school full of kids for safety. If she was being followed by a BG, she put every one of those children at risk! She is either stone-cold-stupid or lying.

[tacman605]

Noway. I completely understand your frustration with the laws there.

My main point was a lot of the posts are assuming what the woman did was right or what LE did was wrong there is simply not enough info in the articles to show either way. Please if you have any more info or links post them.

[TonyDTrigger]

Sorry, but, you should not drive into a school if you feel threatened or are being followed by what you believe are dangerous people. This is an elementary school..what is there is a shootout?