High Schooler Recieves Felony For Having Fishing Knife In Tackle Box In Car On Campus

[KissMy]

Friend of mine got pulled over for speeding and ended up charged with having burglary tools.

He had a tire iron and a took kit in his car with wrenches and screw drivers.

The lesson is never consent to search your car and the police are NEVER your friend.

There has to be more to that story.

Yup - They must have found stolen property or linked him to a robbery.

 

[C_Clayton_Jones]

Is the law that knives will not be on campus?

Was the law reviewed in the student handbook?

If the answer to questions #1 and #2 are "True," then Do not pass Go on your way to Jail.

do the breaking of school rules now lead to criminal convictions?

well, then it surpasses Nazi Germany and Soviet Union combined in totalitarian degree of strangling the personal freedom.

Save the hysteria, hyperbole, and demagoguery and educate yourself for a change.

The issue isn’t about ‘school rules,’ but criminal possession of a concealed weapon. Persons don’t get arrested for breaking school rules alone.

 

[Esmeralda]

Cobb County, Georgia has a zero-tolerance weapons law that applies to all public schools in Georgia. The law applies to all knives with a blade measuring two inches or longer, and all firearms.

It's in the link.

That's the bottom line for anyone who didn't bother to read the link. It is the law in Cobb County, George No weapons on public school property.

And they are going to be re-examining the law to make the language more precise.

 

[J.E.D]

First off, the police shouldn't be doing random searches. That is not probable cause.

You're confusing two things - the scent of gun powder is REASONABLE SUSPICION to search. After searching the car and finding the concealed weapon, the police had PROBABLE CAUSE to arrest him

Second off, why would the scent of gunpowder be a reason to search a car? Is it illegal to have the scent of gunpowder in your car? No.

It is illegal to have a concealed weapon on school property. A scent of gun powder gave the police reason to believe that he had a gun in his car, which allowed them to search his car and find the concealed knife.

Third off, the idea that there is 'considerably lower expectation of privacy with regard to one's car' is some bull shit that some fascist judge made up to justify this police state stuff.

If I remember correctly from Criminal Justice class, the police can only search the cab of the vehicle or any area within reach of the driver; however, they cannot search the glove box without permission IF the glove box is locked; and they cannot search the trunk without permission.

As to why police are allowed to search vehicles in general:

Beginning with its decision in Carrollv. United States, 267 U.S. 132, 45 S. Ct. 280, 69 L. Ed. 543 (1925), the Court has granted law enforcement personnel substantial latitude when searching automobiles and their contents. Carroll and its progeny established that automobiles constitute a distinct class of personal property that deserves less privacy protection than other types of property. The Court has consistently held that because a car and its contents are easily and quickly moved, police officers need not obtain a warrant to search them if they reasonably believe that doing so would result in lost evidence.

Fourth off, ignorance of the law is not an excuse, but it should be a mitigating factor. Do you even think you know 1/20th of the laws in your state? I seriously doubt it. I bet hundreds or even thousands of people in Georgia carry butterfly knives without knowing it's a felony.

You're right, ignorance is no excuse. Unless the kid is mentally retarded or has some learning disability that would render him unable to understand the law, then there is no mitigating circumstance here.

Fifth off, what is the justification for making owning any knife (without a permit) a felony? That's total police state bull shit. Assaulting people and harming them is the spirit of the law definition of felonious behavior; not this bull shit I want to fuck you over cos I can or I want to control your life crap.

Owning the knife isn't the felony; bringing it onto school grounds is.

Sixth off, who gives a shit if he has a so-called concealed weapon? Do you give a shit that the police have concealed weapons? Then why the fuck are you so worried about private citizens carrying them? Why? Because you full-on support the police state. Pull your head out of your ass, dip shit.

Concealed weapons on school grounds are a concern for plenty of people - namely, parents, teachers. For obvious reasons. I don't think I need to tell you about all of the recent incidents of violence at schools in this country....do I?

 

[Steven_R]

Friend of mine got pulled over for speeding and ended up charged with having burglary tools.

He had a tire iron and a took kit in his car with wrenches and screw drivers.

The lesson is never consent to search your car and the police are NEVER your friend.

There has to be more to that story.

Yup - They must have found stolen property or linked him to a robbery.

Nope. Nothing. Just an asshole cop with nothing better to do that fuck up a someone's life because he could. It isn't like there are any repercussions when the cop does something like this, so why not.

 

[Vox]

Is the law that knives will not be on campus?

Was the law reviewed in the student handbook?

If the answer to questions #1 and #2 are "True," then Do not pass Go on your way to Jail.

do the breaking of school rules now lead to criminal convictions?

well, then it surpasses Nazi Germany and Soviet Union combined in totalitarian degree of strangling the personal freedom.

Save the hysteria, hyperbole, and demagoguery and educate yourself for a change.

The issue isn’t about ‘school rules,’ but criminal possession of a concealed weapon. Persons don’t get arrested for breaking school rules alone.

oh, I am soooo scared - "criminal" possession of concealed "weapon" which is a fishing knife in a car and all "criminality" is that the car was in the school parking lot.

leftards are not very bright, that's a given

 

[J.E.D]

leftards are not very bright, that's a given

ironic post is ironic

 

[thereisnospoon]

No politician is going to champion changing the laws either because there is always an election around the corner and who wants to be seen as soft on crime.

It's a hell of a system we've got here.

And THAT is the problem that plagues government.
Instead of good stewards of government and the people's money, we have selfish politicians who in my view are over paid and over indulged.
Political office....is SERVICE. Not a career.
It is impossible to govern when the issue of future earnings i.e, keeping one's political seat is of the highest priority.
Politicians have to be voted out and replaced with Statesmen.
Statesmen are people willing to make tough choices for the good of government and more importantly the good of the people even at risk of their seat in government.

 

[Sunshine]

The Universe is blessing me with knives these days. I found one lying on the pavement outside the courthouse in town, and I found a real nice one in Disney is the seat I was about to take. I picked them both up. When I flew home, the one I found in Disney was in my suitcase and made it home with me. I must remember to take the one in my car out. God only knows how much trouble I could get in for having it in there.

 

[Dont Taz Me Bro]

There has to be more to that story.

Yup - They must have found stolen property or linked him to a robbery.

Nope. Nothing. Just an asshole cop with nothing better to do that fuck up a someone's life because he could. It isn't like there are any repercussions when the cop does something like this, so why not.

That may be what really happened, but I honestly don't think your buddy gave you the whole story. I have a lead foot so I've probably received a dozen speeding tickets since I first started driving and I've never had my car searched. Also, the arrest for "burglary tools" over a simple tool kit in the car just doesn't add up to the cop simply being an asshole.

I'm incredibly critical of the police and the tactics they use, but even I'm having a tough time swallowing this one.

 

[Jarlaxle]

Now that I think about it...I always had a toolbox in my car in high school. And one of the thinks in the toolbox was usually a utility knife!

 

[Dont Taz Me Bro]

Ignorance of the law is never an excuse

Why not? Between federal, state, and local governments we have thousands upon thousands of laws on the books. Every single one of us breaks at least one of them just about every single day without even realizing it.

 

[Sunshine]

The people running the schools are idiots. And they will ruin your child's life at the drop of a hat. They are vile.

 

[SteadyMercury]

It's high time the police and state attorneys are either reined in at the legislative levels or juries just start nullifying this nonsense.

Rein them in for doing their jobs?

If you have a problem with the laws related to knives on school property take it up with the Georgia legislature, the police and state attorneys don't invent laws they just pledge to uphold them.

Juries are same, they aren't asked to decide whether they like a certain law at trial. They are simply asked whether the state proves beyond a reasonable doubt whether a law was broken.

 

[legaleagle_45]

Ignorance of the law is never an excuse,

Almost never say never. See, Lambert v. California 355 U.S. 225 (1957) .

 

[Unkotare]

What a insane action to give this young white kid a felony for having a fishing knife in a tackle box. .

The decision is another example of the idiocy that results when bureaucratic cowards are afraid to use common sense.




But what the hell does mentioning that the kid was 'white' have to do with anything?

 

[Zona]

What a insane action to give this young white kid a felony for having a fishing knife in a tackle box. I used to carry a knife in my tackle box on school campus back when I was in high school if I was going fishing immediately after school. I even carried my shotgun on the gun rack in the vehicle and nothing was ever said. The cops are going overboard with this and need to tone it down. How disgusting! This kid needs a good lawyer.

Georgia cops hand out felonies to high schoolers for having a pocket knives locked in cars | Police State USA


MARIETTA, GA — A high school senior is facing felony charges after police searched his car in the parking lot of his school and found a tackle box with some fishing knives in it. The young man could now be sent to prison for 10 years if convicted.

Cody Chitwood, age 17, was pulled out of class at Lassiter High School on September 17th, and told, “You’re going to be in a lot of trouble,” by police and school administrators.

Outside the building, the Cobb County Sheriff’s Department had been combing the parking lot with dogs looking for reasons to arrest students. Performing random sniff-searches of the vehicles in the lot, one police K9 made a signal on Chitwood’s car.

The dog had smelled a firecracker that had been left over from “Independence” Day, two months earlier. Regardless that it is not criminal to have a firecracker laying under your seat, this sniff gave police the excuse they needed to perform an exhaustive search of his personal vehicle.

As deputies rummaged through his property, they found some fishing gear and a tackle box. In it they found — what else — basic tools for fishing, including a fillet knife and a few other utility knives that serve all sorts of useful purposes to a country boy in Georgia. A total of 4 knives were taken from his car.

So if that kid wasnt white, this would be fine?

Damn, your an asshole. You do realize this dont you?

 

[Sunshine]

What a insane action to give this young white kid a felony for having a fishing knife in a tackle box. I used to carry a knife in my tackle box on school campus back when I was in high school if I was going fishing immediately after school. I even carried my shotgun on the gun rack in the vehicle and nothing was ever said. The cops are going overboard with this and need to tone it down. How disgusting! This kid needs a good lawyer.

Georgia cops hand out felonies to high schoolers for having a pocket knives locked in cars | Police State USA


MARIETTA, GA — A high school senior is facing felony charges after police searched his car in the parking lot of his school and found a tackle box with some fishing knives in it. The young man could now be sent to prison for 10 years if convicted.

Cody Chitwood, age 17, was pulled out of class at Lassiter High School on September 17th, and told, “You’re going to be in a lot of trouble,” by police and school administrators.

Outside the building, the Cobb County Sheriff’s Department had been combing the parking lot with dogs looking for reasons to arrest students. Performing random sniff-searches of the vehicles in the lot, one police K9 made a signal on Chitwood’s car.

The dog had smelled a firecracker that had been left over from “Independence” Day, two months earlier. Regardless that it is not criminal to have a firecracker laying under your seat, this sniff gave police the excuse they needed to perform an exhaustive search of his personal vehicle.

As deputies rummaged through his property, they found some fishing gear and a tackle box. In it they found — what else — basic tools for fishing, including a fillet knife and a few other utility knives that serve all sorts of useful purposes to a country boy in Georgia. A total of 4 knives were taken from his car.

So if that kid wasnt white, this would be fine?

Damn, your an asshole. You do realize this dont you?

Negged!

 

[Zona]

Are they going to charge him for having a lug wrench in there to

No matter where you are, there is a lug nut and you aren't constantly arrested are you?

 

[Sunshine]

Ignorance of the law is never an excuse,

Almost never say never. See, Lambert v. California 355 U.S. 225 (1957) .

The Supreme Court reversed Lambert's conviction, holding that knowledge or probability of knowledge of a statute is required to convict someone of a notice offense. Justice William Douglas, who delivered the majority opinion for the court, wrote:

“ Where a person did not know of the duty to register and where there was no proof of the probability of such knowledge, he may not be convicted consistently with due process.[1]

From wiki on the case.