Is ‘overheard’ conversation from a minor sufficient to detain and then search?

solus · Feb 22, 2018

Marino Chavez, the school officer, overheard a 17-year-old student say he was going to launch an attack within three weeks, he said in a news conference. Chavez stopped and questioned the student, who claimed it was a joke, he said.

“He didn’t appear scared, but he was like, ‘Well, I didn’t mean it,’ ” Chavez said. “I said, ‘I know you students say a lot of things. But you can’t be saying these words.’ ”

Investigators detained the student and issued a search warrant of his home, Sheriff Jim McDonnell said. Authorities seized two AR-15 rifles and two handguns, along with about 90 rifle magazines each capable of holding 30 rounds, though they could not say how many were loaded at the time. An AR-15 was used by the gunman in Parkland, Fla.

McDonnell said he believed the student had an “extensive” discipline history and was “moving in the direction” of an attack

https://www.washingtonpost.com/news...guards-tip-police-say/?utm_term=.ea88d147ce46

so ‘overhearing’ a minor’s bravado to a buddy leads to detainment, leading to a search warrant, leads to arrest of the 28 yo brother and confiscated firearms!

apparently the witch hunts have begun and it seems those students with disciplinary issues will be culled from the student body!

Grapeshot · Feb 22, 2018

What happens when the number benched is the majority?

color of law · Feb 22, 2018

One recovered rifle was registered to the student’s brother, Daniel Barcenas, 28. The other was unregistered — a felony in California, McDonnell noted. Barcenas was charged with five criminal counts Tuesday, including possession of an assault weapon and bringing high-capacity magazines from Texas, McDonnell said. He claimed responsibility for the firearms.

Based on the facts it will all be suppressed and charges will be dropped and his property will be returned.

hammer6 · Feb 23, 2018

solus said:
Marino Chavez, the school officer, overheard a 17-year-old student say he was going to launch an attack within three weeks, he said in a news conference. Chavez stopped and questioned the student, who claimed it was a joke, he said.

“He didn’t appear scared, but he was like, ‘Well, I didn’t mean it,’ ” Chavez said. “I said, ‘I know you students say a lot of things. But you can’t be saying these words.’ ”

Investigators detained the student and issued a search warrant of his home, Sheriff Jim McDonnell said. Authorities seized two AR-15 rifles and two handguns, along with about 90 rifle magazines each capable of holding 30 rounds, though they could not say how many were loaded at the time. An AR-15 was used by the gunman in Parkland, Fla.

McDonnell said he believed the student had an “extensive” discipline history and was “moving in the direction” of an attack

https://www.washingtonpost.com/news...guards-tip-police-say/?utm_term=.ea88d147ce46

so ‘overhearing’ a minor’s bravado to a buddy leads to detainment, leading to a search warrant, leads to arrest of the 28 yo brother and confiscated firearms!

apparently the witch hunts have begun and it seems those students with disciplinary issues will be culled from the student body!

actually news is coming out that since 2012 the local police have been covering up crimes and such at the school in order to keep government funding. check out Joe Biggs from Rogue Right for more on this https://www.facebook.com/joe.biggs1

Nightmare · Feb 23, 2018

CNN’s recent town hall on guns in America was a tense broadcast event that sparked controversy and ignored industry ethics meant to preserve decorum and fairness on the airwaves. Things change. The two-hour program boldly breached barriers between entertainment, news and reality TV. But it also garnered big ratings for CNN, attracting an audience of 3 million — about three times the number of viewers the network would typically attract during that time period. That means CNN — which has consistently lagged third in the ratings race behind Fox News and MSNBC — will likely produce more of these broadcasts. Ironically, CNN got support from a rival for its display of force.

OC for ME · Mar 6, 2018

Poor parental guidance. Obviously the child was not informed/directed to not talk to cops without a parent/attorney present during questioning.

OC for ME · Mar 6, 2018

hammer6 said:
actually news is coming out that since 2012 the local police have been covering up crimes and such at the school in order to keep government funding. check out Joe Biggs from Rogue Right for more on this https://www.facebook.com/joe.biggs1

Assaults are "classified" as bullying in public schools. I suspect that any violent crime in a school is whitewashed in one form or another. Yet a cop overhears a kid and the full weight of the state descends upon a citizen's home.

Chavez said. “I said, ‘I know you students say a lot of things. But you can’t be saying these words.’ ”

No mention if the firearms confiscated were the child's or the adults in the home. So much for a cop respecting the 2A.

solus · Mar 6, 2018

OC for ME said:
Assaults are "classified" as bullying in public schools. I suspect that any violent crime in a school is whitewashed in one form or another. Yet a cop overhears a kid and the full weight of the state descends upon a citizen's home.

No mention if the firearms confiscated were the child's or the adults in the home. So much for a cop respecting the 2A.

somewhere, i read the firearms confiscated belonged to the 28yo brother and one was ‘registered’ properly the other wasn’t which is why the 28yo brother was also arrested during the execution of the search warrant.

i am unable to facilitate the word ‘registered’ tho ?

JTHunter2 · Mar 7, 2018

OC for ME said:
Poor parental guidance. Obviously the child was not informed/directed to not talk to cops without a parent/attorney present during questioning.

Not just "guidance" OC but also "lack of involvement" by the parents as well.

WalkingWolf · Mar 7, 2018

Keep this words in your head. Whatever you say can, and will be used against you in a court of law. NOW if somebody just made an accusation with nothing other than their word, I would be stomping my feet. But the subject in question was overheard by a law enforcement officer some states what he said is communicating a threat, other states terrorist statements are chargeable.

Don't mean to step on anybody's feet but their are consequences for free speech. Could be a lost job, could be expelled from school, could be detained by law enforcement. The students statement does fall under RAS, apparently a judge thought there was PC for a search warrant.

OC for ME · Mar 12, 2018

Cops/prosecutors lie to judges all the time. From the highest levels of the federal LE agencies to the most remote county deputy. Judges enjoy absolute immunity and cops enjoy QI, there is very little risk, if any at all, with regards to lying to a judge.

The obvious answer to the OP's question is yes. A cop can tell a judge that he heard anything and there is but the snot nosed kids word and then there is the cop's word...who is a judge gunna believe?

echofiveniner · Mar 17, 2018

two AR-15 rifles and two handguns, along with about 90 rifle magazines

Those are rookie numbers, you gotta bump those up...

Seriously though its California, is anyone surprised. They gave up their freedoms generations ago. What else can we expect? Its a sad state of affairs because it is a beautiful state.

Is ‘overheard’ conversation from a minor sufficient to detain and then search?

solus

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