The prosecutor is going to drop this. If the officers had grounds for a Terry search, they would have done one. Instead they kept asking his consent to a search which indicates to me that they didn't believe they had grounds for a search.
Second, the officers asked him to leave but he didn't. If he was unlawfully there after the officers asked him to leave, they would have charged him with trespass. But they didn't.
So they charged him with resisting an officer or interference with an officer. How is he interfering by asserting his constitutional rights against search and seizure and by refusing to leave a place he had a right to be???
This clearly is a case of contempt of officer which made result in an arrest but is unlikely to go any further.
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- by stroo
- Thu Apr 07, 2011 1:09 pm
- Forum: Concealed Carry on College Campuses
- Topic: Student arrested for refusing to be searched (Empty Holster)
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