TexasCHLforum.com

b322da wrote:

steveincowtown wrote:Maybe an LEO can field this, but U of W is a Public University, and the student was arrested in front of one of the buildings. Am I correct or incorrect to assume that the open grounds of a public insitutution are public property? Can an officer really ask someone to leave a public area and then site them with trespass if they don't?

I do not see any report of the student being "sited with trespass," but I may well be behind the power curve.

"University of Wyoming student K. Michael Richards was arrested around 6:20 p.m. Thursday in front of the Arts and Sciences Auditorium by the UW Police Department and was charged with police resisting, also know (sic) as interference, Chief Troy Lane said."

Once again, as pointed out by gigag04, who I understand is a person who could be faced with such a situation in the real world, if the stop is adequately articulated and shown by the LEO to have been to make a lawful Terry frisk, the actual charge, as inartfully stated as it is, would, in my opinion, be appropriate. His guilt or innocence of the charge is up to someone else, perhaps several someone elses.

Elmo

Elmo, I agree. I was taking exception to what gigag said about not leaving the area. The other thing I am not sure of is that if a holster really=gun. If this is true where do we draw the line? For most of us on this board here are a bunch of other things that equal a gun:

- vest in the summer
- fanny pack with a full zipper
- goofy loose fitting pattern shirt
- exposed clips underneath belt (tuckable holster)
- etc...

I could easily aritucalte why any of the above would make me think a weapon may be present.

Maybe an LEO can field this, but U of W is a Public University, and the student was arrested in front of one of the buildings. Am I correct or incorrect to assume that the open grounds of a public insitutution are public property? Can an officer really ask someone to leave a public area and then site them with trespass if they don't?

Hoi Polloi wrote:I went looking for that video from a law school forum where a lawyer and an officer talked about not consenting to searches. I didn't find it, but I did find a lot of other interesting stuff. It led me to one question, which is directly relevant to this thread.

This one?

" onclick="window.open(this.href);return false;

You can not consent and still have a good interaction with a (reasonable) LEO. As I get older I rarely have any interactions with LEOs, but I have always refused to consent from the time I was 18. I always start with " Officer, I am not trying to make your day hard, but I don't consent to any searches of my person, belongings, etc." We thought our neighbor passed away last year, and when the LEO camed to my front door I told him through the door "let me put some pants on and I will meet you outside in 5." I have zippy to hide, but it is my property...and my rules.