Friday, December 12, 2008

UCSDPD WEAPON SEARCH!!!

So I went to UCSD on 12/5/08 to undergo my orientation and I was detained and searched by the UCSDPD because someone said that I was carrying a handgun on campus! Completely bogus and a really great way to welcome a new student to UCSD. Here we go...

During our orientation, we all went upstairs in the Price Center to see all the clubs and services offered to UCSD students. One of the tables there was the Sexual Assault and Rape Center (SARC). Being the curious person that I am, I engaged a woman by the name of Cynthia in a discussion about the most recent rape and I asked her questions about the new memo going around about banning certain weapons on campus and her feeling on it. After that little icebreaker, we had about a 20 minute conversation on how LEOs have no legal compulsion per the multiple Supreme Court rulings to protect one's life (came as a shocker to her, that poor social worker!), UCSD's R.A.D. (Rape Aggression Defense) program for women, how banning weapons on campus only makes it easier for criminals to perpetrate crimes than it already is, etc. Eventually, I began to explain to her gun laws and I imparted some of my OC stories as well.

Concluding this conversation, Cynthia asked me if I would like to be contacted as a a consultant to the policy makers for the college, to which I responded "Yes!" and gave my Calguns.net handle, my email address and my blog address for her to peruse later

1.5 grueling hours (spent in orientation) later, orientation was finally concluded. Walking down to the Student Center with our orientation group while on my way to my car, I was confronted by Officer Larry Darwent, who pulled me aside and asked to talk with me. When I asked what was wrong, I was told to not make a scene and that I knew what was going on. Still completely clueless, he said that he needed to search me for weapons and told me to put my hands behind my back. Upon complying with that request, I was given a Terry search and cleared. Once released, I was informed that a member of the college informed them that she had reason to believe I was carrying a weapon, particularly a handgun. I suspect that it was the woman that I was talking with (Cynthia) that gave me the Judas kiss, because the piece of paper where I wrote down my contact information was with the printout of my driver's license. After my search was completed, I was told that I could leave but I decided to talk with the officer.

After the Terry search, two more officers showed up and joined in the conversation. Apparently, they had checked my arrest record and pistol registration before they made contact with me. I had a chat with them about open carry and answered one officer's questions about my activities to humor myself, since I am pretty sure he was trying to size me up on what I know of the law (In the end, he got totally schooled.) I asked them about some of the other weapons policies, particularly knives, to which they proceeded to misquote 626.10, saying that it was illegal to have a knife over 2.5", but I have since proven (via e-mail to Larry) that the penal code dictates that one cannot have have a FIXED BLADE over 2.5" and there is no length limit on folding knives on California university campuses.

Here is the police report (just received today)






This is an artist's rendering of the UCSD rapist. Apparently, the call came in as that I looked like the UCSD rapist (AFTER ADVOCATING FOR ARMED WOMEN ON CAMPUS!), hence the "possible 261" code. Next to it is what I look like (a good photo, from what I have been told)


Photobucket

Letter that was sent to Larry Darwent once I got home from UCSD

Lessons learned about this incident...

A) Freaking know your 4th amendment rights! I did not exercise mine and I should have. I was kind of out of my element and didn't know what to do. Next time, I will be prepared.

B) Carry a voice recorder, even when not OCing. That way, I can prove that these guys potentially violated my rights. It isn't that I have anything to hide, it is just the principle of the matter.

Now, before everyone starts (potentially) posting with "Why would you talk about guns at school?" or any other such nonsense, let me tell you now that I made absolutely no threats or anything to Cynthia about me possibly carrying a gun. The only mention I made about carrying a gun is the fact that I did it off-campus and I wrote my stories up in a blog.

As usual, I am open for commentary both here and on calguns.net (THREAD HERE) and I will do my best to answer your questions, respond to comments, etc. While you have not experienced the writing abilities of my brother Sam quite yet, I will let you know beforehand that I am not as eloquent as he is nor is my passive memory as detailed so therefore the best details come out when I am asked questions.

With that, I must depart for work. I look forward to your commentary!

12 comments:

Mike Stollenwerk said...

What on earth crime did they suspect was a foot to conduct the Terry stop? - carry on college campuses is not illegal in California.

Daniel said...

Mike, while I think the rule is completely stupid you cannot have handguns on a california college campus. I pass by the sign at ucsd every day when I drive to school.

Dr. Paleo Ph.D. said...

Hey there!

Do me a favor please, check out my latest blog post and vote for Matt Chancey for Man of the Year. Spread the word; we need him to win!!!

Spencer

everybodyblogs said...

Sorry about that man. I've never had problems with UCPD.

I have stickers on my car that literally translate to "Guns on Board", and I've never been pulled over on campus.

Thanks for clarifying the 2.5 inch rule not applying to folders. I was worried about that one.

Now to clarify something, please correct me if I'm wrong.

Unloaded open carry is not illegal on college campuses by state statute, but it is against school policy.

If you're a student there, then you're subject to those policies, such as suspension, expulsion, etc.


Btw man, I'm almost done with finals, we'll hang out soon!

TrackerPacker said...

I am not sure about UOC but I know that concealed handguns are legal on campus with a valid CCW permit that has no regulation on it about carrying on college campuses. However, unless you have the blessing from the Chief of Police for carrying on campus, you will be academically sanctioned (e.g. kicked out) if "made".

TrackerPacker said...

Reading the rest of your comment more carefully (sorry for being a tool and not reading all the way) you are entirely correct.

elsensei said...

wait a second...are you saying that if i'm not a student at UCSD and I'm, say, attending a play there, that I can UOC and there's nothign they can do about it?

TrackerPacker said...

As long as carry on campus is not prohibited by campus rules then everything is peachy, as there is no state law on the books that bans it.

Pretty lame, I know.

Dr. Paleo Ph.D. said...

Stupid. Stupid, stupid....

Nick Aceves said...

Um...

626.9 (i) prohibits possession of a firearms on university and college campuses (whether public or private). Unless I've been reading it wrong for years, you can't even have your unloaded guns in locked cases while on campus.

TrackerPacker said...

This is true, I did forget that penal code quotation. Sorry for the misinformation, I got a little bit ahead of myself on that one.

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