THIS is going to help us - yeah, right...

  • Thread starter Thread starter ezkl2230
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ezkl2230

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The dude walks into a Grand Blanc, MI, movie theater dressed in body armor (according to the article), carrying a handgun, and displays phony CIA creds "to minimize concerns about his gun." He says he has a CPL. The police aren't saying whether they think he was planning an attack on the theater, or if he was paranoid about going to the theater after what happened in Aurora, CO, and just wanted to be ready in case someone chose to launch an attack there. He had another 2+ boxes of ammo in his vehicle, according to the FBI.

In strict terms, unless the theater enforces its own gun free policy, there is no way that he can be charged on a weapons violation. Under MI law, an entertainment facility that seats 2500 or more people is a legally-designated gun free zone for purposes of concealed carry, but the Trillium only has a capacity of 2005. On top of that, he says he has a CPL and was apparently openly carrying - which is perfectly legal in a gun free zone under MI law, so they still can't charge him unless the theater enforces its own gun free policy as a privately owned facility. If that is the case, the most they can charge him with is trespassing. The long and the short of it right now is that the only thing this guy did that was illegal was to display false credentials.
 
He was completely in the clear until he showed false CIA creds.
 
Turns out the guy was dressed in a costume for a showing of RED 2, and the CIA creds were part of the costume that he printed with his computer. His attorney is arguing that authorities would never have found the costume creds except for unlawfully imprisoning his client. His CPL has been suspended pending the investigation.
 
Turns out the guy was dressed in a costume for a showing of RED 2, and the CIA creds were part of the costume that he printed with his computer. His attorney is arguing that authorities would never have found the costume creds except for unlawfully imprisoning his client. His CPL has been suspended pending the investigation.

Oh, of course, a costume, sure that makes perfect sense now! Now... he might have a slight defense if he can convince a judge/jury that the detention itself was without merit, therefore any subsequent "searches" get tossed out as well, and the evidence of the false credentials would get tossed out. However, case law states that several normally legal actions, while by themselves may not provide reasonable suspicion for a detention, that the totality of all the actions combines does. In my personal opinion, even as staunch of a Constitutional supporter as I am, I humbly feel that the combination of the body armor, handgun, in a theater is grounds for a reasonable detention. Then if the subject voluntarily offered the fake credentials, there is no "search" to contest.
 

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