This Strip `search' a victim of new law

Pittsburgh TRIBUNE-REVIEW ^ | Tuesday, November 27, 2001 | Dimitri Vassilaros

[Fixit]

A first-round draft pick for the Cleveland Browns is the latest victim of victimless crime laws.

Gerard Warren of Middleburg Heights, Ohio, parked his Chevrolet Suburban in the Strip District. The police said that when they searched it on Nov. 20, they found a .45-caliber Glock - locked in the center console.

[Fixit]

Kudos, Dimitri!

[Fixit]

bump for list.

Might this be the attractive case that 2A supporters have been seeking?

[lelio]

Well not really, you can easily pick up a concealed carry permit. According to Packing.Org it isn't too hard to get one in Pennsylvania.
However I'm not sure if you have to have a license to carry one in your car; for example you don't need one if you're going hunting. Course it is hard to go hunting with a Glock.
But I agree: he gets in trouble while there is all sorts of real crime going on. He didn't hurt anyone.

[JD86]

Gerard Warren of Middleburg Heights, Ohio, parked his Chevrolet Suburban in the Strip District. The police said that when they searched it on Nov. 20, they found a .45-caliber Glock - locked in the center console.

Why should Warren be arrested just because he was carrying a gun without getting the government's permission?

What's missing in this article? They searched the locked center console but he is totally innocent, not doing anything? Something fishy...

[B4Ranch]

Every word in this article makes sense, especially;

Why should Warren be arrested just because he was carrying a gun without getting the government's permission?

Why should you beg some politician or bureaucrat for written permission to keep or bear arms?

Did Warren have to ask the government for written permission to exercise his First Amendment rights to have his freedom of speech or the right to assemble peacefully (or as peacefully as you can in the Strip at 2:30 a.m.)?

Did he have to ask the government for written permission to be protected from unreasonable searches and seizures or from warrants without probable cause?

Did he have to ask the government for written permission to avoid being forced to testify against himself or to be deprived of life, liberty or property with due process?

Did he have to ask the government for written permission to a speedy trial, to be informed of the charges against him, to confront any witnesses, to have legal counsel, to have a jury of his peers, to have reasonable bail or not to be subjected to excessive fines or cruel and unusual punishment?

Our Founding Fathers created the Bill of Rights to be a shield - not a sword. They wanted you to be protected from lawless government - not from law-abiding citizens (even if they are Cleveland Browns).

[Norb2569]

This could be that second ammendment boost or bust, depending on who gets the press, and in what light.

[2nd_Ammendment_Defender]

Sadly, courts have ruled police can search your car without a search warrant. Funny how when you violate one of the Bill of Rights you end up violating them all. Just shows that the Founding Fathers were light years ahead of any of our modern judges and lawyers.

I knew this one woman who was raped in the 1990's and the guy got off with only a $250 fine. Shows where our judicial system is going. Give a felony charge to a man for only carrying a firearm but let violent criminals through the revolving door of justice. I believe that free citizens don't ask permission to bear arms.

[Apogee]

SOP for many officers is to search the car, period. I even have friends who consider themselves constitutionaly astute who none the less say, if I stop someone, I am going to search their car.
I thought Ohio allowed one to carry if they had a compelling reason to do so - ie have lots of cash on them or a legitimate fear of danger, but otherwise did not issue ccw permits. I'll have to look into this. As a sports star, I would've thought he could argue that. Looks like the weapon has to be registered, though. Hmmm.

[JD86]

Another reason to stay out of Ohio. Our officers can't search locked areas without probable cause...ie something else going down. They can do a plain view search, ie look in the window with a flashlight but that wasn't the case here. I'll do my caveat of ...haven't done criminal work for a couple of years...but I have ridden patrol with officers and that is why I said I thought something is being left out of the article. Maybe it is that way in Ohio.

[JD86]

If someone who knows Kentucky law thinks it has changed or I am mistaken, please let me know. But I have never seen an officer here search a car unless the suspect was already under arrest for something else.

[Fixit]

I found the fact pattern from this article on news.yahoo.com.

Police were questioning a passenger in Warren's Chevy Suburban outside a Pittsburgh nightclub at 2:35 a.m. when they spotted an empty gun holster on the floor.

According to the police report, a passenger told officers there was a .45 Glock handgun locked in a console in the vehicle. After towing and searching the vehicle, police found the gun.

Warren said his brother, Corey, a Florida policeman, had bought him the gun. Police said Warren was able to produce documents showing that he owned the gun but he had not yet obtained a license to carry it.

The Browns, who earlier in the day released a statement on the arrests of Sellers and Chapman, would not make specific comments on Warren's arrest.

``We are aware that some charge is pending against Gerard,'' team spokesman Todd Stewart said. ``But we will have no further comment until tomorrow.''

[JD86]

After towing and searching the vehicle, police found the gun.

Thank you for the additional information. I knew there was something ommitted. And before anyone else jumps the gun on the "towing and searching the vehicle", cars are impounded after someone is placed under arrest. So there is still more to the story.

[lelio]

Another reason to stay out of Ohio.
Question to all: do you know someone pulled over for speeding in Ohio? 6 of my friends who have driven through there have. Seems like it is SOP.

[JD86]

I know the stretch of I-75 from the Ohio River to the northern side of Cincinnati is well patrolled...don't know about the rest of the state.

[michaelje]

Come on folks, whats a little bureaucracy going to do to your rights ?

If theres one thing Ive learned from FreeRepublic its that the police always make the right choices. Cops dont make illegal searches.

[the]

Follow up article is posted here:

Opinion on gun law clarified