Originally posted by drmeola
1. Did the officers have a warrant?
There was a party going on. If it were loud enough to violate any peace disturbance laws then the officers do not need a warrant. As a crime is
already occurring (disturbing the peace) they are legally permitted to enter the premises. If they see any signs of underage drinking or drug use
occurring then they have the right to detain and search.
2. This took place at a private residence so there for no charges can be filed for concealment.
Correct
3. The kid in questions age? Above 14 which is the average lawful age for fire arms and if the classmates again are in that age range again no
charges as he is NOT selling to a minor.
I can't speak to state law but federal law prohibits the sale of guns to persons 18 and up for long guns, and 21 and up for handguns.
Edit to add: In Indiana it is unlawful to own a handgun under the age of eighteen. If convicted of a felony or adjudicated as a minor on a case that
would have been a felony as an adult the age limit raises to 23.
4. Admitted to take it into class, ok was he read from the card his rights prior given this statement if not again thrown out and can not be
used against him.
I cannot speak to whether his rights were read or not, but in the overwhelming majority of cases this is not something that the officer would forget
to do. Especially once the talk went to having it at school and trying to sell it to minors.
5. He admits the reasons for carrying to the fact that others as well had guns in school, and he was in fear of his life.
knowledge of other criminal action, and fear of a crime that may possibly be committed against yourself does not permit you to commit a crime.
edit on 1-2-2013 by Majiq1 because: (no reason given)
edit on 1-2-2013 by Majiq1 because: (no reason given)