Posted: 9/25/2009 11:07:15 AM EDT
|
So I feel like I have a pretty good grasp on probable cause/RAS stuff when it comes to being out on the street, but I was wondering about a place like Sanford Stadium. Reason I ask is I got "searched" at the last UGA home game- the GBI guy inside the gate noticed my flashlight in my cargo pocket, and stopped me and asked "what you got there in that pocket?" I told him it was a flashlight, and he asked to see it, and I showed him. Then he looked on my other side and wanted to know what was in that pocket, I told him wallet and cell phone, and again he asked to see it, and I complied. Then he kind of pulled at the first pocket that I had taken the light out of and nodded.
That was pretty much it, but then I got to wondering, did I have to show him? Did he have a right to stop me in the first place, or then to extend his search? Can he kick me out of a game at a public university that I paid admission for if I decline? Just wondering what the HTF thinks, since tomorrow is a night game and I will have my light with me again. Go Dawgs! |
|
If you noticed he "asked you" thats not a search under Georgia Law.
I'm not really sure since it is a school and you are attending an event?? I'm sure their is a no weapons policy in place. Thats one reason I don't care to go to the games anymore, and I hate drunk kids running amuck. 
|
|
Quoted:
Maybe he was jealous my flashlight was better than his 
But seriously, anyone have any advice? I'd rather not have to turn out my pockets again tomorrow if I don't have to. Had you not complied you would have been searched in a much more embarrassing manner. Legal or not has no bearing on the situation....its what would have happened. |
|
next time just say that you are happy to see him.
http://www.youtube.com/watch?v=3f3zMU-hro0 |
|
Again, it goes back to the public gathering piece of our CCW and open carry laws. Yes the flashlight is an indicator of a person outside the norm. Who carries one to a football game?
1) EDC item for folks 2) Someone looking to be involved in something illegal 3) Could be a concealed weapon itself (think pen gun) And because our public gathering laws prohibit weapons then you presented a profile that allowed the officer to establish reasonable cause and conduct a search. However, unless he actually prohibits your entry into the facility (i.e. tells you that you will not enter unless you are searched) then you were not detained. You were stopped and an inquiry was made. As said earlier, you weren't "searched" which must involve the State conducting a search of you in a detained status. Now, being UGA is a public place, funded by public monies, the facility and State have a mandate to ensure everyone is safe and obides by the rules of the facility and State. My basic understanding of criminal law through an associates degree. |
