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UNM Student Arrested on Gun Charges

Yesterday a University of New Mexico student was arrested for talking about the recent school shootings saying he could do a better job, based on a single concerned student. Police executed two search warrants (one at his parents house and one at his dorm room) based on the single concerned student "hearing 19-year-old Kevin Boyar taking about recent school shooting and saying how he could do a better job. The student was also concerned after seeing Nazi-type posters and literature in Boyar's dorm room."

You can read all about the story here, here, and here

I am just trying to wrap my head around the violation of his constitutional rights. They got two search warrants based on a single concerned student? I full well understand that a search warrant can be gotten based on hearsay information, but I get a feeling this might be pushing it.

The items in the students’ possession in his dorm room should not have been enough to arrest him and the only "proof" that he might have ever had a gun in his dorm room was based on something his mother said.

Based on all of this information, I think that UNMPD really might have overstepped their self’s here. The things that Kevin Boyar said and the items posted in his dorm room (Nazi-type posters and literature) are protected by the first amendment.

Also, they have charged him with 4 counts of unlawful carrying of a deadly weapon (according to KOB), which I fail to see how they can do that when they did not catch him with any of the weapons on his person. The state law (30-7-2, quoted below) states that he must be carrying them and he can carry them if he is in his "person’s residence" which is where they found the guns.

"30-7-2. UNLAWFUL CARRYING OF A DEADLY WEAPON.--A. Unlawful carrying of a deadly weapon consists of carrying a concealed loaded firearm or any other type of deadly weapon anywhere, except in the following cases:(1) in the person's residence or on real property belonging to [him] the person as owner, lessee, tenant or licensee;"

I hope this young man has him a good attorney as these charges all seem to be bogus unless there is something which they are not releasing (which I know there very well could be).

The problem is that we all live scared out of our brains and anytime anyone says anything related (mind you its protected by the first amendment) we all freak and go ape shit on the person. We used to have rights, but after 9/11 and other things (like the school shootings) these seem to have all gone out the door.

Comments

( 1 Person Thought — Tell Me What You Think )
(Anonymous)
May. 8th, 2008 08:46 pm (UTC)
Ugh!
It's a dman witch hunt...Kevin is a really good person, honestly. The governement is going to try their best to make an example out of him to keep us all living in fear.
( 1 Person Thought — Tell Me What You Think )

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