MIAMI -- Charges against Local 10 reporter Jeff Weinsier were dropped by the state attorney's office Tuesday.
"I feel vindicated," said Weinsier.
Weinsier was arrested by Miami-Dade School police on Oct. 23 at Miami Central High School. Police said he was on school property and arrested him for trespassing while he was at the school doing a report on violence.
After his arrest, police discovered he was carrying a loaded handgun.
In what is called a close-out memo, Assistant State Attorney Maggie Gerson said there was no evidence that Weinsier was ever on school grounds.
As far as the gun Weinsier was carrying, Gerson said: "Anything that was found on the defendant after he was arrested will be suppressed as a matter of law."
School police have not responded to Local 10's request for a comment on the dismissal of the charges.
"We were allowed to be on that public sidewalk, " Weinsier said after a brief court appearance Tuesday.
Weinsier was suspended for two weeks by Local 10 for carrying a handgun while working, which is a violation of station policy.
Charges Against Local 10 Reporter Dropped - Miami News Story - WPLG Miami
The above is from the channel Weinsier works for; nearly all the other accounts offered by other news outlets focus only on the gun arrest (because everybody just reprints the same biased Associated Press article). It's amazing how the media will even throw one of their own under the bus just to put the focus on guns.
The issue was not his gun (which he had a permit to carry); he was on a public sidewalk in front of a school doing his story and the school cops rousted him and arrested him for trespassing. Clearly 1st and 4th Amendment issues; the gun was not discovered until he was in custody . . .
From the Florida AG's "close-out memo:
"The decision to No-Action this case is appropriate, first and foremost due to the fact that defendant was not on school grounds. This is evidenced by the video footage that was shot by the defendant’s cameraman while the situation was occurring. Therefore, due to the fact that the defendant was not on school property it cannot be said that the defendant was trespassing. Since the defendant was not trespassing, anything that was found on the defendant after he was arrested will be suppressed as a matter of law. This is a well-known proposition in the law.
As to the Resisting an Officer without Violence and/or, Failing to Obey a lawful command charge, the arrest may have been lawful had there been a lawful command. However, the command does not appear to be lawful in this case since being on the sidewalk in and of itself is not illegal."
The raw video footage of the incident is available at the link above. He has retained consul to file a suit against the school police.