Baugus Weapon Charge?

[XLFD]

The Crime

Zachary Allen Baugus, 17, was arrested on Sept. 12, 2019 by the Mason County Sheriff’s Office on felony charges of carrying a concealed weapon and possessing a weapon in a weapons-free school zone.  Mason County Sheriff Kim Cole said the suspect was carrying a large knife.

According to Cole, deputies were in the vicinity of Mason County Central High School investigating a drug complaint when the arrest occurred off campus. Cole said Baugus, who is a minor according to the marijuana law, was allegedly in possession of marijuana. 

On November 5th, Baugus pleaded guilty to the weapons charge and testified that he had a knife with a 5 1/4 inch blade, describing it as a hunting knife in a case holder that was in his bag.  At the time he was carrying it, he was not using it for hunting purposes.  Baugus had no other charges pending, a misdemeanor charge of possessing a weapon at school was dismissed.

The Committee

When the Mason County School Safety Committee was formed in 2012 after the Sandy Hook school shootings, it seemed like a great idea for most everyone, but was it?  That committee meets monthly and includes representatives from every school in Mason County — public and private — along with representatives from law enforcement and other emergency services.  Their contributions since that time have been in the purchases of door boots, implementation of ALICE training and most recently, adopting a school resource officer at MCC.  

The introduction of law enforcement and more zero-tolerance policies in area schools have made this committee believe that they are making our kids safer, but what is often ignored is the negative effects on those students who make a mistake and are introduced to the oft-cruel hands of the local justice system rather than the school traditions of detention, demerits or suspension. 

The Law

MCL 750.227(a) states  "A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person."

In the last two Michigan legislative sessions, there has been a movement to repeal this section due primarily to it being misused against people who never had any intention of using their device for violence against another person, another section of law covers this (MCL750.226).  It should be noted that in the state case of People v Iverson 1971, that the state appeals court found:

"Possession of a hunting knife is not against the law except when the person is armed with such a knife "with intent to use the same unlawfully against the person of another.  Hunting knives "adapted and carried as such" are excepted from the statute forbidding the carrying of concealed weapons. The presence of the hunting knife in the automobile was not a violation of law."

What if the deputy/prosecutor considered the blade a 'dangerous weapon', rather than a hunting knife?  In People v Lynn (1998), the Michigan Supreme Court held that where a defendant is charged with carrying a "dangerous weapon" contrary to M.C.L. § 750.227, the burden is on the prosecution to prove that the instrument carried by the defendant is a dangerous weapon per se or that the instrument was used, or intended for use, as a weapon... The fact that a pointed instrument, such as a machete, has great potential as a dangerous weapon does not render it a dangerous weapon per se. Thus, in the instant case, mere proof that defendant knew that a machete could be used as a dangerous weapon does not support a conviction."

The Marijuana

In October, MCC Superintendent Jeff Mount claimed that Baugus was in possession of marijuana at the time of his arrest, an article in Upnorthlive said the sheriff confirmed that as well at the time of his arrest, but he was not arraigned for such a crime in September, nor was any mention reported at court.  The MCP's report said that he had allegedly been searched for marijuana, but they never seemed to have found that substance, only the hunting knife.  

What happened that day appears to be that somebody made a credible claim that Baugus had marijuana in his backpack.  Or maybe it was simply that he was acting odd or because he put the photo to the left on his Facebook page the previous week. 

Either way, a deputy confronted Baugus who consensually or not, allowed the search of his bag outside of school grounds.  Apparently no marijuana was found but the hunting knife was.  Baugus reportedly volunteered that the hunting knife was for self-defense.   

The Assumption

In an October COLDNews article Superintendent Mount told the paper that "by telling school officials that the knife was for self-defense, Baugus indicated that there was an intent to use the knife against another student.  As a result, Mount said, the knife had to be considered a weapon."

The superintendent uses fallacious reasoning.  If somebody keeps a gun in their home or a baseball bat near their bed at night for self-defense they usually have zero intent on using it for a crime against another.  It is a large step saying that a sheathed hunting knife inside a bag found off campus was intended to be used against another student on-campus. 

Baugus lives outside of the city, it is not uncommon for such folk to carry hunting knives around for more than the purposes of hunting, which could include defending yourself against wild dogs, pigs, bears, cougars, and the like, or just all those other uses of a knife that rustics have that are non-violent to others.  

The Questions

In reading through all of these stories, we fail to find out

1)  Who claimed Baugus possessed marijuana, and was this really a credible claim?

2)  How was Baugus approached off-campus and did he voluntarily consent to having his bag searched or did the deputy conduct an unwarranted search based on a bogus claim?

3)  Was Baugus advised of his rights to an attorney and to remain silent before or when the deputies found a device in the bag that could land Baugus in jail for five years?

Baugus, off campus and apparently not on a bus, has the rights of an adult since he is legally an adult by Michigan law.  Absent a warrant, a deputy has to have consent to search someone's bag.   That consent cannot be gotten through trickery, deceit, or force.  If evidence of a crime is found during an illegal search, the prosecutor may be barred from using that (the exclusionary rule).

In Miranda v. Arizona, the Supreme Court held that the admission of an elicited incriminating statement by a suspect not informed of their right to remain silent and right to consult with a lawyer violates the Fifth Amendment and the Sixth Amendment right to counsel.  

Frankly, Zachary Baugus' scabbarded hunting knife tucked in a bag seems a lot less dangerous than the indications that county deputies may have severely violated his rights and the indications that the superintendent of MCC is assigning intent and marijuana possession to a student who likely had neither.

[Willy]

The report nor any other information from the Sheriff or the school says how the police determined a search of his school bag was warranted.   In my opinion a knife, gun, baseball bat, fork,  golf club, etc, does not become a weapon, let alone a dangerous weapon, until it is used as such. When the police report or the information given out is so sketchy that the public cannot make a determination of exactly what happened, it only leads to suspicions of police corruption. Years ago high schoolers took firearms to school as well as knives in their vehicles to be used in hunting after school. I wonder why his parents allowed this charade to engulf their son. They should have stuck up for him. This is one of the problems with a small town [county] police dept. and that being the lack of serious crimes in which to gauge a petty crime against. I bet we all sleep better tonight knowing this hardened criminal has been dealt with. Just how much of taxpayers money was used in processing this kid thru the Sheriff's office and courts. And for what? A damn knife. My advice to the Sheriff, trim your roster and have the remaining officers deal with serious crimes. If this kid had been black would we be addressing this issue.