An arresting experience

S

stray

Joined
Jul 26, 1999
Messages
321
Last Friday night, just got done helping a buddy put an engine in his 69 Camaro. He wanted to buy me a beer, so I suggested the local Stop and Go as I didn't want to end up in a bar. One sip on the side of the building, and a young officer happened to go by. We were polite but before I knew it I was cuffed and jailed. The charge was drinking in public. My buddy was let go because the officer didn't see him drinking. The officer took a Paragon UDT (large auto), a CRKT B&S Kiss, and my deadly Micra. As I was being released, he told me I could come in Monday and get them from the property officer. My question is could I be arrested again when I claim the auto? Because the officer wasn't sure about its legality at the time? Any advice would be appreciated,

jeff
 
If you are caught drinking in public where I live they usually confiscate your booze and cite you a ticket and perhaps bring you to the station to sleep it off if your drunk. I doubt the police officer would bring you to the police station if you only had one beer in your hand and you were not drunk, so I have a problem believing your story.

If you are carrying an auto "illegally" you should be charged under the law, it is really that simple. In other words, if carrying an auto is illegal in your community it will be confiscated and you will not get it back "and" quite probably be charged. They know where you live so why does it matter if you go into the police station to pick it up.

May I ask why you consider yourself above the law anyway ??

Really I have "zero" sympathy for you.

Good luck in your plight.

Regards,

xxxx
 
Jeff, your profile says you're from Florida. I THINK that means your auto is legal for carry, Mike would know better than I. Of course, your town may suck worse than your state--mine does.

smile.gif


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"It is not criminals who enter schools and shoot children . . ."
--Ann Pearston, British gun control apologist and Moron
 
Gee xxxx you sure are a warm hearted and loveable person. It might just be that different states and cities have different laws, hmmmmm? I would love to add more, but I feel I have already stooped too low.



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Paul Davidson

Them:"What's that clipped to your pocket, a beeper?"
Me:"Uuh....yeah, something like that."


 
Wow, I must say xxxxx, or however many x's there are...i'm restraining myself here.
Please, say something constructive or shut up. If you have trouble with believing someone on here, click to a different post. Because of your profile i see you're pretty dang new...we have a thing here with HELPING people. This guy didn't ask if he was wrong for drinking in public or carrying an auto. and 1. many cops are stupid and ignorant of many laws. 2. Autos in MANY places are not illegal. Those two things combined go with his question...which was would he have trouble getting his auto back...because the COP DIDN'T KNOW IF IT WAS LEGAL OR NOT!

Just my 2 cents.

-Vailin Krow-
 
Well. I hope you get your stuff back. I can see why they are cracking down on drinking in public, many times it leads to drinking and driving. I think you tossing down a cold one after a hard days work is different, as long as you were not planning to drive while drinking I dont see anything you should have been hassled for. Maybe a warning from the cop would have been in order. Heh, its so comforting to see cops that dont know laws on weapons. We still have a few around here that like to lay a blade acroos thier hand to see if its legal length, except they dont seem to realize that there is no length restriction here
smile.gif
As for you xxxx, maybe an auto is illegal in some places. Unfortunatly in some cases you have to follow the law of the land, but in some instances, just because its the law does not make it right. And as stated above, this forum is for helping people, and in this instance your critisism is unwarranted.
 
Yes I live in Florida. No I wasn't drunk, I spent enough time in the jail to remove my belt and shoes, get my picture taken, have 3 sets of prints taken, sign here here and here and it was out the door. And I do realize that the officer was doing his job as he saw fit and am not making excuses, I was breaking the law. I do feel it was overkill to arrest me though. Quadruple x, what did you see that makes you feel that I am holding myself above the law? Please re-read my post and find the reason for my post in the two questions near the end. And respond with any constructive comments. Thanks guys,

jeff

P.S. I want my tools back!

[This message has been edited by stray (edited 31 October 1999).]
 
Folks,

Let's be careful here please. I don't think anyone will benefit should this thread become nothing more than a series of critiques on behavior and post contents. Remember BFC has a rule about no personal attacks...



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-=[Bob Allman]=-

I did NOT escape from the institution! They gave me a day pass!

BFC member since the very beginning
Member: American Knife & Tool Institute
......... Varmint Hunters Association
......... National Rifle Association
......... Praire Thunder Inc.
......... Rapid City Rifle Club
......... Spearfish Rifle & Pistol Club
pending: Buck Collectors Club (prime interest: 532s)
Certified Talonite(r) enthusiast!

 
Hey jeff, we all make and learn from our mistakes.I was jailed for 30 days for somthing realy stupid on my part.I would try calling the PD first, so you`ll know what to expect.Then again they might just keep them,takem home and put them in the old top drawer.What ever the case is I hope there returned unharmed.=] Dont let rotten fish spoil the pond.
 
Maybe I can help. I am a cop here in Montana. Yes you could be arrested. (if carrying an auto in your state isa illegal) You probably will not be though or they would have added it to your list of charges that night. This leads me to believe one of two things: #1 either carring an auto there is not illegal. #2 the officer has no idea the knife is an auto. If it is now in property they will probably just empty the bag your stuff is in and get you to sign for it. I would go pick the stuff up. If it is illegal and they are waiting for you (which I doubt) they have up to 6 months to charge you for carrying it anyway. P.S. Move to Montana, we do not have a drunk in public statute. It is perfectly legal unless you are disorderly which is charged whether you are drunk or not.Good Luck! Don't be paranoid! Go get your property. Don't let us cops have it.
 
Thanks protoolman. I have to repeat though that I was not drunk. And my list was short; drinking in public. I do feel that it was an over-eager new officer though.

After he cuffed me he asked if I had anything in my pockets that he should know about. I said yes, a switchblade. So there is no question about what it was.

I really appreciate your input as a professional. I did think about them coming for me if I didn't claim my property though. Best to find out tomorrow by going there. The local cops here are a good sort generally, haven't had any trouble in 25 years. Thanks,

jeff
 
Every state has different laws and you really need to talk to someone in Fl. I am a cop in KY and here you can be arrested for drinking in public, but in my county, the jail is too packed to lock up people for that unless they just refuse to let us be nice to them. I normally would have told you to pour it out and maybe have written you a citation instead of a physical arrest. Auto knives are illegal to conceal here unless you have a ccdw permit which covers guns AND other weapons. If you had the knife clipped to your pocket where I can see the clip, then I don't consider it concealed, but I am a knife person. I really think they would have a hard time charging you when you go to pick up the property, but I would carry it out in you hand or a clear plastic bag or something so that noone can say it is concealed. As always where the law is concerned: YMMV.
 
The law is a twisted thing. Here in New Orleans its cool to drink in public. You have to have in drink in a non breakable container. There is a law banning switchblades. There is no law banning pocket knives. However, if you are arrested for breaking a law and you have a knife in your pocket, any knife, you can then be charged with carrying a concealed weapon.

So carrying a knife in concealed in pocket is not illegal so long as you break no law then it becomes illegal.
 
Stray:

What the heck, go get your goods from property. If they want you, they already have documentation you were carrying. Chances are you pick up your tools and nobody is the wiser. Best of luck with your upcoming meetings with the city. I can't point fingers, I've been there as well. Kansas is a bit more liberal.--Dan
 
Stray, that PO has no idea how lucky he was that you weren't a criminal type and used the Micra!!
:::::::quivering psychotically at the image of possible carnage::::::
wink.gif

Seriously though, sorry to hear about your mishap. It sounds like he was over eager but that doesn't hep now. To be honest, I'm not too sure it was a good idea to say the "Switch" word though. I understand your intention, but if it was me, I woulda let him figure that out for himself. That's water under the duck though, so WTF.

I was in a similar situation years ago. I was arrested for an alcohol related infraction and had an Al Mar SERE confiscated. The Sergeant was a decent sort, but wouldn't return the knife to me that night. The following day I went to HQ and asked for it and it was returned without comment.
I realize that the SERE isn't an Auto, but it is still considered a BFK. (Big Hanking Knife) in these parts and the Police could have given me a hard time about it.

Anyways, if you might as well go down and ask for your items since it's not going to change anything in the long run.

I just hope they return the MICRA!!!!!
That evil, WICKED WEAPON!!!
wink.gif


All the Best,
VG

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Vampire Gerbil: Nosferatus Rodentus Moderatus; similar to a domestic gerbil, except for the odd accent and little black cape.


 
Stray,

If the police do place charges against you for the knife.... how about this for a defense:


" Your Honor, I do admit that I was carrying the knife in my pocket. I also informed the officer of it for his safety. At the time of the arrest, the Officer was not sure what the legality of carrying the knife in question was, therefore; I respectfully ask the court this question:

If a trained Law Enforcement Officer does not know and understand the legality of the knife in question.... does the court expect me, a common citizen with no formal legal training, to know and understand the law in this manner?"
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Of course I hope it doesn't come to that!...
 
Done deal. I got my tools back with no problem. There was even a bonus, the property officer was very attractive! Helluva a way to meet women though...

I told the arresting officer that it was a switchblade because he would have found out anyway, I didn't want him cutting himself, and more importantly I didn't want him accidentally opening it up in my pocket by grabbing carelessly. I would sound funny talking in a falsetto.

Thank you guys very much for the input. From now on I promise to keep my nose clean and be a model citizen. (Practicing for the hearing.)

jeff, rehabbed criminal
 
CONGRATULATIONS STRAY!!!

You had my sympathy. Now you have my congratulations. Glad that it worked out this way for you.

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"But now, he that hath a purse, let him take it, and likewise his scrip; and he that hath no sword let him sell his garment and buy one." --Jesus Christ (Luke 22:36) See John 3:15- 18


 
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