Auto's and Military, again

as far as i know, municipal agencies dont normally exercise their jurisdiction on federal land unless a request is made to do so, ie need for k9, swat, airship, etc. court jurisdiction would not necessarily be applied the same way as law enforcement jurisdiction.

the concurrent jurisdiction seems to be giving federal court the ability to hear state level cases to expand their jurisdiction. eg, a federal prosecutor could decide a particular violation to be more appropriately dealt with at a federal level and declare jurisdiction.
 
The Law is very different from state to state. Recently in VA, a CONVICTED FELON who'd just bopped someone over the head with a 2X4, was found to have a steak knife in his pocket, and was arrested for carrying a concealed "dirk." The appellate court overturned the weapon charge, since it was not used as a weapon, and "it would strain" the definition of "like weapon to a dirk" to classify a common steak knife as such (I have the 5 page printout of the court's decision in my vehicle, lest my serrated Culloden ever comes into question). In CA, any fixed blade is unlawful to carry concealed.

As for the "pen knife," I was simply referring to a small folding knife rather than a disguised blade.

i know this post is a little old, and apologize for not responding sooner. but again, the totality of circumstances usually determine at the line officer level whether an arrest should be made. i try not to concern myself with possible court outcomes, as many cases are dismissed for a variety of reasons. many are dismissed due to a severe backlog of cases and the feeling of the district attorney's office that the offense is so minor as to not justify prosecution.

cases are often heard in several courts as the result of appeals, are you aware if the case you mention went beyond the appelate court to the supreme court? at least with regard to the dirk/dagger.

it is usually difficult to keep up with these decisions as case law is ever changing and various courts overturn and make their own decisions, only to be overturned in another court. the cycle continues on and on.
 
Back
Top