DISCLAIMER: This is not guarunteed legal advice, and is not to be used as such. By reading beyond this disclaimer, you have voluntarily agreed that I cannot be held responsible for any and all legal complications that result from the personal use of this information. This article is for informational and educational purposes only. The information is acquired from case law and the ohio revised code. The following information, other than this disclaimer, is not to be taken as the law, and is not a replacement for actual legal advice gathered from a source qualified to provide such advice. You have been warned. Use at your own risk.
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Everything below this sentence only pertains to ohioans.
Normally, if you were carrying a reasonably short knife concealed, and were arrested by a LEO on said charge, you would have one or more chances to defeat it. First of all, make sure that the search and seizure was warranted and legal. If it was not, then the evidence will automatically be considered "tainted" and therefor, unusable by the court. In other words, you're off the hook. If they claim to have a warrant, ask to see it. As far as I know, a warrant is invalid until signed. If the warrant is signed but looks fishy, DO NOT refuse the search. You could be arrested for failure to cooperate, disorderly conduct (if you get beligerant), or even obstructing justice. If it looked fishy and you were arrested or charged with a crime pertaining to what was confiscated from you or your property, you can fight it out in court that the warrant was forged or fake. Also, as far as I know, a search of your person (a standard pat-down) does not require a warrant, but the officer must have a just cause for doing so. If the officer cannot provide a valid reason for the pat-down, or your defense team has defeated the LEO's excuse, it's possible that the evidence will be considered invalid, or unusable. This is not as likely to happen with an unwarranted pat-down as it is with an illegal search and seizure. This is because an officer's reason for a pat-down is much harder to defeat in court than his or her reason for conducting a search and seizure. Either way, they are both incredibly hard to defeat. This is because in the court room, it's the officer's word over yours. He or she has much more credibility in the court room than you will ever have, providing you're not an ungodly talented attourney with a rediculous amount of luck and contrandictory evidence on your side.
Your second defense is that the knife is just a tool. This defense may work providing some-most-all of the following information applies, depending on the individual case and circumstances: the knife is not adapted to be used as a weapon, the knife is not traditionally or typically used as a weapon, you do not claim to use the knife as a weapon, the blade length is a reasonable length for a tool, the cutting edge is not excessively sharper than needed for the tasks you claim to use it for, the blade length or opening mechanism would greatly impair it's use as a weapon, it is not a switchblade, it is not a OTF, it is not a stilleto (switchblade or not), it is not a balisong, it is not a gravity knife, it is not a bowie knife, it is not a weapon prohibitted by law, it is not longer than the legal limit, it is not a dangerous ordinance, you have not been convicted of a felony, you have not been previously convicted on weapons charges, you have not been convicted of assault/battery (especially with a weapon), you have not been labelled as mentally incompetent by the court (standard mental illnesses are not generally included), you do not have a history of problems controlling your anger, you are responsible enough and mentally fit to use a knife safely, you are of legal age to buy and possess a knife, the knife is not linked to a crime, it is not deemed or used as a criminal tool, you do not possess items with the knife that are considered to be used in a criminal way in conjunction with the knife, the knife is not gang related.
Phew, long list huh? Just think about it though. If you were the judge, and were trying to decide to charge them with carrying concealed weapons or not, you would probably take into consideration some, if not all or more, of the things i have listed above. Yet, most of the time, they will just charge you will carrying concealed weapons without taking into consideration anything I have listed. The law is everything but fond of those who conceal-carry, especially without a permit.
Your last defense might be (though I doubt it will work for anyone): you didn't realize it had become concealed. Basically, a different form of the "ignorance" plea. For an example: it's attached to your pocket using the handle's pocket clip, and is clearly visible when standing. When you sit down, however, it becomes hidden under your coat, sweater, shirt, etc. You are patted down during a traffic stop and the LEO confiscates it and arrests you for carrying concealed weapons. Most of the time, you are screwed either way. If the LEO admits that he or she was able to see the knife after the defendant had stood up, then you might be able to fight the charge. Don't get your hopes up though since the ignorance plea rarely works in court anymore.
***Solution***
Your best bet to stay out of trouble is: either make sure it is visible or get a CCW if you don't like open carry. Also you should never say it is a weapon, even if you claim to use it for self defense. I know it violates the constitution grossly, but they can take it away just for that reason. In that particular scenario though, they have to return it. If it's a switchblade you probably won't be getting it back.
Good luck to you all, and stay out of trouble :thumbup:
Links for you reference and personal research:
http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=titlepage.htm
http://uscode.house.gov/
http://municode.com
---point of no return---
Everything below this sentence only pertains to ohioans.
Normally, if you were carrying a reasonably short knife concealed, and were arrested by a LEO on said charge, you would have one or more chances to defeat it. First of all, make sure that the search and seizure was warranted and legal. If it was not, then the evidence will automatically be considered "tainted" and therefor, unusable by the court. In other words, you're off the hook. If they claim to have a warrant, ask to see it. As far as I know, a warrant is invalid until signed. If the warrant is signed but looks fishy, DO NOT refuse the search. You could be arrested for failure to cooperate, disorderly conduct (if you get beligerant), or even obstructing justice. If it looked fishy and you were arrested or charged with a crime pertaining to what was confiscated from you or your property, you can fight it out in court that the warrant was forged or fake. Also, as far as I know, a search of your person (a standard pat-down) does not require a warrant, but the officer must have a just cause for doing so. If the officer cannot provide a valid reason for the pat-down, or your defense team has defeated the LEO's excuse, it's possible that the evidence will be considered invalid, or unusable. This is not as likely to happen with an unwarranted pat-down as it is with an illegal search and seizure. This is because an officer's reason for a pat-down is much harder to defeat in court than his or her reason for conducting a search and seizure. Either way, they are both incredibly hard to defeat. This is because in the court room, it's the officer's word over yours. He or she has much more credibility in the court room than you will ever have, providing you're not an ungodly talented attourney with a rediculous amount of luck and contrandictory evidence on your side.
Your second defense is that the knife is just a tool. This defense may work providing some-most-all of the following information applies, depending on the individual case and circumstances: the knife is not adapted to be used as a weapon, the knife is not traditionally or typically used as a weapon, you do not claim to use the knife as a weapon, the blade length is a reasonable length for a tool, the cutting edge is not excessively sharper than needed for the tasks you claim to use it for, the blade length or opening mechanism would greatly impair it's use as a weapon, it is not a switchblade, it is not a OTF, it is not a stilleto (switchblade or not), it is not a balisong, it is not a gravity knife, it is not a bowie knife, it is not a weapon prohibitted by law, it is not longer than the legal limit, it is not a dangerous ordinance, you have not been convicted of a felony, you have not been previously convicted on weapons charges, you have not been convicted of assault/battery (especially with a weapon), you have not been labelled as mentally incompetent by the court (standard mental illnesses are not generally included), you do not have a history of problems controlling your anger, you are responsible enough and mentally fit to use a knife safely, you are of legal age to buy and possess a knife, the knife is not linked to a crime, it is not deemed or used as a criminal tool, you do not possess items with the knife that are considered to be used in a criminal way in conjunction with the knife, the knife is not gang related.
Phew, long list huh? Just think about it though. If you were the judge, and were trying to decide to charge them with carrying concealed weapons or not, you would probably take into consideration some, if not all or more, of the things i have listed above. Yet, most of the time, they will just charge you will carrying concealed weapons without taking into consideration anything I have listed. The law is everything but fond of those who conceal-carry, especially without a permit.
Your last defense might be (though I doubt it will work for anyone): you didn't realize it had become concealed. Basically, a different form of the "ignorance" plea. For an example: it's attached to your pocket using the handle's pocket clip, and is clearly visible when standing. When you sit down, however, it becomes hidden under your coat, sweater, shirt, etc. You are patted down during a traffic stop and the LEO confiscates it and arrests you for carrying concealed weapons. Most of the time, you are screwed either way. If the LEO admits that he or she was able to see the knife after the defendant had stood up, then you might be able to fight the charge. Don't get your hopes up though since the ignorance plea rarely works in court anymore.
***Solution***
Your best bet to stay out of trouble is: either make sure it is visible or get a CCW if you don't like open carry. Also you should never say it is a weapon, even if you claim to use it for self defense. I know it violates the constitution grossly, but they can take it away just for that reason. In that particular scenario though, they have to return it. If it's a switchblade you probably won't be getting it back.
Good luck to you all, and stay out of trouble :thumbup:
Links for you reference and personal research:
http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=titlepage.htm
http://uscode.house.gov/
http://municode.com
