Confiscation of knives by police.

[Sosa]

Before you can get a name and badge number you more than likely will get a flashlight to the teeth.

 

[fatheadhill]

If a member of law enforcement says that they are going to confiscate your knife, and if you know that you are carrying a legal knife in a legal manner, you can try the following-

1. Politely inform the officer that you know the law and cite the specific penal statutes that make your knife and method of carry legal.
2. Inform them that you have in your possession a printout of your local penal code to show them (you may need to be carrying this in order for it to work).
3. Request that the officer call their superior officer on the street to the location to verify the law.
4. Inform the officer that the first thing you are going to do if the cop takes your knife is call your civil attorney and have him meet you at the police station.

Of course, none of this provides any guarantee of success. And your attitude might also play a significant role in the decision of the officer or officers. Some cops simply don't know the law, some might assume that you don't know the law and try to take advantage of you, so politely informing a member of law enforcement that you do in fact know the law might help you keep your knife.

If after all your efforts at the scene, a member of law enforcement insists on confiscating your knife, then there isn't anything you can do about it at that moment. Obviously, any physical resistance on your part will likely be met with pepper spray, a taser, a baton, or gunshots. And you will end up in either the morgue, the hospital, or jail. You can't win an argument with a cop on the street. And you certainly can't win a fight with a cop on the street.

If a cop does insist on confiscating your knife, there are things you can do that might help you get the knife back. Here's a list-

1. Ask for a receipt.
2. Get the cops name and badge number and station location (as well as the names and numbers of any other cops at the scene).
3. Get the license number from the plate on the cops car, as well as any other identifying numbers painted on the car (as well as the plate and numbers from any other cop cars at the scene).
4. Right down the exact time and location when and where the knife was taken.
5. Get the names and phone numbers of any witnesses.
6. Ask any local businesses if they have surveillance cameras that might have recorded the incident.
7. Visit the station and politely request your knife back.
8. Contact a civil attorney.

If you are going to file a complaint, or a civil claim, against a member of law enforcement, any such information might help you. If you are going up against law enforcement, or the legal system, there is no such thing as having too much information on your side.

Here are a few other good ideas-

1. Keep quality photos of your knives. And if one of your knives is confiscated, you can bring a picture of the knife with you to the station to show exactly what the knife looks like. Such photos might also prove valuable if the matter becomes a civil case.

2. Engrave your knives with your personal information. This can make it harder for a cop to lie and claim a knife in his possession isn't yours if it has your name and address engraved on it.

Of course, there are no guarantees when it comes to getting your knife back. And if members of law enforcement are determined to conduct themselves in a corrupt manner, and unless you are wealthy, or have political influence, you are likely going to get screwed.

However, speaking personally, if any piece of my property were unlawfully taken by a member of law enforcement I would use every possible means at my disposal to get it back, and if appropriate, to see that officer punished. Some people in our society are of the attitude that you should never make trouble with the cops, that if you complain or sue that they will make your life hell, but I strongly disagree with that attitude. If you aren't willing to stand up for your rights, don't be surprised if they are violated. When citizens keep quiet about police misconduct out of fear or for the sake of convenience, they only encourage more police misconduct.

And as always, when it comes to legal matters, I recommend consulting with an attorney.

As a Sheriff's Deputy myself, I agree with Killgar 100%. Make sure you know your local laws and carry accordingly, but don't allow your rights to be violated by anyone(not even LEO's). There are a lot of laws on the books, and most are near illegible legalese, so its very possible that it may be a misunderstanding, or he may be truly misusing his power. Either way, the situation needs to be remedied. So if you find yourself in this position, don't let it drop until the situation has been corrected. Talk to his supervisor on scene if possible, or call later that day and explain the situation to the supervisor on duty. But as most of the others have said, DO NOT try to physically resist your knife being taken. That can, and probably will get you in immediate trouble.

There are really only two situations that I can think of that an LEO would seize any of your property. 1) If the item itself is illegal to possess. 2) If the item is evidence of a crime or was used in the commission of a crime(which would make it evidence). If neither of these two qualifications are met, then there's a potential issue that needs to be addressed with that Officer/Deputy's supervisor.

All that being said, I see your location is listed as Tennessee. I work in central Missouri, so I'm not too far from you. Do cops in TN get that excited over knives? More often than not people around here are carrying a knife of some sort, so when we run across one it's hardly even noteworthy. Just this past month I've given two different hitch hikers a ride and each had a fixed blade(both older Bucks) on his hip. I merely asked if I could throw it in the front seat for the duration of the ride, and then returned it to them when I let them out.

 

[Charlie_K]

Well since the state in question is Tennessee, this becomes highly relevant. http://www.ij.org/asset-forfeiture-report-tennessee

 

[Redmasta]

Ask the Police officer for a receipt LOL! I'm crying here you guys are killing me!

 

[TOM1960]

Resistance equals death, or massive charges that will send you to prison. Assaulting an officer, disorderly conduct, disturbing the peace, resisting an officer, interfering with the lawful duties of an officer, etc.

Die or go to prison. Those are your two options.

Some of these cops had better watch who they are messing with. Many states have "shall issue" carry permits. Many criminals who have done hard time know all about the so-called "snatch resistant" holsters. Remember, "resistant" and not "proof". Many cops have been disarmed and shot with their own guns! The cop could end up being the one who dies!

 

[TOM1960]

Before you can get a name and badge number you more than likely will get a flashlight to the teeth.

A friend of mine is an aikido instructor (third degree black belt) as well as a former Air Force security police sergeant. Try that stunt with her and you will end up with two broken arms and that flashlight being surgically removed from your rectum by a proctologist!

 

[Charlie_K]

Some of these cops had better watch who they are messing with. Many states have "shall issue" carry permits. Many criminals who have done hard time know all about the so-called "snatch resistant" holsters. Remember, "resistant" and not "proof". Many cops have been disarmed and shot with their own guns! The cop could end up being the one who dies!

And what's that got to do with anything? What exactly are you advocating here, kill the cop who's giving you a hard time?

 

[Clang!]

As a Sheriff's Deputy myself, I agree with Killgar 100%. Make sure you know your local laws and carry accordingly, but don't allow your rights to be violated by anyone(not even LEO's). There are a lot of laws on the books, and most are near illegible legalese, so its very possible that it may be a misunderstanding, or he may be truly misusing his power. Either way, the situation needs to be remedied. So if you find yourself in this position, don't let it drop until the situation has been corrected. Talk to his supervisor on scene if possible, or call later that day and explain the situation to the supervisor on duty. But as most of the others have said, DO NOT try to physically resist your knife being taken. That can, and probably will get you in immediate trouble.

And above all, be polite. This is from the retired cop who was my Admin of Justice professor. LEO's deal with punks all day, and will not tolerate attitude. Even if you are in the right, still be polite.

 

[John_0917]

Some of these cops had better watch who they are messing with. Many states have "shall issue" carry permits. Many criminals who have done hard time know all about the so-called "snatch resistant" holsters. Remember, "resistant" and not "proof". Many cops have been disarmed and shot with their own guns! The cop could end up being the one who dies!

For every LEO killed with his own gun there have been many times more criminals killed while trying to disarm them. And the comment about carry permits is totally irrelevant, the rate of crimes committed by permit holders compared to the overall population is VERY different, last stats I saw for Texas (which has roughly 600k CHLs) there were under 100 violent felonies committed by CHL holders. Most cop killers are far from first time offenders, most states forbid anyone with more than a mid level misdemeanor conviction from getting a permit.

 

[Xevaris]

As a Sheriff's Deputy myself, I agree with Killgar 100%. Make sure you know your local laws and carry accordingly, but don't allow your rights to be violated by anyone(not even LEO's). There are a lot of laws on the books, and most are near illegible legalese, so its very possible that it may be a misunderstanding, or he may be truly misusing his power. Either way, the situation needs to be remedied. So if you find yourself in this position, don't let it drop until the situation has been corrected. Talk to his supervisor on scene if possible, or call later that day and explain the situation to the supervisor on duty. But as most of the others have said, DO NOT try to physically resist your knife being taken. That can, and probably will get you in immediate trouble.

There are really only two situations that I can think of that an LEO would seize any of your property. 1) If the item itself is illegal to possess. 2) If the item is evidence of a crime or was used in the commission of a crime(which would make it evidence). If neither of these two qualifications are met, then there's a potential issue that needs to be addressed with that Officer/Deputy's supervisor.

All that being said, I see your location is listed as Tennessee. I work in central Missouri, so I'm not too far from you. Do cops in TN get that excited over knives? More often than not people around here are carrying a knife of some sort, so when we run across one it's hardly even noteworthy. Just this past month I've given two different hitch hikers a ride and each had a fixed blade(both older Bucks) on his hip. I merely asked if I could throw it in the front seat for the duration of the ride, and then returned it to them when I let them out.

From what I've seen, no, they don't get excited over knives very much unless you're being stupid with one. The reason I was curious about this topic is because we're getting a massive repeal of our knife laws state wide and I am interested in getting an OTF knife. Since I'm 14, carrying an intimidating looking OTF knife just scares me a bit for the fact that if for some reason an officer ever did want to look at it, they may take it seeing as though it would look like I'm just carrying it to scare people. I've never done anything to get the police involved with my activities but I do enjoy urban exploring and just checking out little back alleys and creeks so I was just curious in case something ever happened. From what I've read here I'll probably just give the officer my knife, talk to him about the laws and why I carry it if he was willing. If I didn't get it back I would just ask for a receipt and get my parents to talk to his superior about getting it back. This post has taught me alot as to what to do if a situation like this does arise though, thanks everyone!

 

[Sosa]

A friend of mine is an aikido instructor (third degree black belt) as well as a former Air Force security police sergeant. Try that stunt with her and you will end up with two broken arms and that flashlight being surgically removed from your rectum by a proctologist!

Good way to get smoked. It's not funny.

 

[gadgetgeek]

xevaris, the easy way out of that situation would be not carrying a OTF. having to get everyone involved and given your age, you are at a major risk of someone "teaching you a lesson" If you like urban exploring, your best bet is something very plausible like a one handed 111mm victorinox. Something that says at worst, "bored kid wandering around" instead of "kid creeping around with a switchblade" At your age any kind of record can really burn a lot of opportunities. You need to give that first officer every reason to see you as the good guy, because trying to prove you are once he has decided you are not is a major battle. If you want to own and OTF and its legal, go for it. But be very careful when you carry them, regardless of the laws there is still a big public negative view you have to contend with.

 

[EDCBlader]

I love how nonchalant everyone is about willingly giving up legal rights and possession to law enforcement. I wonder where some of the sheep draw the line, and why the sheep feel that it's okay and accept the way of thinking that it's perfectly fine for a lone Officer to violate your rights else they'll assault or kill you if they don't get their way. The very fact that this seems to be he commonly accepted view of our law enforcement says a lot about where this country is heading...

Oh and I was LOL at asking these thugs in a uniform for a receipt too.

 

[Charlie_K]

I love how nonchalant everyone is about willingly giving up legal rights and possession to law enforcement. I wonder where some of the sheep draw the line, and why the sheep feel that it's okay and accept the way of thinking that it's perfectly fine for a lone Officer to violate your rights else they'll assault or kill you if they don't get their way. The very fact that this seems to be he commonly accepted view of our law enforcement says a lot about where this country is heading...

And what exactly do you, in your infinite wisdom, suggest we do about it? Those that make the laws we have to live by are not on our side. The courts that interpret those laws are not on our side. And the ones that enforce those laws are definitely not on our side.

So kindly explain to us exactly what we can do about this situation, without potentially making things much worse for everyone involved?

 

[gadgetgeek]

EDCBlader, Its because in the calm light of day everything becomes clear. Yes the world isn't perfect, but fighting about rights in the moment only entrenches an us vs. them mindset, and then that officer will not be on your side. As soon as you put any question down to a right and wrong, that discussion is over. Plus wasting the officers time with a discussion of constitutional rights isn't a way to make friends. If you want a law changed, you have a democratic method of doing so. Maybe the officer is wrong. Maybe when you go to court the judge will see in your favor. Maybe public opinion will be in your favor. Who knows? But don't go tossing around the term sheep just because you want to stand up to the man.

 

[EDCBlader]

Yes, the world isn't fair and no one is on our side, so we should accept and do anything an officer tells us to do without question for the fear of being assaulted or not having him/her "on our side" simple because we did not allow them to violate our rights. I agree with the both of you.

 

[Sosa]

Yes, the world isn't fair and no one is on our side, so we should accept and do anything an officer tells us to do without question for the fear of being assaulted or not having him/her "on our side" simple because we did not allow them to violate our rights. I agree with the both of you.

You have to pick your battles. Sometimes it's not worth it.

 

[-1984-]

If a cop wants to confiscate your knife/gun/car/bike/other property/etc. there's nothing that you can do about it and that's the truth.

 

[-1984-]

A friend of mine is an aikido instructor (third degree black belt) as well as a former Air Force security police sergeant. Try that stunt with her and you will end up with two broken arms and that flashlight being surgically removed from your rectum by a proctologist!

I understand what you are saying and I agree with you but let's be realistic. If you are forced to fight the police, you have already lost.

This discussion reminds me of a debate you see on gun forums all the time. "What would you do if they start going door to door confiscating legally owned firearms?" Everyone talks about how they will never give up their 2nd Amendment rights but if that day comes 99% of the people will not resist. Someone who has a job, a family, a good reputation, and many other reasons not to end up dead or in prison will not resist even if their rights are being violated and the authorities know that.

 

[richard thurman]

now what do you do if he does not want to give you a ticket showing he took your knife?? call 911 and ask for somene else to come out there??

I was at the VA in Orlano Florida and the police saw my knife clip and pointed it out to me. He told me I was not allowed to have it on me while I was there. he ask me what are am I going to do about it. I said I didn't know I had it on me and I would like to put it in my truck. he said do it and his partner was outside watching me doing it. he asked another person the same thing and they just put it deeper in there pocket. he ask them are you sure?? they asked what is the big deal?? so he took them to jail. I think I did the right thing by just using my scooter and going out and putting my knife on my truck front seat.