Got pulled over last night...

Cereal_killer

Cereal_killer

Joined
Apr 4, 2013
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Last night I committed a minor traffic violation, no big deal- merged over to exit from a lane your not supposed to merge from, the traffic stop went off cleanly and after the business was out of the way I actually had a very good convo with the officer and we both went on our ways, I had no hard feelings- I did something wrong and got a ticket. At the end of the stop the officer actually thanked me for making his job so easy and for being so respectful and professional, we shook hands and both drove away.

Anyway when he came to my window and asked if I had any weapons I replied exactly how I had always planned, I said "no weapons officer and nothing illegal at all but I do have several pocket knives on my person". He asked me to step out while he checked me, no issue, I wasn't cuffed, he didn't even hold my hands together while he pat me down, again this stop was handled very professionally on both our parts and he realized I was working to make his job easier from the get go so he was very cool. He held onto my knives but he actually missed one i had in my carpenters pocket and a few minutes later when I realized and informed him he just said to leave it in my pocket (we were sitting in his car, [me in the front seat with him] cause it was 5* outside and he asked if I was cool with going back to his car so he didn't have to stand there at my window). We were on the freeway when I did the incorrect lane change but I exited cause the shoulder was very narrow so I didn't want him to have to stand out there and the area of the city is one of the worst so I totally understand his caution.

Anyway at the end of the stop we got onto the topic of knives, he wasn't a big knife guy but he recognized the spydercos and Benchmades I was carrying. This is the point of this post- he told me that had another cop wanted, each of my knives could be a M1 concealed carry charge on their own and to be careful. Is this true? Can each individual knife be another charge and an m1 level at that? (highest level below felony, here in Ohio we have M 5-1 and F5-1, the lower number the higher level)

The knives I had that he held onto were my Spyderco Domino and my BM710 (the knife he missed and then didn't even bother taking when I informed him was my Byrd Hawkbill), he also didn't bother taking my keys from me (I grabbed them so my truck wasn't sitting there running) and there was a Manbug on the keychain. He did take my foursevens Quark out of its holster and held it with the knives which I found a little over the top, especially since he left me two knives (the manbug he clearly knew about when I grabbed my keys).
 
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liamstrain said:
Is an out of the vehicle pat down usual for a moving violation?
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In the area we were in, yes, I had no issue with it. Again he asked me if I minded going back to his car for the stop (which took slightly longer than normal cause his computer was down) so that's probabily why, had it not been so cold and I stayed in my car I doubt it would of happened that way.
 
liamstrain said:
Is an out of the vehicle pat down usual for a moving violation?
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I would think (probable cause) fact that he admitted having knives on his person, officer can bring you out of the car.
As for concealment, in n.c. It is illegal to conceal. Doh no about ohio.
 
Just to point out, all the knives were clipped to my pockets, not just loose down in the bottom, the 710 clipped to my LRP, the Domino RFP and the Byrd in my carpenters pocket (which apparently you can hid weapons in and not have them found during a pat-down!?)

Again I forgot about the Byrd but I told him exactly where the others were before I even got out and I kept my hands clearly out in front of me and when I was initially waiting for him to approach the first time I kept my hands on the steering wheel and didn't move around any.
 
Well I think it was the 'several knives about the person' thing that may have set him off. most people don't go around with a butcher's shop on their person. not that it's illegal. but if he's already got you there and you say "i'm literally covered in blades" he's going to want to get a lay of the land as it were, most likely for his own safety.
 
Yes I understand officer safely and all, I've actually worked with several LEO's before in my gun business so I'm quite versed in their SOP. The thing I'm wondering about is if its true what he said about how each knife could be a M1 charge for concealed carry at the discretion of the officer.
 
Cereal_killer said:
Just to point out, all the knives were clipped to my pockets, not just loose down in the bottom, the 710 clipped to my LRP, the Domino RFP and the Byrd in my carpenters pocket (which apparently you can hid weapons in and not have them found during a pat-down!?)

Again I forgot about the Byrd but I told him exactly where the others were before I even got out and I kept my hands clearly out in front of me and when I was initially waiting for him to approach the first time I kept my hands on the steering wheel and didn't move around any.
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1 was concealed while the other knives where not concealed.
 
Krav said:
Here's what knife up says, I believe you played it right. Honesty is always best.

http://www.knifeup.com/ohio-knife-laws/
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Ok quickly read threw this, I still have a question as to wether or not I could have been charged with multiple charges for multiple knives but from the same incident. If you have a CWP you are aloud to carry as many guns as you can hide on your person, it would seem to me that if I was going to be charged it should only be one charge total, regardless of the number of knives. Also some of the knives were more visible than others, the 710 for example rides very deep, other than the clip you really can't see it, but the domino is visible as is the Byrd, which actually sticks out quite a bit.
 
Cereal_killer said:
This is the point of this post- he told me that had another cop wanted, each of my knives could be a M1 concealed carry charge on their own and to be careful. Is this true? Can each individual knife be another charge and an m1 level at that? (highest level below felony, here in Ohio we have M 5-1 and F5-1, the lower number the higher level).
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Ohio's knife carry laws are very vague and could, but not necessarily always, be applied to any knife, even a pocket knife. This vagueness leaves the officer a fair bit of discretion, so it is often the circumstances of the stop and your attitude that determine it. I personally despise laws of this kind because they are absolutely unconstitutionally vague in wording and in enforcement, but this seems to be yet another one where the courts just rule "It's not unconstitutionally vague because...because I'm a judge so my word is law and and I don't like you!"

Traffic stop is probably the most "innocent" type of detainment you can get where carried knives even come up as a topic with a cop. So you did good with how you handled it.
 
I think they could charge you for all of them. After you get a lawyer and speak with the prosecutor they may or may not throw out the other charges and keep the one. Your at the mercy of lawyers, prosecution, judges, and arresting officers at that point.
 
Krav said:
I think they could charge you for all of them. After you get a lawyer and speak with the prosecutor they may or may not throw out the other charges and keep the one. Your at the mercy of lawyers, prosecution, judges, and arresting officers at that point.
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^this is a really good point. Sad but true.

I think it's crazy how different state laws are. Here in TX, I don't think an officer could/would ticket for concealed pocket knife. Geez.....
 
first i hope you are a tarheel, but not a unc fan Ha my son a ECU med school. ok what is you interpertation of the carry law in NC regarding knives. Also in NC can you carry a loaded gun in the car, with or with ccp. what about long guns in NC. can they be carried loaded inside car /truck/ etc..thanks rb
how could you legally carry a knife in nc ?


Krav said:
I would think (probable cause) fact that he admitted having knives on his person, officer can bring you out of the car.
As for concealment, in n.c. It is illegal to conceal. Doh no about ohio.
Click to expand...
 
tanto4me said:
first i hope you are a tarheel, but not a unc fan Ha my son a ECU med school. ok what is you interpertation of the carry law in NC regarding knives. Also in NC can you carry a loaded gun in the car, with or with ccp. what about long guns in NC. can they be carried loaded inside car /truck/ etc..thanks rb
how could you legally carry a knife in nc ?
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Out of respect of cereal killers thread, I'd recommend opening another thread where your questions could be discussed. :D
 
Krav: thanks.
Cereal: sorry, what I should have said is "i don't know" or nothing. didn't mean to start a derail.
 
Maybe just in case a situation like this happens again just carry one knife instead of three because most of us barely need one let alone three.
 
The concealed carry thing all depends on your state or local laws. I do think technically that the could be multiple counted against you but if they were not illegal then you would be fine.
 
Remember that being charged is not the same as convicted. He coild ha e done each knife as a separate charge, butthat doesn't mean a judge will agree. To be honest, we usually throw out as many charges as possible so the prosecution can make deals easier.
 
I believe he could have charged you with a sesperate charge for each knife, in my career I've read hundreds if not thousands of police reports and if the officer chooses he can sesperate each item, yes at his discretion. Imagine a drug arrest the crimes can be broken down to possession, possession with intent, possession of paraphernalia and according to how much you have possession with intent to distribute, manufacture etc..
 
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