Thanks for the sentiment, but vindication was not really attained. You can't fight em alone, "he who acts as his own lawyer has a fool as a client". I had to dip into savings and hire a local mouthpiece who charged me some real money to make it disappear.
I spent $3K, lost 2 knives, and took a plea deal or in this case a raw deal. Dirty coppers stopped me at gunpoint, had 4 additional popo's as back up for a total of six cops, three cars. All this law enforcement presence for me just walking down the street minding my own business. Asked if I was on probation or parole then told me to turn around and put my hands on top of my head.
During the pat down two knives were removed from my pockets, a Cold Steel Ti Lite with six inch blade and a San Mai Black Talon, a $400 knife. They flicked them open saying that this made them switch blades. I was questioned about my life for the next 45 minutes. Then they all got in their vehicles ready to leave and I was foolish enough to ask for a property reciept. That's when I was arrested. The charge posession of switch blade knives even though California law exempts those knives due to a bias towards closure and post for one handed opening.
I figured everything would be taken care of in court. Nobody even acknowledged the law 653K. Attorney wanted an additional $1500 to run an illegal search defense on top of the $3000 already paid. I said forget it and took a plea/raw deal to a lesser charge 415pc disturbing the peace.
Section 653k. (Amended by Stats. 2001, Ch. 128, Sec. 1.)
Cite as: Cal. Penal Code §653k.
Every person who possesses in the passenger’s or driver’s area of any motor vehicle in any public place or place open to the public, carries upon his or her person, and every person who sells, offers for sale, exposes for sale, loans, transfers, or gives to any other person a switchblade knife having a blade two or more inches in length is guilty of a misdemeanor.
For the purposes of this section, “switchblade knife” means a knife having the appearance of a pocketknife and includes a spring-blade knife, snap-blade knife, gravity knife or any other similar type knife, the blade or blades of which are two or more inches in length and which can be released automatically by a flick of a button, pressure on the handle, flip of the wrist or other mechanical device, or is released by the weight of the blade or by any type of mechanism whatsoever. “
Switchblade knife” does not include a knife that opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or that biases the blade back toward its closed position.
For purposes of this section, “passenger’s or driver’s area” means that part of a motor vehicle which is designed to carry the driver and passengers, including any interior compartment or space therein.
plus the laws have changed.
