Legally Carried Knife Confiscated By Police Officer, HELP

Joined
Nov 26, 2011
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Hey Everyone,

So let me give you an introduction of where I am from, and the situation. Here in Vancouver BC, the transit system has their own police force known as Transit police. These police officers have the same power as provincial police officers, so they can convict people for crime, ticket, be general pricks etc etc….
Last night I was on the Skytrain with four of my friends with a bottle of open wine in a paper bag when I suddenly felt my knife – a spyderco endure wave – taken out of my rear pocket. When I looked behind me I was greeted by two transit police officers. At this point the male police officer motioning towards my bagged wine bottle and says, “I will for sure be taking that away,” and while flopping my knife closed, “this we will be talking about.”

At this point, we are taken off the train and I am issued a ticket for consuming alcohol in a public space; I take full responsibility for this as this was illegal, though my friends and I were conversing to ourselves and by no means a drunken nuisance. After this, the police officer began questioning me about why I was carrying the knife. I explained my job at a major Canadian outdoor gear retailer, and explained that it was part of my EDC, also showing him my flashlight.

The police officer from here proceeded to try to flick open my knife, which he could not do. On his second attempt he partially opened the knife with his thumb and flicked the knife open and said, “hmmm.” The officer shortly after explained to me that, “It was not in the public’s interest for me to be carrying the knife out in the open.” I proceeded by explaining the legality of me carrying the knife concealed, which in Canada is illegal even if the knife is under X inches or does not lock, but without result. His response still related to “public interest,” and at this point I realize that there was nothing I could of said to the officer and accepted what he was doing. It should be noted that my friends and I were extremely polite with the officers.
After receiving the ticket I asked if this knife was being confiscated as a weapon. He said that the knife was not, and that I could pick it out at a later date. He then gave me a case number and I asked about the process.

I am happy that he did not consider my knife as a weapon, but I am confused and upset that I now need to travel to a suburb city far from Vancouver to pick up an item I was carrying 100% legally.
My question for all of you is the legality/ rights that he had in this situation. (I found it stupid that he took the knife out of my pocket, if I had fully reacted it could have been a very poor situation.) Did he have the right to even take my knife out of my pocket? It was legally carried as it was not concealed and I had a legitimate reason for carrying the knife.
Please let me know everyone, and I thank all of you in advance for responding.

-Victor
 
You can carry a knife legally concealed in Canada, you cant conceal a weapon, the definition of a weapon is quite open ended but does not describe a knife necessarily. There are numerous threads on this in the Canadian section, welcome to the forums.
 
he took a knife from an intoxicated person and gave you an option to get it back.it could have been worse.dont whine.
 
he took a knife from an intoxicated person and gave you an option to get it back.it could have been worse.dont whine.

Encounters with the police hinge on why they are paying attention to you in the first place. You had alcohol illegally and don't deny it; strike one. They already didn't like you at that point. They had cause to distrust you as a person. And with regards to the knife, Canadian law (to the best of my understanding) does not have extremely clear-cut rules like most American states due, and due process rules are different, leaving the officer with a fair bit of discretion. You should be thankful he is allowing you to reclaim it. You could have lost it forever, like what often happens in the US when police take knives and don't cite you.

I'll admit, him pulling it out of your back pocket was a stupid bit of police work and a probably against training. Yeah, he was probably trying to "disarm" you before you knew he was there, buts a really stupid idea for a cop to put hands on someone from behind without identifying himself. The last guy that tried to take my knife out of my back pocket got an back-elbow in the face and a few broken teeth to show for it.
 
You were stopped and cited for open container and the officer took your knife away to ensure his safety and the safety of his partner during the course of your detention. He's giving you the opportunity to get it back, so I would take it and be grateful. Pay the fine for the booze and go pick up your knife when it's available. I will also give you a little tip, arguing the legalities of the situation is best reserved for an attorney in a courtroom and not by you on the sidewalk. You will not impress or deter the police with your perceived command over statutory or case law nor will it change the situation.
 
Considering that there was a well publicized story of a BC teen stabbed and slain on a metro Vancouver bus back in October, just a month ago, I would think you'd have a little more common sense about carrying a knife and drinking on the same transit system. I am confounded by your lack of sensitivity. All we need is another belligerent young drunk with a knife on transit...kudos to the police for protecting the rest of us.
 
Considering that there was a well publicized story of a BC teen stabbed and slain on a metro Vancouver bus back in October, just a month ago, I would think you'd have a little more common sense about carrying a knife and drinking on the same transit system. I am confounded by your lack of sensitivity. All we need is another belligerent young drunk with a knife on transit...kudos to the police for protecting the rest of us.

Hmmm...not sure what they were protecting you from....

What knife do you typically carry?
 
You were stopped and cited for open container and the officer took your knife away to ensure his safety and the safety of his partner during the course of your detention. He's giving you the opportunity to get it back, so I would take it and be grateful. Pay the fine for the booze and go pick up your knife when it's available. I will also give you a little tip, arguing the legalities of the situation is best reserved for an attorney in a courtroom and not by you on the sidewalk. You will not impress or deter the police with your perceived command over statutory or case law nor will it change the situation.

This ^.
 
(( Watch your mouth! )) When carrying a knife, try to stay legal.
 
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What knife do you typically carry?

This folder is in my work pack. I use it often for opening boxes of supplies.
271078_231894830174192_100000610317901_787394_5552825_n.jpg
 
You were stopped and cited for open container and the officer took your knife away to ensure his safety and the safety of his partner during the course of your detention. He's giving you the opportunity to get it back, so I would take it and be grateful. Pay the fine for the booze and go pick up your knife when it's available. I will also give you a little tip, arguing the legalities of the situation is best reserved for an attorney in a courtroom and not by you on the sidewalk. You will not impress or deter the police with your perceived command over statutory or case law nor will it change the situation.
2nd. Sounds like you were dealing with a nice guy to me. Trying to argue legal points with many cops would make the conversation go south very quickly. Especially after doing something you admit was illegal.
 
You were stopped and cited for open container and the officer took your knife away to ensure his safety and the safety of his partner during the course of your detention. He's giving you the opportunity to get it back, so I would take it and be grateful. Pay the fine for the booze and go pick up your knife when it's available. I will also give you a little tip, arguing the legalities of the situation is best reserved for an attorney in a courtroom and not by you on the sidewalk. You will not impress or deter the police with your perceived command over statutory or case law nor will it change the situation.

+3 to this statement. You are lucky to be getting the knife back at all. You drew attention to yourself with an illegal act. Your "politeness" did not excuse or mitigate the situation. Do yourself and your friends a favor, drink at home or in a bar. Oh, and welcome to Bladeforums.
 
What he said...

I drink at home. I can carry what I want. Drinks are cheaper. (( rules violation ))
 
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On one hand, I feel that everything you were allegedly doing should have been legal. I see no real crime or maliciousness your purported actions.

On the other hand, we all know better.:rolleyes:

If you are drinking in public, and that is illegal where you live, they are going to get you with everything they have. It sounds like they left you a little lenience, probably due to your being kind and calm during the confrontation.:thumbup:
 
I probably would have done the same if I was the cop......and I'm a knife guy! Really can you blame him for taking the knife from someone drinking in public?
 
Also... if this is your idea of being hassled by The Powers That Be, then you ain't seen nothing yet.
 
Also... if this is your idea of being hassled by The Powers That Be, then you ain't seen nothing yet.

Totally agree! I've been harrassed for doing ALOT less in the states! And when I say alot less.....I mean nothing even close to illegal! Consider yourself lucky!
 
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