My Knife Got Confiscated from Me

Nutty Knife Nut said:
you shouldn't even talk to cops unless you are being detained, if any cop walks up to me and tries to ask questions I ask them "am I being detained" , and if he says no then I don't have to answer any of his questions.
Click to expand...
Even if you are detained (a/k/a arrested), you should know the drill. Full name, legal address, date of birth and Social Security number is all the info that you legally have to provide when you are "booked". After that, shut up and lawyer up. Remember, anything you say can and will be used against you in a court of law.
 
czombie said:
Did u not even get his name or anything..?

He was in the wrong....i wouldnt just roll over.
Click to expand...

I would, and consider myself darned lucky. If the Op does as you guys say and contests this, I think (being a paranoid guy), the Agent, Cop, whatever, will not forget it, and sooner or later him or one of his buddies would "get" the poster for something or other. That's just the way it works. Forget it, and move on. That's my 2 cents worth, anyway.
 
Ossa1970 said:
Do I agree with every law on the books, NO. Do I enforce them, YES. That is my job and I do not let my personal biases influence me, that way everyone gets treated the same, that is the only way everyone gets treated fairly. If the D/A or a Judge/jury does not see it my way for lack of a better word, I do not take it personally. If a law gets overturned, or case law forces the way it is enforced that is the way I will enforce it.
Click to expand...

Amen brother "...without any mental reservations or purpose of evasion..."
 
Ossa1970 said:
What excuss? The law is very clearly written, here is the old Penal Code section 653k
Click to expand...
Indeed the law is clearly written. What acourvil is pointing out is that you either don't understand the knife or the law or both. You say
Ossa1970 said:
.......your knife is illegal if it opens by a flick of the wrist and does not have a mechanism to place resistance on the blade to keep it from opening.......
Click to expand...
The emphasis is mine. The law clearly excludes the knife in question. There is no requirement in the law for the resistance to keep it from opening. The knife is not illegal.
 
The thread was initiated based on an officer that "flips opens the Endura with his wrist and tells [KinJames] it's illegal to carry a knife in California if it can be opened just like the way he did," and then confiscated the knife and refused to provide a receipt. The knife in question is a lockback that "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." It is not illegal in California. Officers are not entitled to confiscate property without a legal reason or a receipt.

Your response appeared to be an attempt to justify what the officer did. If "Nothing really changed" in the law, why did you say "The law was recently changed and leaves it to the LEO to interpret its meaning" ? That certainly sounded like you were making an excuse for what appears to be inappropriate behavior by the officer.

And BTW, I passed the bar 31 years ago.
 
You must log in or register to reply here.
Back
Top