Stopped by Police With EDC?

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JSMcustoms

JSMcustoms

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This is something I hope never comes up. But the question still remains how to handle it if stopped by the police while having a knife on you. To me the answer is 'no' when asked if I have any weapons. Because in my case the knife I EDC (an Emerson Mini Commander) isn't a weapon, but a tool. Is saying that I don't have a weapon, but disclosing that I have a knife on me the way to go about it? Or are there better ways to handle this situation?
 
Do NOT parse words with an LEO. Full disclosure would be your best course of action IMO. He is not interested in discussing the semantics of "weapon vs. tool" with you. He has a job to do and anything you can do to help him do it will only go in your favor and get you on your way much quicker.

Of course, I am not a lawyer and don't pretend to give legal advice in any way.

EDIT: And don't just whip the knife out and try to show it to him. The best way to handle it (again, in my non-lawyer opinion) would be to keep your hands visible and say, "Yes Sir, I have a knife in my right front pocket. How would you like me to proceed?"
 
Ah, lying to the real Police could bite you. You don't have to volunteer information however I'd suggest telling an officer who asks if you have any weapons that a reply of "No, but I do have a POCKET knife" is the correct response.

Best.
 
Unk said:
Ah, lying to the real Police could bite you. You don't have to volunteer information however I'd suggest telling an officer who asks if you have any weapons that a reply of "No, but I do have a POCKET knife" is the correct response.

Best.
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That's what I was thinking as straight up referring to the knife as a 'weapon' makes it sound like my intent is to use it as such. And that couldn't be further than the truth.

addylo said:
Do NOT parse words with an LEO. Full disclosure would be your best course of action IMO. He is not interested in discussing the semantics of "weapon vs. tool" with you. He has a job to do and anything you can do to help him do it will only go in your favor and get you on your way much quicker.

Of course, I am not a lawyer and don't pretend to give legal advice in any way.

EDIT: And don't just whip the knife out and try to show it to him. The best way to handle it (again, in my non-lawyer opinion) would be to keep your hands visible and say, "Yes Sir, I have a knife in my right front pocket. How would you like me to proceed?"
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I'd be more willing to let the officer remove it from my pocket. That seems like a good way to avoid said officer from 'jumping the gun' so to speak.

jaymeister99 said:
I agree on this one. Be upfront and honest, and very polite and courteous.
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Respect and politeness is a given. I have nothing but respect for any form of law officer.
 
I live in chapel hill n.c. I haven't been stopped yet for any violation. I don't know if it's standard procedure fore them to ask if I have any weapons, if they did I would say no, but I have a folding knife in my front pocket that is Visible.
 
Don't say no to the weapon's question, simply inform him you are carrying a "pocket knife". Don't play around with any "no weapon but a tool" bull crap, just be polite, upfront and do not reach for it. Unless you've really screwed up he probabily won't even take it from you as long as you leave it be, now going in handcuffs and yea you're loosing it.

Now if its informal and he doesn't ask if I have any weapons then I keep my mouth shut (and again don't reach for it). Also if its a random encounter and not a stop/police situation most police that I've dealt with are very much into knives and gear and might even want to see your Emerson if the subject gets brought up.
 
Unk said:
I'd suggest telling an officer who asks if you have any weapons that a reply of "No, but I do have a POCKET knife" is the correct response.Best.
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I like that response better.

The main thing is, don't be put in a position where he thinks you lied to him, or even fudged.
 
addylo said:
Do NOT parse words with an LEO. Full disclosure would be your best course of action IMO. He is not interested in discussing the semantics of "weapon vs. tool" with you. He has a job to do and anything you can do to help him do it will only go in your favor and get you on your way much quicker.
Of course, I am not a lawyer and don't pretend to give legal advice in any way.

EDIT: And don't just whip the knife out and try to show it to him. The best way to handle it (again, in my non-lawyer opinion) would be to keep your hands visible and say, "Yes Sir, I have a knife in my right front pocket. How would you like me to proceed?"
Click to expand...

^^^^^^^^
This is the best thing to do and say. Trust me on this one.
 
I am a retired LEO from NC. Definitely answer honestly as a tool not a weapon. NC law says folding blades under 4 inches are legal carried concealed. You never know how educated the officer is but you should not have a major problem just having it in your pocket. If the LEO wants to see it, he will tell you if he needs your assistance for recovery. This information is statewide law but I never argue with LEO's without a lawyer present...Herb
 
Just from my experience, tell them calmly upfront. Mine was legal to carry and I had no problems, even got it back. Don't be rude, don't argue, you won't win.
People who get rude get treated poorly.
 
If I were ever stopped it would not be the knife (or knives) I would be concerned with. My first action will be to hand him my conceal carry license (and DL). He'll be more interested in what else I'm carrying. He's going to find out when he does the background check anyway so why hide it? LEOs can generally relax a bit when dealing with CCWs since they know this person has had background checks and is (generally) clean.
 
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Texas law sees no difference between concealed and openly carried knives. If it's legal, it's legal to carry concealed.

I keep a copy of Texas' knife laws on my Kindle, which is always on me.
 
Unk said:
Ah, lying to the real Police could bite you. You don't have to volunteer information however I'd suggest telling an officer who asks if you have any weapons that a reply of "No, but I do have a POCKET knife" is the correct response.

Best.
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This. Know your own laws.

I happen to be a criminal defense attorney who sees this a lot. Officers often don't even know their own laws, literally. They will make a criminal citation where none is warranted, believing they know the law.

I happen to be in WA where the knife laws are vague. There is no set length that allows you to know you are safe. I see constant reports where pocket knives are not charged.

They do like to charge for "spring knife" when the knife is actually an assisted knife. I have the prosecutors trained now, on what that means. Used to be I had to show them the federal import statutes, and convince them to dismiss. Now, the WA statute mirrors the federal statute and specifically exempts assisted knives from being considered spring knives or switch blades. However, the rule actually will protect anyone carrying a knife that has a "bias toward closure" meaning that knives that an officer might be able to flip open with a hard flip and wrist action will not be a gravity knife any more as long as it has a force keeping it closed that has to be overcome.

There is a catch all in the statute, concealing any object apparently capable of producing serious bodily harm. There is argument that this is unconstitutionally vague, but I have seen it charged, prosecuted, and a finding of guilty imposed enough to advise against it. (for people who think that carrying a hammer under their coat in a sheath, or a large screw driver, etc concealed.

Where I am at, there is also a way for officers to charge you if it is not concealed, if it is a weapon carried in a manner that would cause a reasonable person to be alarmed (IE, it is legal to carry firearms openly, but you may be stopped and charged if some one freaks out. Same for a knife on your belt).

Typically you are ok, if you are not up to no good. A gentleman was walking around Walmart here locally with his pistol on his belt, and no one paid him any mind. If he had been acting strange, or shifty, it might not have been the same story.
 
If you educate yourself on your local laws, and you follow them; there's no reason to have to find ways around simple questions. Also, read up on your county laws if you haven't yet. They can be completely different from state laws, and will supersede them in the event you are caught in a legal dispute.
 
To be honest, I stopped being polite a long time ago to LEO.

im short answered and rude, they are the same.

but anyways, id answer 'no, but I have a pocket knife' like someone else said.
 
Why would law enforcement ask if you had a weapon?

I know. There are a lot of law enforcement folks here. But, you get pulled over, for speeding say. Why would you get asked? And i'll tell you this, if you didn't know. They are not looking for a pocket knife. So, yea. Give up your rights. Open your mouth. Hell, just let them search your car. Why not? You don't have anything to hide. Right? Hell, let them look up your ass like they did to that guy in Arizona a couple of weeks ago. It's ok. It's for the children. Or something. I could go on and get into a good rant. But, I'm not. Yet. Here's an idea. Why don't we follow the damn Constitution of the United States?
 
LEO: "Do you have any drugs, weapons, explosives, needles, WMDs, artillery,or anything else I need to know about on you?"

Me: "I don't have anything illegal on me but there is a pocket knife in my right front pocket, a multi-tool with a blade in my left front pocket, a .45 inside my waistband at 4 o'clock, and a small aircraft carrier tucked into my left sock. Also I sharted when you approached me. It was unintentional and non-combative, I swear."
 
Is your EDC legal? If so, just tell the officer you've got a knife if he needs to search you or asks if you're carrying a weapon.

Even in my country, where the police is just another organized crime syndicate, keeping a low profile and answering questions respectfully but firmly has worked out well for me so far. Know your rights, know your laws and remain calm. If there's any sort of disagreement, ask for everything in writing (this might not apply in certain places). Read your local laws or, better yet, have a cup of coffee with a good lawyer and have him explain everything. It'll be useful for things beyond your knife habit.

Oh, and carrying a big gun will help keep a LEO's attention away from your pocket knife. :)
 
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