Unintended "Gravity Knife"?

[tsiloics]

chp? they have a reputation similar to the utah highway patrol, some deserved, some not.

I think the '90 one was CHP; it's been a long time. It was not completely unreasonable - I just did not like the way the officer handled it. This was in long-hair mode, in the middle of a year-long road trip, living out of the car, so okay... you can imagine a slightly more volitile scene. But still, no illegal activity was taking place. Middle of the night, in out in the desert, NY tags in SoCal, driving slowly because we had 3 weeks' food and a ton of gear in the car (this was a climbing trip). An ambulance (on a call) passed us on the left. 2 lanes each way, no other cars. Sand right up to the shoulder. No effin' way I'm putting the car off the tarmac, because it would never have gotten back on. Cited for failure to yield ROW to emergency vehicle. He thought slow driving (probably 30 in a 40) = drunk, in spite of the fact I hadn't had a drink in over a year. So I ended up having to stand on one foot, dance around... all that fun stuff. He took it a little far, and we still got the FTY ticket.

The other one was CHP, and really pretty comical. Wish I'd had it on tape. They pulled (more like pushed) me over. Three patrol cars stopped. I was definitely in WTF mode. Out of the car, on the hood of the car in seconds. Then a low-flying helicopter comes over, some radio chatter, and everyone's gone. Whole episode took maybe 2 minutes. Lots of rubbernecking. Me: "uhhh... can I go now? Are shots going to be fired if I get bcak in the car?". Everyone else: Business as usual in sunny CA.

:thumbup:

See? There you have it - straight from the man. Don't act like a fool and you won't get treated like one.

 

[MORIMOTOM]

I think the '90 one was CHP; it's been a long time. It was not completely unreasonable - I just did not like the way the officer handled it. This was in long-hair mode, in the middle of a year-long road trip, living out of the car, so okay... you can imagine a slightly more volitile scene. But still, no illegal activity was taking place. Middle of the night, in out in the desert, NY tags in SoCal, driving slowly because we had 3 weeks' food and a ton of gear in the car (this was a climbing trip). An ambulance (on a call) passed us on the left. 2 lanes each way, no other cars. Sand right up to the shoulder. No effin' way I'm putting the car off the tarmac, because it would never have gotten back on. Cited for failure to yield ROW to emergency vehicle. He thought slow driving (probably 30 in a 40) = drunk, in spite of the fact I hadn't had a drink in over a year. So I ended up having to stand on one foot, dance around... all that fun stuff. He took it a little far, and we still got the FTY ticket.

it was probably chp given the area. their primary responsibility is traffic enforcement, so a stop without a ticket is viewed as a waste of time.

whereas traffic enforcement is only a small part of what i do, so i write very few traffic tickets relative to the number of stops i make.

The other one was CHP, and really pretty comical. Wish I'd had it on tape. They pulled (more like pushed) me over. Three patrol cars stopped. I was definitely in WTF mode. Out of the car, on the hood of the car in seconds. Then a low-flying helicopter comes over, some radio chatter, and everyone's gone. Whole episode took maybe 2 minutes. Lots of rubbernecking. Me: "uhhh... can I go now? Are shots going to be fired if I get bcak in the car?". Everyone else: Business as usual in sunny CA.

normally in these instances we try and at least dust the person off and apologize or have a sgt speak to them. but exigency does not always permit an explanation.

sucks, but at least you can laugh about it now.

See? There you have it - straight from the man. Don't act like a fool and you won't get treated like one.

pretty much sums it up, but some still don't like this reasoning.

oh well.


(op, sorry for the thread hijack)

 

[heavy_-j]

it appears that the thread has moved in a different direction than the OP....but im curious if a benchmade griptilian would be included in the "real" definition of a gravity knife? because mine is loose enough to simply hold upside down, and when i pull back the axis lock, it usually falls all the way open.....and of course, release the lock, and its locked closed! seems like it fits the 'push button, fall open, and lock' definition of a gravity knife....

 

[HJK]

Completely agree. But in the real world, everything does not go down according to the written rule of law. You ask mom if you can be a half hour late for dinner and you get one result. Just show up a half hour late and you get another. Show up late, apologize profusely, make a clear effort to get washed up quickly and sat down, and do the dishes without being asked - and you get a third.

If you just go through life playing by the rules and whining about what doesn't suit you, you miss out on a lot.

Agreed on both counts.

As you get older, you realize your luck will eventually run out.
Then again, maybe it is better to burn than to burn out.

 

[HJK]

it appears that the thread has moved in a different direction than the OP....but im curious if a benchmade griptilian would be included in the "real" definition of a gravity knife? because mine is loose enough to simply hold upside down, and when i pull back the axis lock, it usually falls all the way open.....and of course, release the lock, and its locked closed! seems like it fits the 'push button, fall open, and lock' definition of a gravity knife....

In Canada, the lock would prevent it from being legally considered a gravity knife - because you have to unlock it first and can't open it by gravity (inversion) or by "centrifugal" force, even through dextrous manipulation. But to the knife purist there is a different definition.

 

[HJK]

you cannot remove discretion from either police work or a judge's decision making process.

your rights do not depend on luck. one could argue that whether or not you are cited for a traffic violation (or any violation) depends partially on "luck", but without knowing the mindset of the officer who did not cite, or did not stop you, leaves out a key ingredient in determining the reason(s) for not enforcing a particular section.

on the surface, such an argument may seem reasonable. but do you really want every single violation enforced every time an offense is committed?

should i write tickets for every 9 year old riding a skateboard without a helmet?

or every driver who exceeds the speed limit by 1 mph?

I'm not questioning prosecutorial discretion or the common sense of an LEO.
Both are recognized necessities in the common law system, which are similar in the USA and Canada. Judicial discretion is also necessary.

But none of these can ever be arbitrary.
They have to be fair and according to certain principles. But subject to that, sure, you've got that completely right.

But not in relation to substantive rights
Nobody is going to exercise a discretion with regard to freedom of speech, or freedom of religion, or your right to vote.
My right to carry a knife that should be legal should not be subject to the State's discretion , whether the State appears in the form of a judge, a DA, cop, or the Pope.
The Pope is, of course in Italy.
The USA equivalent is Oprah, I guess.

Anyway, common sense in applying the law;
But tenacious fanaticism in defending rights.

 

[MORIMOTOM]

oprah = the pope?


isnt that a sign of the apocolypse?


i may have misunderstood your intent. i see your point now and i agree.