What would you do if a LEO tried to confiscate your "Legal" knife??

T

TheMartialWay

Joined
Jul 2, 1999
Messages
1,347
Here is the hypothetical situation: You get stopped for whatever reason(nothing serious though, say a minor traffic violation) The officer asks if you have any weapons on you. You inform him of your knife. He takes the knife and tells you it is illegal. You know that the knife is not illegal, what do you do?

Now I don't mean that the officer is lying but he might not know the law on this knife.

I would also like to hear from any LEOs on how they would handle the situation. Say you are not a knife nut and you were unsure of the law on the knife in question. If you were told by the individual that the knife was legal and maybe he even explans to you exactly what the knife laws are in your area. What would you do??


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Louis Buccellato
http://www.themartialway.com
Knives, Weapons and equipment. Best prices anywhere.
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"only the paranoid will survive"
 
I would cry big time!
redface.gif


Then I would get a lawyer ... hey man, my DR XL Apogee was very expensive!

Mark
AKTI Member #A000003
 
I'm not a LEO, but I have a question: Would it be legally correct to mention your knife when the officer asks if you have any weapons on you? If it's a folder, for instance, and well within the legal limit for that area, would you mention it?

-Greg
 
If it was an inexpensive, easy to replace knife, I would simply state my case for why I thought it was OK and let it go if he insisted. The officer and I both have better things to do than waste time and energy on the issue. If the knife was "special" I would explain why I was really attached to the knife and would ask how I could go down to the station to petition for its return. I wouldn't be talking lawyer stuff at this point. For a really valuable knife where I was clearly within the law, I'd apologize, but ask for badge number and a copy of the report and file a complaint for illegal seizure.
 
Hey Guys...

Ask for a receipt and tell him you'll be claimimg it later...

ttyle Eric...

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Eric E. Noeldechen
On/Scene Tactical
http://www.mnsi.net/~nbtnoel
Custom made, High Quality
Concealex Sheaths and Tool Holsters
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Gentlemen, Please remember when dealing with LEO's that knives in your vehicle or on your person are either tools or sporting goods and never weapons.
wink.gif


chet
 
I have this ingenious plan. I'll kick, scream, bite, and make a huge fuss until he has to start beating me with his baton. At that point, I will scream "police brutality" as loudly as I can, and everyone will listen to me because I'm a minority.
smile.gif
Isn't that an awesome plan?

-Chang the Asian Janitorial Apparatus
 
Hey Chang, what if he's the same nationality as you?
smile.gif


Brandon

PS: What are you crazy, I'd state that the knife was legal, and then smile as I gave it to him. Ask for a report, and argue with teh police station. Like these guys haven't got enough to worry about without me throwing a hissy fit over a weapon (no matter what we call it
smile.gif
!)



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I've got the schizophrenic blues
No I don't
Yes I do...
 
I would say yes sir and hand over the knife.Then ask the officer for a receipt.I have had to do this about 3 different times and each time I got the knife back immediatly. A friend of mine who didn't,went to the Sheriff's station to get a knife back and since there was no record of it being taken(nothing noted in the report),it wasn't returned. I have even had a couple LEOs tell me that's how they get their knife collections.If there is any question always get paper on it.I wouldn't start an arguement on the street with a cop.Always remain calm and you get better results.
 
If asked I would inform the Officer, "I have two knives on me, both legal, and that I never used either as a weapon." I would show him, and if they were confiscated, I would ask for a receipt while writing his Badge # down. This is one of the reasons my daily carry knives aren't expensive and can be easily replaced.

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"Will work 4 Knives!"
Homepage: http://albums.photopoint.com/j/AlbumList?u=254126
 
Everything Phil said except my everyday carry knife is an AFCK, and it's expensive to me. If I lost it I would cry
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If I was stopped for a traffic violation, and was asked if I had any weapons on me, I would say no (because I don't carry any weapons). Next question?

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iktomi
 
Given the above replies, I would probably say, "I don't have any weapons on me, but I have a folding knife in my pocket." IMHO, that would at least mean that I don't look to my folder as a weapon.

-Greg
 
I would step out of the car and get right in his FACE....j/k
I think Chet hit the nail on the head.
I never carry weapons.Weapons are usualy used for defending yourself....right?I`ve read in other threads,that is the last thing you tell a LEO your knife is for.My knifes are tools not weapons.Im not saying they cant be used as weapons....we all know they CAN.But if he asks me if I have any weapons in my car im telling him NO!

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Jay
Life is like a box of chocolates,never know what your gona git!
 
Since I'm such an intimidating figure
rolleyes.gif
(yeah right, only if your afraid of stickfigures)If they asked if I had any weapons on me I'd have to quote Johnny Cash " one fist is iron and the other ones steel, if the right don't get ya' then the left one will."
wink.gif
And then I might mention any POCKET or PEN knives, and MULTI PURPOSE TOOLS that I was carrying at the time. You need to use their politically correct names you know. I definitely wouldn't say ," well yeah I got me a frog sticker." Or maybe I would, no sense hiding that I'm a redneck, as far as I know thats not illegal yet.
If they decided to take it and I knew for a fact that it was legal. I would explain that it was legal and why. If they still took it, I would probably do some swearing and ask for a receipt/badge number. Then tell the idiot to go catch some real bad guys and leave me the hell alone.

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We got a five dollar fine for whining
We tell you before you come in
So if it ain't on your mind to have a good time
Y'all come back and see us again.- Chris LeDoux

[This message has been edited by Matt Shade (edited 05-15-2000).]
 
Brandon, it is very rare to have a cop of my nationality. I'm an US citizen Chutchinese (Chinese/Japanese/Dutch). I'm mostly Chinese. When I say Chinese, I mean the REAL ones (Republic of China on Taiwan), not the communist trash posing as Chinese. They aren't really Chinese. They are just red trash.
smile.gif
I'm actually only a little bit Japanese (1/8) and Dutch (1/32), but still...

-Chang the Asian Janitorial Apparatus
 
The question, "Do you have any weapons in your vehicle?" and similar questions are precisely worded for a police officer to gauge your response. If you say "yes," you have just affirmed that you regard your knife as a weapon. It is a trick question LEOs use all the time.

If your knife is legal, then answer, No." And leave it at that. You are perfectly within your rights. If the knife is subsequently asked about specifically, then be prepared to answer exactly how you use it as a tool.

Peace,

Brian.

~B.
 
OK. I am a LEO and I will give you my take. Anything can be a weapon. So I never ask if someone has any "weapons" in the car. I ask specifically if the person has any guns, knives, or anything else that could be used to hurt me. Like a baseball bat or something else that the person legitamately may have, but could still be used to injure me. What I do really depends on what they say. I dont try to "trick" anyone. I will never resort to trickery to jail someone, either I have charges or I dont. When it comes to knives I usually hold onto them until our encounter is over with and then I give them back (again dependinmg on the situation). For example, I had a suspicious person call at a convenient mart that had recently been robbed. I found the homeless gentleman beside the building. I asked if he had any guns, knives, needles, or anything else that could be a threat. He said he had a knife. The knife was under 4" so legal in TN. When I finished interviewing him I sat the knife on the payphone (about 5' away) and told him to retrieve it when I got in my car. If:
1. I didnt know if a knife was illegal and
2. I thought it was and
3. The person told me it was then
4. I would double check and make sure I was right.

Taking away someones liberty is a very serious thing. I make sure I am 100% right before I take such action. I know that some LEO's dont know as much law as we should. But in my experience, we know the law more than the average Joe. Anyway that is what I would do.

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Dennis Bible
 
Be truthful and treat the officer in the same manner you wish to be treated - LEO's are people too and respond well to this.

If the knife becomes and issue and is taken ask for a receipt on the spot and insist that the receipt accurately describe the knife taken. This will be given to you. If this is refused take the officers name and badge number (just ask for this - most depts are required by regulation to give this on request) so that you can follow up on gaining the return of your knife.

Seizure of someones possessions (non-contraband that is) is no different than theft unless policies are followed among which should be the issuance of a receipt for any non-contraband item taken.

The side of the road is NOT the place for legal arguments or abusive behavior on the part of the officer OR the citizen - you can research the legal issues and take proper actions down at the station house after the contact is over. This works best for everyone involved and keeps things civil and professional for all.

Kevin

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Kevin Pensinger
The EDGE Equipment
sales@theedgeequipment.com

Contact The EDGE for your custom cutlery needs!
 
i would ask him to look in his field manual that cops all have. i know the statute for him to look it up. in CT it is section 53-206. it states 4 inches or less cutting surface. i f he insisted i would want a recipt and his badge number. i would tell him that the knife is worth quite a lot and i will be coming down to the station to get it back.

commanders are pricy knives ya know.

all the above and call some cops i know and a state prosecutor that used to be one of my teachers. when the DA's office calls, people scurry around looking for cover.
 
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