Man carrying folder gets arrested

This is a discussion on Man carrying folder gets arrested within the Defensive Knives & Other Weapons forums, part of the Defensive Carry Discussions category; I got this off of another site. What do you all think about this? Friend Arrested... Help -------------------------------------------------------------------------------- I just got a phone call informing ...

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Thread: Man carrying folder gets arrested

  1. #1
    Senior Member Array ErikGr7's Avatar
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    Man carrying folder gets arrested

    I got this off of another site. What do you all think
    about this?

    Friend Arrested... Help

    --------------------------------------------------------------------------------

    I just got a phone call informing me that a friend was arrested for carrying his Spyderco Endura. Let me explain his background and situation...

    He is 27 years old, never arrested, never did drugs or alcohol. Does not have a concealed carry permit. Former U.S. Army Ranger with three combat tours in Iraq.

    He did not have a firearm on him at the time. He got pulled over at midnight for running a stop sign, and stopped immediately. He gave his DL, proof of insurance, and registration to the officer. He was asked to get out of the vehicle (before his information was ran) and the officer saw the pocket clip of the Endura. He handcuffed my friend, removed the knife and opened it, then told him that it was illegal because of the blade length and the fact that it was concealed. He says that even though the clip was visible, it was considered concealed because police are trained to look for things like that and the knife itself was in the pocket, thus it was concealed. My friend informed the officer that there is no blade length limit here (true) and the officer responded by saying he wasn't aware of that, so he had to go on what he knew. Thus, my friend was taken to county lock-up overnight for possession of a concealed weapon. He was bonded out this morning, and is wondering what to do about this charge. He is due to go to court soon, and doesn't have the funds to pay a lawyer for all of the legal work required to get out of this.

    Any advice?

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  3. #2
    VIP Member Array crzy4guns's Avatar
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    There are attorneys who will make arrangements for a payment plan, which would be my first choice. The second choice would be a court appointed attorney if your friend is currently unemployed. Court appointed attorneys are often fresh out of law school and do not have the court room experience of a veteran lawyer, so you can see why they would be my second choice. Regardless, tell your friend to fight this case. Carrying a knife that is legal and in a manner that is legal is not a crime! Keep us posted with his progress as I am sure there are many members here on DC who carry a pocket knife legally in the same manner.

    Sorry, it is early in the morning and I reread your OP more carefully and I see this was from another site. Just got my dander up glancing over it. Even if this wasn't your friend (a war veteran no less), my advice would still stand. I just hope that the person arrested did not threaten the officer or have contraband in plain view inside of his vehicle.
    God bless our troops!

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    VIP Member Array ccw9mm's Avatar
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    Where did this purportedly happen? What state, city?

    Some states have concealed weapon laws, which a knife surely is. Some have limits on the length, which the LEO's are claiming was violated. Some have limits on where you can carry, or whether it can be concealed. Interestingly, though, LEO's are claiming he's got a concealed weapon and yet they knew he had it because it wasn't concealed. Depending on the true circumstances and facts, he might or might not have a case for unlawful arrest. Seems, though, if it wasn't concealed or over-length and the state/city statutes support that, then he's got a case.

    What to do about financing a legal challenge? The tips offered above might be a good place to start.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
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    Senior Member Array ErikGr7's Avatar
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    It happened in Cincinnati, Ohio.

    He's not my friend but, just an article I found interesting
    on Blade Forums.

    Here's the link. You might have to register to read it.

    BladeForums.com

  6. #5
    VIP Member Array ccw9mm's Avatar
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    HandgunLaw.us might be a place to start, for the knife related statutes: US Knife Laws.

    From HandgunLaw.us: Ballistic Knife, Switchblade Knife, Spring blade Knife, Gravity Knife, or similar weapon are illegal. ;An ordinary pocket knife that is not possessed, carried or used as a weapon is not a "deadly weapon".

    Though, that doesn't say anything about restrictions on concealment in Ohio or Cincinnati .

    The referenced Ohio knife statues (from HandgunLaw.us):



    Some relevant portions of the statutes seem to be:

    ORC 2923.11
    (A) “Deadly weapon” means any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon.
    ORC 2923.12
    (A) No person shall knowingly carry or have, concealed on the person’s person or concealed ready at hand, any of the following:

    (1) A deadly weapon other than a handgun;

    (2) A handgun other than a dangerous ordnance;

    (3) A dangerous ordnance.
    Your best weapon is your brain. Don't leave home without it.
    Thoughts: Justifiable self defense (A.O.J.).
    Explain: How does disarming victims reduce the number of victims?
    Reason over Force: The Gun is Civilization (Marko Kloos).
    NRA, GOA, OFF, ACLDN.

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    Member Array Tombstone55's Avatar
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    what is the world coming to?

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    Senior Member Array Jmac00's Avatar
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    Quote Originally Posted by ErikGr7 View Post
    I got this off of another site. What do you all think
    about this?
    If he can read, I don't think he would need a lawyer.

    Copy the law that he has been charged with, Call the DA and say, I asked this case to be dismissed on the grounds that the law does not apply. The DA has the option to take this to court. If the DA decides to move to trial, THEN I would call an attorney.

    I think we are going to see more and more of these frivolous type charges simply because municipalities and broke and they are looking for ANY WAY to increase revenue.

    MY guess would be "they" will confiscate the knife (which they all ready have done) and there will be a fine.
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    I don't think this is about raising money.

    Something doesn't exactly sound right with the story. Usually drivers are left in their cars and not asked to step out while things are being run. At least that has been my very limited experience and also what I observe when I see others stopped.

    I've not idea what the knife laws are in Ohio or the city where this happened. The story has both a ring of overzealous action on the police side, or some unstated behavior on the driver's side of the equation that caused the officer to do what he did.

  10. #9
    Ex Member Array United93's Avatar
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    ORC 2923.12
    (A) No person shall knowingly carry or have, concealed on the person’s person or concealed ready at hand, any of the following:

    (1) A deadly weapon other than a handgun;

    (2) A handgun other than a dangerous ordnance;

    (3) A dangerous ordnance.

    So...if I remember my logic, that means that no deadly weapons are allowed at all, including handguns. Right?

  11. #10
    Senior Member Array Jmac00's Avatar
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    Quote Originally Posted by Hopyard View Post
    I don't think this is about raising money.

    Something doesn't exactly sound right with the story. Usually drivers are left in their cars and not asked to step out while things are being run. At least that has been my very limited experience and also what I observe when I see others stopped.

    I've not idea what the knife laws are in Ohio or the city where this happened. The story has both a ring of overzealous action on the police side, or some unstated behavior on the driver's side of the equation that caused the officer to do what he did.
    I would agree with your assessment that we don't have the whole story, but I do think that LE has been given the task of increasing revenue. By that I mean, they will be giving citations out for stuff they would otherwise "let slide"

    But thats just me
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  12. #11
    VIP Member Array Rob72's Avatar
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    IIRC, one of the Superior Courts in CA recently ruled that seeing a pocket clip was PC-grounds for search. Lots of "progressive" Depts. have taken this as free liscense.

    Unless the arrestee was gung-ho, his service experience should have prepped him well for "dealing with authority", and especially in Sincinatti I'd be more suspicious of the Depts. policy/officer's agenda than an "average" stop.

  13. #12
    Member Array earlthegoat2's Avatar
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    Ohio has Open Carry but just having the clip showing may be legal and may not be. Either way if he decided to fight it I bet they would just drop the charges. Accross the river in KY the law states that if the knife is clipped inside the pocket then it is being carried openly as long as a shirt is not over it. KY has extremely vague laws as well on the types of knives that can be carried. None of them are aggressively enforced from what I can tell though.

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    Even the best lawyer in the country was new at some point. Anyway, if the law clearly reads there is no blade length stipulation, then maybe he doesn’t need a 5k attorney. I do recall that knives are a sticky subject these days so and I have since dropped to a 3-inch Microtech.
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    VIP Member Array Tom G's Avatar
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    This is getting ridicules when you can be arrested for something like this. What are we turning into, Another England ?? I think the cop got carried away.

  16. #15
    Member Array V65magnafan's Avatar
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    In Ohio, does intent matter?

    If the accused had the knife only for slicing fruit, cartons, or the ends of cigars, it is not intended for use as a weapon.

    Just wondering.
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