Rob72

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.

earlthegoat2

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.

Saber

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.
Regards,

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Tom G

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.

V65magnafan

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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MitchellCT

Exactly what was he doing that attracted the cops attention?

Cops don't go round busting people for pocket clips, so what precipitated the encounter?

RE: His course of action - Get a public defender. They know what they are doing and will be able to solve this case for him relatively easily - PROVIDED the case is cut and dry.

If it isn't...he's got some explaining to do.

ccw9mm

Yes. We are. Where folks allow it to become law that stands, yes we are.

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Adamcop84

Worst come to worst couldn't he get a public defender? That's bogus, wish the best for your friend keep us informed.

Bob O

Weapons laws can be tricky, they can be very different from state to state and also from municipality to municipality.

Some states have full preemption, which means that the state law trumps any municipal law. Some states don't have preemption or only have partial preemption.

I don't know about Ohio, but as an example, a state that has no preemption could allow a concealed knife with a 6" blade by state law, but the town you're in may have a dumb law that only allows blades under 1". This could be the problem in the situation that started this thread.

Bobo

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steyrsdad

knives are tools inless used other wise

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