Man carrying folder gets arrested

ErikGr7 · June 28th, 2009, 08:23 AM

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

Quote:

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?

crzy4guns · June 28th, 2009, 08:55 AM

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.

ccw9mm · June 28th, 2009, 08:56 AM

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.

ErikGr7 · June 28th, 2009, 09:05 AM

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

ccw9mm · June 28th, 2009, 09:15 AM

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:

Quote:

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.

Quote:

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.

Tombstone55 · June 28th, 2009, 09:23 AM

what is the world coming to?

Jmac00 · June 28th, 2009, 10:26 AM

Quote:

Originally Posted by ErikGr7

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.

Hopyard · June 28th, 2009, 10:41 AM

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.

United93 · June 28th, 2009, 10:42 AM

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?

Jmac00 · June 28th, 2009, 10:52 AM

Quote:

Originally Posted by Hopyard

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

June 28th, 2009, 08:55 AM	#2
crzy4guns VIP Member Join Date: Oct 2007 Location: Kansas Posts: 2,263	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. __________________ Kick the bums out of congress. Vote in 2010!

June 28th, 2009, 08:56 AM	#3
ccw9mm VIP Member Join Date: Jul 2006 Location: Oregon USA Posts: 8,267	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. Explain: How does disarming victims reduce the number of victims? Deal with evil through strength. Affirm the good in Man through trust. NRA. GOA. OFF.

June 28th, 2009, 09:05 AM	#4
ErikGr7 Senior Member Join Date: Dec 2008 Location: Atlanta Posts: 1,028	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 __________________ 110% Gun nut here

Thread Tools
Show Printable Version Email this Page
Display Modes
Linear Mode Switch to Hybrid Mode Switch to Threaded Mode

June 28th, 2009, 09:23 AM	#6
Tombstone55 Member Join Date: May 2009 Location: Paradise Posts: 144	what is the world coming to?

June 28th, 2009, 10:41 AM	#8
Hopyard VIP Member Join Date: Jun 2006 Location: College Station Posts: 2,754	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.

June 28th, 2009, 10:42 AM	#9
United93 Ex Member Join Date: Aug 2008 Location: Maine Posts: 912	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?