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Old September 26th, 2011, 03:55 AM #1
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A warning on carrying spring-assisted knives.

Hey yall,


I know a lot of us like the spring assisted knives - they are very useful tools. I use mine many times a day. Well, I used to, before I had it confiscated by the cops.

I was questioned by some cops for a matter unrelated to the knife. In the middle of having a conversation with a couple of Hagerstown PD officers, one of them proceeded to yank the knife right from out of my pocket. It was hanging inside it by the clip, you know, how they are designed to hang.

Upon discovering that the knife was of the spring-assisted variety, I was cuffed and perp-walked to jail. I've been charged with having a concealed deadly weapon and now have to waste money on defending myself against this bogus charge. To add insult to injury, I was told that I am not getting the knife back ($120 benchmade) because it's now evidence and will have to take it up with CLEO if I have a problem with it.

I guess these local yokels don't know that first of all, a just because one can be injured with a knife does not make it a weapon. Just because G. Gordon Liddy can kill you with a #2 pencil by sticking it thru your eye into your brain, does not make the pencil a deadly weapon. And of course they don't know that spring assisted knives are not illegal.


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Old September 26th, 2011, 04:02 AM #2
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Can anyone recommend a good lawyer that might go to Hagerstown?

I gotta defend myself against a concealed dangerous weapon charge for having a pocket knife. Is something really concealed if it can been seen from a distance, without performing a search? See knife forum if you care.

Anyway, does anyone know a good lawyer that might go to Washington county?

Thanks.
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Old September 26th, 2011, 04:07 AM #3
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Wow...

I hope everything works out for you. On the bright side I think that the "yanking out of your pocket thing" is an illegal search. I'm not sure about that however... Best of luck!
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Old September 26th, 2011, 04:11 AM #4
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What model Benchmade & do you have a picture? Was it truly a spring-assisted knife or was it an automatic knife? If you know that you're going to be speaking with any LEO, it makes good sense to empty your pockets beforehand of anything they might possibly find objectionable as many will want to pat you down "for their protection". I have been patted down prior to questioning before for no reason other than being out late at night...and I don't even look like a hoodlum.
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Old September 26th, 2011, 04:20 AM #5
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I always take knives away from people all the time. I mean I give them the knives back at the conclusion of my investigaton but thats if they aren't coming with me and no crime has been committed.

Did you check the local hagerstown laws there might be one in there about the weapon due to the way it was carried, size, or myabe it was the assisted opening.

I do agree however that sucks, I always have a knife......hahaha then again a lot of the times I have a gun.

Usually for that charge to stick there has to be some sort of time/place/circumstances surrounding the reason for carrying the knife. I understand not wanting to tell us the "unrelated matter" but I am assuming the "unrelated matter" could have lead up to the CDW charge. But then again just a guess from what I read since I wasn't there.

Hope everything works out for the better!
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Old September 26th, 2011, 04:21 AM #6
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Quote:
Originally Posted by llkoolkeg View Post
What model Benchmade & do you have a picture? Was it truly a spring-assisted knife or was it an automatic knife? If you know that you're going to be speaking with any LEO, it makes good sense to empty your pockets beforehand of anything they might possibly find objectionable as many will want to pat you down "for their protection". I have been patted down prior to questioning before for no reason other than being out late at night...and I don't even look like a hoodlum.
hoodlum!!
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Old September 26th, 2011, 04:51 AM #7
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hoodlum!!
Ssssssssshhhh...you almost woke up my wife and spilled the beans!
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Old September 26th, 2011, 04:55 AM #8
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Not trying to stir up stuff,,, but what does this do to firearm ownership? I assume if convicted,, guns go bye-bye?

I wish you the best of luck!! Keep us informed.

Is a Leatherman in a sheath a CDW?

Tom
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Old September 26th, 2011, 05:10 AM #9
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laws like that are generally local in nature. In D.C. you can have a knife but if you have a knife during any sort of crime it can be considered "while armed". You can be panhandeling and if you have a pocket knife you can be charged with "panhandeling while armed" (no one ever does it and the courts would never prosecute but techinically you could). There are also other charges for having a knife event without the intent to use it as a weapon but they are time/place/circumstance related and take a lot of articulation and PC to get prosecuted.

Again buzzzy I don't know what the circumstances were but if you had my guess, it's something in regards to the unrelated matter. As police 99% of us carry knives with us. Hell I have one clipped to the cargo pocket of my BDU and one in my boot (total rambo I know) right now. There has to be more to this story than what we are being told. And thats fine I completly understand privacy I don't let you guys know that I own and LOVE my CZ 75b in .40, or that the moive John Q ALMOST made me sad, or that I may or may not carry a pink pen with me when I work...........crap did I just admit that.......
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Old September 26th, 2011, 07:30 AM #10
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Quote:
Originally Posted by mpdc4511 View Post
that I may or may not carry a pink pen with me when I work...........crap did I just admit that.......

LOL I knew you were a pinko!

Buzzy I carry a spring assisted knife at all times. Please keep us in the loop.
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