NYC cops took my knife...

[Mr. Ouchie]

I actually asked one of the cops what they do with the items, if they got destroyed or auctioned off like the MTA does with stuff they find on the subway. He said he didn't actually know.

 

[hso]

You weren't charged for having a gravity knife. That's unsupported "commentary" from the first cop and hasn't hurt you.

You were charged for carrying a knife exposed to view, which is why the second cop told you that you would have been in compliance with the local law if it had been in your pocket without being clipped in the open.

This is a very important distinction. You should contact AKTI and/or KnifeRights and ask if their experience with NYC is that this statute applies to having your knife clipped to your pocket or not.

With luck they'll tell you that the cop overreached and that they can provide a letter that should get you off the hook.

If they can't give you some assurance that getting the charge dropped can be done with a letter to the authorities, appear in court and pay the fine. Do not expect to see your knife again, but be relieved that you're not facing a fight over a gravity knife charge and keep any future knives down in your pocket out of sight.

 

[Old Shooter]

I hope you'll reconsider, pbearperry, because you're missing out on a fine experience.

Been there, done that. You're not missing a thing. Expensive parking, rude people, overpriced everything.

Problem is the people in NYC don't know what it's like to live in the real world.

Pocket knife and you get a summons? And the people feel safer? Gimme a break!

 

[meytind]

Glad to hear it wasn't for Criminal Possession. That would have SUCKED. I suggest following hso's advice and contact an organization that deals with issues such as this, like the two hso listed. Once again, good luck.

I'm trying to move out of NYC myself. It all depends on whether or not I can get hired out of state. I recommend that one day you do the same. Voting on election day doesn't change this city because the majority of the millions living here disagree with me on issues I deem incredibly important. I'll vote with my tax dollars instead, and give them to a state that still has some semblance of freedom.

 

[Sebastian the Ibis]

Unfortunately, you were caught in the cross hairs of NYC's latest anti-crime campaign. Only following up and recording petty non-violent crimes which do not adversely effect their crime statistics.


http://www.villagevoice.com/2010-05-04/news/the-nypd-tapes-inside-bed-stuy-s-81st-precinct/

 

[The Highlander]

*** @ random searches?!

Since when did the NYPD become the Gestapo?

 

[Mr. Ouchie]

Hso - will do. The "threat" of being charged for a gravity knife is what bothered me the most, talk or not. It's certainly going to keep me from carrying a folding knife. It was definitely a mistake to have it clipped like I did.

Sebastian - funny that, because bed-sty was exactly where I was walking through.

 

[Sav .250]

Life ain`t like it use to be......!!

 

[Sebastian the Ibis]

Get a lawyer and have him fight it. You win these types of battles by hiring a local lawyer who knows the system and uses it to your advantage. i.e. he reschedules hearings to the arresting officers off day, he demands to inspect evidence which the PD has lost etc.

You are looking at a weapons charge. You don't want this on your record. Just think how bad this will be if you can not own firearms because the law changes - you will have already been adjudicated at that point and there is nothing to do.

GET A LAWYER!!! It will be much cheaper in the long run. If you absolutely have to go it alone, don't get rolled by the prosecutor and the judge. Demand a jury trial. The arresting officer must testify against you to obtain a conviction, and they often do not show up for trials on minor stuff like this. Don't assume you will be convicted.

You may be in a more serious situation than you realize.

 

[SleazyRider]

I'm curious with regard to the precise circumstances, Mr. Ouchie, in hopes of avoiding a similar situation. If you don't mind sharing specifics, were you alone or in a group? Were you walking down the street or in a public building? Day or night? Anything else germane to this incident? Not implying anything here, just curious.

 

[4thPointOfContact]

In NY state possession of a gravity knife is a misdemeanor. What does the piece of paper in your hand say? What law does it say you're accused of breaking? We already know that cop A either is a liar or doesn't know a gravity knife from his 3rd point of contact and that cop B is equally dim or dishonest so what they say is far less important than what the legal document says. Do you have the option of just paying the fine and not going before a judge? In other words, did the cop steal your knife and ticket you with the expectation that you're too busy to go to court and would just pay the $20 fine for having your knife stolen?

If you're going to court you should get some simple supporting evidence that this is a common pocketknife and that the officer simply misinterpreted the knife as a gravity knife since he was able after several tries to flick it open.

What make and model was the knife? There are a lot of Beretta folders out there.

His which point of contact?

As late as the early 1980’s in the US Airborne it was
1. Balls of the feet
2. Calf of the leg
3. Thigh
4. Buttocks
5. Push-up muscles (lats)


Back on topic, in NYC I'd carry in a pouch if I had a choice.

 

[FLAvalanche]

Seems the terrorists HAVE won...

 

[Guillermo]

a clip is not a knife

the knife was not exposed

filing a false arrest (or something close) lawsuit and a claim of a civil rights violation and this can go away.

You can do that yourself and pay no $

 

[Mr. Ouchie]

SleazyRider -- it was late morning, coming back from work, I was walking by myself down a high foot-traffic street which usually has quite a bit of police presence because of drug selling problems. They had one of their cop pods (the skyview mobile towers) there for a while, but it's gone now. In that area I stand out a bit because my skin is white and because of my hair (longish). Otherwise I'm clean cut. I actually asked them if they picked me for any reason (silly question really) and they said no, the first cop just saw the clip.

 

[SleazyRider]

Dang. That's scary stuff, Mr. Ouchie, and my thoughts and prayers are with you, sir.

 

[Limeyfellow]

Guillermo:
a clip is not a knife

the knife was not exposed

filing a false arrest (or something close) lawsuit and a claim of a civil rights violation and this can go away.

You can do that yourself and pay no $

They will say it was clearly a knife, which it was, and since the law is so shoddily written to say it doesn't matter if the blade can be seen or not, just as long as some bit of it could be seen you are pretty much screwed, unless you pull out say a pen clipped on there. They didn't commit a random search so the cops are going to get away with it. It sucks, but short of challenging the whole law in a supreme court and winning there not much can be done about it.

 

[swiftak]

Pbearperry, Those are pretty strong words coming from someone who lives in a hellhole like Massachusetts.

 

[hso]

coming back from work

What do you do for work?

 

[habeas]

Speaking as a lawyer: get a lawyer!

The following is from the NYPD website on obtaining a firearms license. I can only imagine that a conviction for this offense would be worse than a dismissal and may either put your current license in jeopardy or may harm your chances of getting one in the future if you are interested:

"Arrest Information: If you were ever arrested, indicted or summonsed for any reason, other than a parking violation, you must answer "Yes" to question #23 on the handgun license application and submit a certificate of disposition showing the offense and disposition. Also, you must submit a detailed, notarized statement describing the circumstances surrounding each arrest or summons. YOU MUST DO THIS EVEN IF: the case was dismissed, the record was sealed or the case was nullified by operation of law. The New York State Division of Criminal Justice Services will report to us every instance involving the criminal prosecution of an applicant. DO NOT rely on anyone's representation that you need not list a previous arrest or summons."

 

[hso]

habeas,

Welcome to THR and thanks.

 

[ChaoSS]

I just want to say, that while it isn't a bad idea to contact the groups suggested and talk to a lawyer, be prepared to be found guilty or to be advised to plead guilty and try to get the best deal possible.

From what I understand, it is pretty regular for NY police to bust people when they see the exposed pocket clip. As I understand it, you aren't going to get any court to side with you.

Again, don't just take my word for it and give up, do you own research and contact whomever you need to contact, just don't get your hopes up too high.


If you get a lawyer, find one who's good with working with technicalities. The police can bust almost anyone for some minor violation of the law because the law is so large and so many things are crimes. The upside to this is that it's not too uncommon for the police to not understand the law themselves, and make mistakes of their own that can get your case dismissed or at least get the charges dropped to something lesser.

 

[EMC45]

After you get a lawyer get a Uhaul! I grew up in NJ and this whole attitude is prevalent there too...I'm ok, you're ok rubbish. Touchy feely, and in everyone's business. I moved to Ga 16 years ago. 2 weeks after I graduated from high school! I guarantee your knife will be riding in the pocket of an NYC cop soon.....Because they can be trusted and you cannot.....

 

[Guillermo]

the naziesque jerks will say whatever they want

go on the offensive

sue them

use the race card

 

[SleazyRider]

I just want to say, that while it isn't a bad idea to contact the groups suggested and talk to a lawyer, be prepared to be found guilty or to be advised to plead guilty and try to get the best deal possible.

From what I understand, it is pretty regular for NY police to bust people when they see the exposed pocket clip. As I understand it, you aren't going to get any court to side with you.

Again, don't just take my word for it and give up, do you own research and contact whomever you need to contact, just don't get your hopes up too high.


If you get a lawyer, find one who's good with working with technicalities. The police can bust almost anyone for some minor violation of the law because the law is so large and so many things are crimes. The upside to this is that it's not too uncommon for the police to not understand the law themselves, and make mistakes of their own that can get your case dismissed or at least get the charges dropped to something lesser.

Maybe it's time, then, to start carrying our wallets on pocket clips, or maybe a mini-maglite, or even a shoehorn.

 

[VA27]

It's like I'm living in another country! About 20 years ago, a city council near here passed an ordinance prohibiting lock blade 'Buck' knives.

After the first ticket was issued, the citizens packed the next council meeting and let it be known that unemployment was in the offing for certain council members unless the ban was removed. It was.