Worst nightmare came true: PD confiscated my ParaMilitary..

Discuss Spyderco's products and history.
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tortoise
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#121

Post by tortoise »

merciful wrote:Fortunately for the OP, he was indeed carrying his knife home from work, where he uses it.
Actually he said that he wasn't.
GarageBoy wrote:"...I say, it's a tool, I work at the Army Navy store (which I do, but I didn't go today) ...
-Not taking a side, just trying to keep the facts straight in this very winding thread.
merciful
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#122

Post by merciful »

Right you are, I remember that now.

Good thing he was on his way home from his picnic lunch, though.
Those who give up their freedom for safety will soon find that they have neither.[SIZE="-1"][/size]
flyguy
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#123

Post by flyguy »

merciful wrote:Good thing he was on his way home from his picnic lunch, though.
Might have been a good thing to say at the time (possibly). However, I'm sure the cop wrote down all the details related to the event. Walking into court months after the fact and saying, "I was on my way home from a picnic" might get him into bigger trouble... Depending on the report the cop wrote.

Outside of either contacting the DA's office prior to the date and/or contacting a lawyer, I think the original poster is best to take the honesty approach.
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Bolster
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#124

Post by Bolster »

After reading Dano's recent posting of NY knife law, I'm thinking this calls for the renaming of several Spydercos...which first?
Formerly the ___, now it's the ___:

a. Large Persian; The Peaceful Employment Knife.
b. Chinook; The Girl Scout Knife (in pink G-10)
c. Ayoob; The Happy Picknicker (with Matching Spoon)
d. Yojimbo; The Cardboard Recycler.
e. Civilian; The Li'l Fruit Slicer.
f. Manix; The Global Cooler.

I'm thinking "Ocelot" style handles with a Poodle motif, or perhaps dancing teddy bears. Definitely Yogi & Booboo on the Happy Picknicker.
Steel novice who self-identifies as a steel expert. Proud M.N.O.S.D. member 0003. Spydie Steels: 4V, 15V, 20CV, AEB-L, AUS6, Cru-Wear, HAP40, K294, K390, M4, Magnacut, S110V, S30V, S35VN, S45VN, SPY27, SRS13, T15, VG10, XHP, ZWear, ZDP189
flyguy
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#125

Post by flyguy »

[quote="Bolstermanic"]I'm thinking this calls for the renaming of several Spydercos...which first?
Formerly the ___, now it's the ___:

a. Large Persian]

It isn't the "Ocelot", it is the "High Performance Tape Seperator". :D
merciful
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#126

Post by merciful »

Yeah, you're right, of course: I was joking (a little, anyway.)

Situations like this are what make me remember my assertion that it's almost never a good day if you've been interacting with a policeman. That's certainly not a suggestion that all police are bad, at all: but that either 1) something bad has happened, and a police presence has been required to help sort it out; or 2) you've done something (minor or major) that's attracted attention.

If laws weren't written to regulate so many minor aspects of life (like carrying a little knife) then some of 2) would be minimised.
flyguy wrote:Might have been a good thing to say at the time (possibly). However, I'm sure the cop wrote down all the details related to the event. Walking into court months after the fact and saying, "I was on my way home from a picnic" might get him into bigger trouble... Depending on the report the cop wrote.

Outside of either contacting the DA's office prior to the date and/or contacting a lawyer, I think the original poster is best to take the honesty approach.
Those who give up their freedom for safety will soon find that they have neither.[SIZE="-1"][/size]
Fozzy
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#127

Post by Fozzy »

Xplo wrote:No, we have no idea what the officers felt. We only know what the OP said they did.
Actually, I do have an idea what the officers 'felt.' Let me choose a bigger word. The officers 'determined' that there was a violation. I can back this up: The officers seized the knife and issued a summons. Police action is not always popular. I, and most of my colleagues understand this. If I 'feel' that there is probable cause to believe that a violation has been committed, then I have enforcement options within the limits of the law. Believe it or not, police are reflective of the community they serve. As do we all, some officers have strong feelings about certain violations- Just as you or I may have strong feelings about say... Broccoli.
Xplo wrote:Knowing this, you should be more careful about throwing around phrases like "there's your violation". If the law is not clear, then one can not be said to clearly break it.
The law is actually quite specific. Notwithstanding that, people on this very forum disagree on what constitutes a gravity knife. My conclusion after reading the relevant NYC code is that it need not be a gravity knife in order to be a violation. YMMV. If the speed limit sign says "35 mph" and the car's speed is 60 mph, 'there's your violation.' It's a go/no-go situation.
Xplo wrote:The OP left his house with it and came back without it. What part do you need explained?
I guess I'm a little simple minded. You skipped over the whole middle part where after leaving his house, and before returning to it, there was an encounter with police]Most people here consider it wrong to be deprived of their possessions by threat of force, yes.[/QUOTE]

You describe a robbery. I see it as a person being deprived of alleged contraband by the executive branch of the government based upon an allegation of a crime. But that's just me. If by "...threat of force." you are refering to the threat of an in-custody arrest, that's really irrelevant. The knife was seized as evidence. It was going to be seized whether there was an in-custody arrest or not.

If you're in NYC, keep your knife out of sight!
Ben "No good deed goes unpunished"
Fozzy
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#128

Post by Fozzy »

guntotin_fool wrote:Fozzy, your state has LAWS against the Constitution of the UNITED STATES OF AMERICA and you work to enforce those laws.

I was born in Massachusetts. I used to own property on the Cape and in the berkshires, I sold it all, WHY? because as a land owner and tax payer I was DENIED my Civil Rights by the State.

I can not travel conveniently in the State because I am forced to give up my arms, even though I have never committed a crime and never been arrested. I used to drive from my current home to visit cousins in Massachusetts and then drive up to Maine to go hunting. To do so now, I risk a 5 year automatic jail term for carrying my guns.

Your State routinely violates Article IV, section 1 of the US Constitution. Which states "Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect there of."

In other words, MY state grants me the right to drive a car, exercise my marital rights and the RIGHT to carry a firearm. All legal and Constitutional, your state Denies me that right.

I have dealt with NYC and will never go there again, MY professional Association voted last year to stay away from NY and Mass and a few others as they have decided they are above the Constitution of the United States of America.

I do not post on here a lot, but when I read stuff defending police state activities, unreasonable searches, and seizures of property without compensation or cause, I get really annoyed at the pontificating that goes on to justify it.

Your state was started on the basis of freedom from an unreasonable Government. You have far surpassed the levels that led to the first Revolution.
This post contains so much erroneous information that I don't even know where to start.

The respective states, within the limits of the constitution, may make suitable laws and regulations. Some of which conflict with the laws of other states. It's legal]by force[/I] would be a crime in every state I can think of. It is a privilige and not a right.

You are not forced to give up your arms in Massachusetts. If you are traveling through the state to hunt or to participate in a competition, you may do so with your firearms, subject to certain restrictions. Massachusetts has somewhat strict firearms laws. But much less strict than New York or New Jersey and others. Try carrying a firearm in the District of Columbia. There is NO state where you can not carry a firearm. The states have regulatory rights. There are a number of criminal convictions which could make an individual a 'Federally Prohibited Person.' Such person would be forbidden for life from carrying, owning or possessing any firearm or ammunition transported in interstate commerce.

Please give me an example of how Massachusetts 'routinely violates' Art. 4 of the U.S. Constitution. You don't mention which state you're from, but I can pretty much guarantee you that the Massachusetts Constitution is much more restrictive on law enforcement and other government action than your state is.

What is your professional association? Specifically why did they decide to stay away from Mass. and N.Y.? Just curious.

If Massachusetts had laws contrary the U.S. Constitution, I have a feeling we'd have heard about it from the U.S. Supreme Court by now.

"guntotin_fool"... That pretty much sums it up I guess. :rolleyes:
Ben "No good deed goes unpunished"
Xplo
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#129

Post by Xplo »

Fozzy wrote:You describe a robbery. I see it as a person being deprived of alleged contraband by the executive branch of the government based upon an allegation of a crime.
How convenient for you. Having a government mandate to commit crimes must make it easy to sleep at night. It's almost like you're a good guy!
If by "...threat of force." you are refering to the threat of an in-custody arrest, that's really irrelevant.
It's not irrelevant at all. The only reason a lot of people don't tell you guys to go **** yourselves boils down to threat of force. If a guy with half a dozen weapons and a hundred similarly-armed friends decided to stop you on the street, harass you, search you, handcuff you, rob you, etc, maybe you'd understand WHY the public doesn't always appreciate you.

The OP did nothing wrong. I'm not going to argue that with you, because it's a fact. Now he's been intimidated, had his property taken, his time wasted, and he'll have to waste more of his time begging someone to give him his rightful property back (not to mention avoiding fines or other punitive measures). The only way this can end justly is for the judge to apologize, return his property, and compensate him for his trouble, and we KNOW that's not gonna happen.
If you're in NYC, keep your knife out of sight!
More like, if you're in NYC, get the **** out, and pray you don't get stopped by some sanctimonious thug on the way.
GarageBoy
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#130

Post by GarageBoy »

Okay guys, I think this has strayed a bit far from the original problem at hand. Imma contact a lawyer or something and try to settle myself anxiety wise
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Bolster
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#131

Post by Bolster »

GarageBoy wrote:Okay guys, I think this has strayed a bit far from the original problem at hand. Imma contact a lawyer or something and try to settle myself anxiety wise
You're on the right path, Garage. In my experience, speaking to an attorney helps you relax and refocus, because (1) you know you've done your "due diligence" to help yourself, and (2) you now have someone who's on your side--if you're lucky, like I've been, someone smart and tenacious. People who have never been in a scrape probably don't understand this. Sorry to say, I do. No, I don't want to talk about it, but that's why I keep checking in with ya, urging you to contact an attorney. You'll be OK, Garage. Just get it past you. You'd be amazed how many of us have had to "lawyer up" at some point in our lives. It'll be a small, small thing in your rear view mirror soon enough.
Steel novice who self-identifies as a steel expert. Proud M.N.O.S.D. member 0003. Spydie Steels: 4V, 15V, 20CV, AEB-L, AUS6, Cru-Wear, HAP40, K294, K390, M4, Magnacut, S110V, S30V, S35VN, S45VN, SPY27, SRS13, T15, VG10, XHP, ZWear, ZDP189
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The Mastiff
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#132

Post by The Mastiff »

Sometimes a lawyer is only good for advice, sometimes, you need more. The locals should know about local laws, judges, wether it can be pled down and things that none of us from outside, no matter what our occupation, can really do or know.

Stress is hard to get away from. All you can really do is to take care of yourself untill things settle, which they will. As Bolster stated this will be in your rearview mirror soon. Untill then, eat well, excercise, sleep normally and find something to do when you start to over think or worry.

Life is full of ups and downs. It certainly won't be your last stressfull experience in life. I'm pretty sure you will also find the happy times, the fun times and the quiet times as well. Such is life. :) Joe
"A Mastiff is to a dog what a Lion is to a housecat. He stands alone and all others sink before him. His courage does not exceed temper and generosity, and in attachment he equals the kindest of his race" Cynographia Britannic 1800


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#133

Post by cornelis »

GarageBoy wrote:Okay guys, I think this has strayed a bit far from the original problem at hand. Imma contact a lawyer or something and try to settle myself anxiety wise
You're right, This has little to do with your original problem.
This is some kind of semantic discussion between some people,
who are trying to convince each other that their point of view
is the only right one.
AUDACIA MAGIA EST
merciful
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#134

Post by merciful »

Xplo wrote:
The OP did nothing wrong. I'm not going to argue that with you, because it's a fact.
Exactly: he did nothing that is morally wrong. Walking around with a knife in one's pocket isn't harmful to anyone's person or property. But now we're getting into issues of malum prohibitum v. malum in se (picked those up from my man G. Gordon Liddy when I lived in VA in the 90s]Will[/I] from here). Laws aren't based purely on what's morally wrong, unfortunately, and the police don't choose to enforce only the laws that fit their morality. Maybe most NYC cops think it's OK to have a knife, but are under pressure to bust those who have them, based on some ridiculous directive from on-high.

I'm staying the **** out of that town.
Those who give up their freedom for safety will soon find that they have neither.[SIZE="-1"][/size]
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bowarrow2000
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#135

Post by bowarrow2000 »

Another reason not to carry Clipped. Deep pocket carry. Don't invite problems.
Xplo
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#136

Post by Xplo »

merciful wrote:Laws aren't based purely on what's morally wrong, unfortunately, and the police don't choose to enforce only the laws that fit their morality. Maybe most NYC cops think it's OK to have a knife, but are under pressure to bust those who have them, based on some ridiculous directive from on-high.
True enough.. but I don't believe that acting under orders necessarily absolves someone of their responsibility to make moral choices.
merciful
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#137

Post by merciful »

Xplo wrote:True enough.. but I don't believe that acting under orders necessarily absolves someone of their responsibility to make moral choices.
Absolutely. Otherwise, we end up with an "ordnungen sind ordnungen" situation, and we all know how that turns out.
Those who give up their freedom for safety will soon find that they have neither.[SIZE="-1"][/size]
GarageBoy
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#138

Post by GarageBoy »

Okay, found out that it's a violation (one below misdemeanor) and is EXACTLY like a parking ticket (no record)
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peacefuljeffrey
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#139

Post by peacefuljeffrey »

Xplo wrote:How convenient for you. Having a government mandate to commit crimes must make it easy to sleep at night. It's almost like you're a good guy!
LMfreakin'AO!!!!!

I suggest you give up trying to convince. Some people are fans of the police state and its presumptively assumed powers, and are not gonna change. (Oh, sometimes they do, but not because they realize that a police state is wrong]them[/i], and they become indignant.)


-PJ
"Within this frame an ocean swells -- behind the smile -- I know it well..."
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ront
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#140

Post by ront »

Sorry about you losing your Para GarageBoy. Boy do I long for days long past when life was a whole lot more simple and safer!!

Ron
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