i got arrested.. for a belt buckle.

reply to post by tweakedvisions


I hope you asked for a lawyer before you said much. It's the cops job to find a reason to ticket or arrest you.

I guess this boils down to this: did he have probable cause to pat you down, if you had the proper documentation for medical possession?

He should have had his station run down the phone number to see if it was a legit clinic, and then confirm that you were a legit patient by letting you authorize your doctor over the phone to tell the officer about you case and treatment.

Question: had you been toking while driving? What are the laws for toking and driving even under medical prescription? Would that enable probable cause for a pat down? I have no clue.

Unless there is a problem with the probable cause thing, it seems possession of the knucks is cut and dried.

Besides the broken headlight,weed,brass knuckles...Were there any other circumstances you want to convey.Was your blood alcohol level over 4.0?Its ok,were all freinds here

My advice is to get a good ol boy lawyer in that town...yes that's right cause he is gonna be the guy who takes the judge out for 18 holes and drinks! I have been charged arrested and found guilty on things that made no sense and was in violation of my rights but at the end of the day if you had it on you then the judge will side with the cop 99% of the time. That's my experience on more than one occasion and the only time I really got a fair shake was when I did the above and got the "right" lawyer. I know it goes against what most of you stand for but so does this mockery of a justice system! We have much more important things for the cops and judges to concentrate on like prosecuting and investigating the real criminals in this country!

Originally posted by brindle
Besides the broken headlight,weed,brass knuckles...Were there any other circumstances you want to convey.Was your blood alcohol level over 4.0?Its ok,were all freinds here

oh yeah, i almost forgot to mention the body in my trunk. i had savagely beaten a girl earlier that morning with my belt buckle. good thing good old mr policeman had me hauled off in the paddywagon so i couldnt do no more harm

How in the world did this little traffic stop turn into a search? Are you leaving any details out?

I'm not up on California marijuana laws but I'm willing to bet the LEO cannot use legal marijuana possession as probable cause for a search....unless you gave consent. If you didn't consent to a search I'd see where a motion to suppress evidence would get you.

As far as the knuckles go....the fact that he found them in your pocket and not around your waist attached to a belt suggests intent, you might be screwed there if you can't suppress.

Listen, Just go to your local church,ask a priest to come to court with you and testify to your character.Throw the priest a 100bill.The judge will throw out the case,dont sweat this,good luck.

reply to post by tweakedvisions


What ever you told the police, recite it in exact detail to a lawyer as soon as you can. You'd be scared if you knew the tricks they use and how the least little statement can be used to hang you even if you are totally innocent.

I'm looking for a link to something your need to see right now - BRB

Edit: right here - www.youtube.com...

The crazy thing about the law there....

I sell Knives, swords, etc over the internet and I cant send switchblades, brass knuckles, etc there......but a Viking Battle Ax is fine.................LOL

Originally posted by monkcaw
How in the world did this little traffic stop turn into a search? Are you leaving any details out?

I'm not up on California marijuana laws but I'm willing to bet the LEO cannot use legal marijuana possession as probable cause for a search....unless you gave consent. If you didn't consent to a search I'd see where a motion to suppress evidence would get you.

As far as the knuckles go....the fact that he found them in your pocket and not around your waist attached to a belt suggests intent, you might be screwed there if you can't suppress.

because he could smell the marijuana in my car, even though i had all the proper paperwork and was well within the limits. he never asked me, it was more of an order. like 'do this or ill get you for resisting arrest'



reply to post by mydarkpassenger

thanks for the link, ill definitely watch that one. just wish i would have seen it sooner

Originally posted by lastrebel
The crazy thing about the law there....

I sell Knives, swords, etc over the internet and I cant send switchblades, brass knuckles, etc there......but a Viking Battle Ax is fine.................LOL

oh yeah, im aware of this now. i can walk down the street with a viking battle ax or a rifle on my back, but if i have brass knuckles or nunchucks or even some pocket change in my sock, i get locked up and marked a felon.

If you had a brass knuckle 'belt buckle' on you, it should have been on your belt and not in your pocket.

Most knucks that get sold on the street have the little knob on them so people can say "oh it's just a belt buckle"... but we all know what they're really for.

My confusion is this:

You were in possession of a concealed weapon, admittedly so. All the rest is justification and rationalization on your part in my opinion.

Just the fact that you refer to these brass knuckles as a "belt buckle" shows that you have knowledge of the fact that they are illegal. You are not defending yourself by saying "I didn't know they were illegal.". You are trying to play a legality game by referring to them as a belt buckle that just happens to be physical identical to brass knuckles and is fully functional as such.

Oh, and this "belt buckle" just happened to be in your pocket and NOT on your belt. But it wasn't a concealed weapon... It was a concealed belt buckle.

All other aspects of this are just a smoke screen to avoid admitting to one fact: You broke the law, knowingly and on purpose. You carried a concealed weapon on purpose.

~Heff

Was it functional or no? My question is if it is a belt buckle, why were you carrying it in your jacket pocket?

reply to post by tweakedvisions


Well, then I'd say you'd have a good chance of defeating this if you got a lawyer. It would've helped if you said, loud and clear, "I do not consent to a search." However, compliance with what you believe a lawful order is not consent to search; LEOs still need probable cause and a broken light isn't, legal possession isn't either (hopefully in CA.) so I'm really scratching my head as to how he thought it was lawful to search you.

Originally posted by Hefficide
All other aspects of this are just a smoke screen to avoid admitting to one fact: You broke the law, knowingly and on purpose. You carried a concealed weapon on purpose.

~Heff

edit on 2/22/11 by Hefficide because: (no reason given)

i did not break the law, knowingly and on purpose. i broke the law, yes. but i had no idea that was i had in my possession was a felony. belt buckle or brass knuckles. i still find it hard to believe that brass knuckles are a felony. i can beat a man to death a lot easier with a baseball bat than brass knuckles. why is it that its okay for me to have a baseball bat in my possession even if i dont have a glove or ball?

reply to post by Hefficide


Heff, should he have to go to jail for up to a year over it? And nobody's bothered to ask what the pot was for - me included - could be cancer or something if he's really got a card and a script from a doctor.

A set of knucks in a pocket is about as dangerous as a winged termite. It's not like the perp is going to hold still while this guy digs in his pocket and then puts them on. By that time his throat would be cut.

Sounds like some dumb mistake I could have made as a younger man - and brother I did doozies.

I am curious what county this was in, and if it was local or state police that stopped him. I've heard that some localities are very unfriendly to med weed there.