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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
Originally posted by Slipdig1
Youy still haven't answered my question from page 1 (i think or page 2) I'll ask again Did the Brass Knuckles Fit your hand? Most of the belt buckle types you are talking about are small and won't fit your hand. If it fits your hand, then you had a weapon mate. But you won't answer me hey. Also was the Buckle on a belt ? as I find it hard to believe you had a whole belt in your pocket. You won't answer that one either will you.
A traffic stop is considered a seizure for purposes for the Fourth Amendment. For the stop itself to be a lawful seizure, the officer must have either a valid warrant or probable cause to believe that a law has been violated (observed violations of traffic laws are sufficient). According to Whren v. United States, so long as an officer's belief of a traffic law violation is reasonable, the officer has probable cause to pull the car over even if he might have some other motive for the traffic stop. A traffic stop constitutes a seizure of all occupants of the car: both driver and passengers.
"Probable cause" means that the officer must possess sufficiently trustworthy facts to believe that a crime has been committed. In some cases, an officer may need only a reasonable suspicion of criminal activity to conduct a limited search. Reasonable suspicion means that the officer has sufficient knowledge to believe that criminal activity is at hand. This level of knowledge is less than that of probable cause, so reasonable suspicion is usually used to justify a brief frisk in a public area or a traffic stop at roadside. To possess either probable cause or reasonable suspicion, an officer must be able to cite specific articulable facts to warrant the intrusion. Items related to suspected criminal activity found in a search may be taken, or seized, by the officer.
Originally posted by mblahnikluver
reply to post by verylowfrequency
You missed the whole point of his post.
He is LEGALLY allowed to possess the marijuana he had. That would be like arresting someone who has pills yet are legally allowed to have them. The cop had an obvious chip on his shoulder and used the light and belt buckle as an excuse.
The brass knuckles is a belt buckle. I know many people with them and they are nothing like real brass knuckles, not even close. They are cheap and you can usually get one for about 10-20 bucks...heck even cheaper at the flea market.
That cop is a jerk. He was just fishing for something and he found it. Why brass knuckles are considered a felony is beyond me.
last weekend i went camping up in the mountains by my house.driving back that morning i got pulled over by a cop on a motorcycle. he told me that he was pulling me over not because i was speeding or breaking any laws, but because one of my headlights were out. even though it was a perfectly clear morning and the sun was shining bright.
he comes back to my car, sticks his head in the window and asks me "do you have a physicians note for the marijuana in your car?"
he instructs me to get out of the car and pats me down.
in my jacket pocket i had a brass knuckle belt buckle that i had gotten for a birthday present.
apparently in the state of california, that is a felony weapons charge.
i also am a thousand dollars in debt because of that.
i have court this wednesday so im sure ill be billed for all that too.
even if it wasnt on a belt. i dont see how that can be classified as a felony
Originally posted by Endure
Most importantly though, did you get your weed back??
Originally posted by Hefficide
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.
edit on 2/22/11 by Hefficide because: (no reason given)