advice

[matthewai]

now i know this is a stupid thing but was wondering if anyone knew anything more than i do. basically got stopped while walking in nyc i had a knife on me (small blade) from work and thought nothing of it. he said its illegal which okay fine, he says hes writing a summons and taking it. i say okay, then while partner is on the radio he starts playing with it, and flipping it open (which ive never ever opened it like that) he then calls it a "gravity knife" and then im getting arrested (no prior anything). just cuz the screw was loose from actually using it, it now becomes a gravity knife and an a misdemeanor and a desk appearance. i guess im gonna lawyer up but does anyone think it can get plead down and possibly expunged or what ever after a while. its not even that big of a deal i guess but just annoying and frustrating. its not like i was wielding a knife out on the streets haha. just unlucky i guess and dont say i should have known better cuz i do, but still its kinda ridiculous

[cali yaris]

Why were you stopped and searched in the first place?

What length is the blade and what length is legal in NY?

[matthewai]

apparently any knife at all is illegal. it was no longer than 3 inch and right as i walk out of penn station hahah how he spotted it i have no clue. i just wasnt even thinking about it i had it all day in my pocket well clipped he must have saw the clip

[suckerface]

How old are you? As long as you're over 16, there's nothing illegal about a 3" blade, save for the "gravity blade" snafu. The officer needed to have probable cause to stop and question you. You should have plenty of ground to stand on, and should be able to prove that the model of knife you had isn't a gravity blade, just a standard blade that needed maintenance. Go for the probable cause/naive plea, you should be fine.

http://www.donath.org/Rants/NYKnifeLaw/

EDIT: Turns out, if you were wearing it on the outside of your clothing, the officer was well within his rights. Read the 2nd answer here, pay attention to part C: http://answers.yahoo.com/question/in...9101423AAjrBdv

[cali yaris]

sounds like they got you on two of three. I would demonstrate the same knife, new, that doesn't open the same way, if you can prove it was "just loose", as you say, you'll probably be ok.

The law in New York City is vague, but goes something like this:
-Blade Length cannot exceed 4" *In New York City max is 4"
-Blade cannot open automatically (switch blades, etc) or with assist (spring opened, gravity or inertia knives)
-Knife must be concealed. (This means no visible aspect. No pocket clip, no handle, no nothing)

[matthewai]

yeah only the clip was showing so

thanks guys

[fnkngrv]

Wow...sounds crappy in any case. Guess they are really clampin down in places. That type of law would never fly here in regards to the clip showing.

[suckerface]

I think the case can probably be thrown out if you can prove only the clip was showing (if the officer appears at the hearing, and it's under oath, he should say that's all he saw) then he wouldn't have the right to detain you, as it's not enough proof. Also, as Garm said, if you can just prove that the blade was loose from use, those two factors should get you out of it. Not to mention it was under 4".

You are over 16, right? That would be the breaker if you aren't.

[matthewai]

yeah i am

[david_827]

i know NYC does have (or used to) a stop and frisk law which allows the NYPD to stop and frisk anyone they deem suspicious. I know there was a federal challenge to this law as it promotes discrimination, but i dont know how far that challenge has gone because if i remember correctly the court procedings recently started

[matthewai]

i wasnt even drunk or anything the only thing that could have been suspicious would have been this


or my tye dye hat guess i had it coming

DAMN YOU PHISHHMANNNN!!!

[nookandcrannycar]

Originally Posted by david_827

i know NYC does have (or used to) a stop and frisk law which allows the NYPD to stop and frisk anyone they deem suspicious. I know there was a federal challenge to this law as it promotes discrimination, but i dont know how far that challenge has gone because if i remember correctly the court procedings recently started

Daniels et al. vs The City of New York et al. (a class action lawsuit) was filed in 1999 charging that the NYPD was using racial profiling and illegal stop and frisk practices. A settlement with the city was reached in December of 2003. Part of the settlement required that officers conducting stop and frisks be audited and that those audits be forwarded to the Center for Constitutional Rights on a quarterly basis. Due to an increase in stop and frisks and a non-compliance with the 2003 settlement, the Center for Constitutional Rights filed a new complaint in 2008 that was class certified in 2011 -- Floyd et al. vs The City of New York. The trial is set to start on March 18, 2013. Hopefully, the CCR will win and the settlement will be more effective than with the previous lawsuit. . IMO, Bloomberg has a Napoleon complex.....and having a 20 billion dollar plus net worth, increasing stop and frisks by 600 % (as he has), and limiting some soft drink vendors to 16 oz of product isn't going to make him any taller.

[cali yaris]

^ That's good info.

Also interesting that Penn Station, where the OP was exiting, is not only a transportation hub (trains and other public transportation), it's also underneath Madison Square Gardens. Security there is akin to an airport, if not more stringent, for the obvious reasons.

I'm not saying the frisk was reasonable or right, but I can see just cause for a higher alert status at such an important location.

[enviri]

you were just at a bad place at a bad time..sorry to hear that BS happened. The police in nyc now are complete assholes because of the crazy pressure put on them by retarded officials, and bloomberg...people are going to retaliate..just gotta where your jeans and black jacket and just fit in, man. :/

[MadMax]

Get a lawyer, all the Internet advice in the world doesn't come close to someone who has passed the bar in the state where you have been charged.

I don't know NYC knife laws but your best bet is to see if your lawyer can talk with the district attorney and work out a deal for you.

The idea of taking a new knife to court (which will never be allowed anyway) to show how yours should work doesn't do you any good as it doesn't prove your knife was modified to work differently.

Also, if you are being detained, the police can do a pat down search for weapons (officer safety search only).

You might want to familiarize yourself as to what a Terry Stop is, as well as the New York City stop-and-frisk program. As far as I know, the latter is still legal and ongoing.

Bottom line: Talk to a NY lawyer.

[nookandcrannycar]

Originally Posted by MadMax

Get a lawyer, all the Internet advice in the world doesn't come close to someone who has passed the bar in the state where you have been charged.

I don't know NYC knife laws but your best bet is to see if your lawyer can talk with the district attorney and work out a deal for you.

The idea of taking a new knife to court (which will never be allowed anyway) to show how yours should work doesn't do you any good as it doesn't prove your knife was modified to work differently.

Also, if you are being detained, the police can do a pat down search for weapons (officer safety search only).

You might want to familiarize yourself as to what a Terry Stop is, as well as the New York City stop-and-frisk program. As far as I know, the latter is still legal and ongoing.

Bottom line: Talk to a NY lawyer.

......and I would add a lawyer who is well versed re the ins/outs/practices of the Manhattan DA's office.

[nookandcrannycar]

Originally Posted by cali yaris

^ That's good info.

Also interesting that Penn Station, where the OP was exiting, is not only a transportation hub (trains and other public transportation), it's also underneath Madison Square Gardens. Security there is akin to an airport, if not more stringent, for the obvious reasons.

I'm not saying the frisk was reasonable or right, but I can see just cause for a higher alert status at such an important location.

Good points. In 2006 I went to Times Square for the first time in quite a few years (and first time since 9/11). It way during daylight. I was struck by how stark it seemed, by the location of the police station, and by how many police were milling around (it was on an average day -- not during an event). I haven't been back to NYC since 2010. It sounds as though the 'screws are tightening' (so to speak) to an even greater degree on the populace (or at least some demographics ). I second the jeans and black jacket advice given to the OP. (I know Penn Station and Times Square are 10 1/2 blocks apart, I just mentioned Times Square because I have visited there more recently and was so keenly aware of the police presence)

[matthewai]

thanks guys im still taking care of this and i have a lawyer now