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billyblue2388billyblue2388 Member Posts: 14 ✭✭
I've been off parole/probation for 5 years now. I was walking out of a store with a legal Knife in plain sight on my side. I was driving away and a cop stopped me. He saw the Legal Knife on my waist and searched my truck without my consent. He said the reason for the search was because of the LEGAL Knife. I live in Orange County, Calif.
Was this a legal search?

Comments

  • GomerpylesGomerpyles Member Posts: 7 ✭✭
    edited November -1
    Its California what do you expect. and i believe the police can search ur car with probable cause.
  • n/an/a Member Posts: 168,427
    edited November -1
    Billy while I simpathize with you, I allready read the other thread on the other forum. It is legal and you know this because Kalifornia is the armpit of the US. While I don't agree with many laws on the books, I try not to break them either. You knew better than to be in possesion of a gun, especially in a vehicle. If the gun were at home, MY feeling would have been different.
  • Marc1301Marc1301 Member Posts: 31,897 ✭✭✭
    edited November -1
    quote:Originally posted by freemind
    Billy while I simpathize with you, I allready read the other thread on the other forum. It is legal and you know this because Kalifornia is the armpit of the US. While I don't agree with many laws on the books, I try not to break them either. You knew better than to be in possesion of a gun, especially in a vehicle. If the gun were at home, MY feeling would have been different.

    +1
    "Beam me up Scotty, there's no intelligent life down here." - William Shatner
  • billyblue2388billyblue2388 Member Posts: 14 ✭✭
    edited November -1
    What was their probable cause? No crime was being commited!
  • nyforesternyforester Member Posts: 2,575 ✭✭✭
    edited November -1
    Sounds to me like you were asking for trouble. Why didn't you just tuck it in your pants or under a shirt ? Were you trying to be a tough guy ? I'll bet the judge asks you those same questions at your hearing !
    Abort Cuomo
  • n/an/a Member Posts: 168,427
    edited November -1
    quote:Originally posted by billyblue2388
    What was their probable cause? No crime was being commited!


    Ok, WHILE I DEtest A JBT, let me say this:
    Normal people around these parts buy a knife that FOLDS and either fit IN THE POCKET, or has a clip on it to clip TO YOUR POCKET. Now, during DEER SEASON some people will strap on a fixed blade knife. That is the ONLY TIME I have seen people wear a FIXED BLADE KNIFE. You arroused suspicion BECAUSE you were WEARING A FIXED BLADE KNIFE. Poeple just don't NORMALLY wear them. It has the same effect as wearing a trench coat in the SUMMER. If you wanted a knife for self protection you should have bought a FOLDER. Your lack of thought led to this. First rule of self defense is to be accutely aware of your environment. You wouldn't stroll into the "gehtto" with a wad of cash hanging out of your pocket would you?

    Being accutely aware, entails your environmet surrounding you AND yourself. You made yourself a target. In all honesty, if I were a cop, I most likely would have done the same, ESPECIALLY after running your record.
  • RockatanskyRockatansky Member Posts: 11,175
    edited November -1
    quote:Originally posted by freemind
    quote:Originally posted by billyblue2388
    What was their probable cause? No crime was being commited!


    Ok, WHILE I DEtest A JBT, let me say this:
    Normal people around these parts buy a knife that FOLDS and either fit IN THE POCKET, or has a clip on it to clip TO YOUR POCKET. Now, during DEER SEASON some people will strap on a fixed blade knife. That is the ONLY TIME I have seen people wear a FIXED BLADE KNIFE. You arroused suspicion BECAUSE you were WEARING A FIXED BLADE KNIFE. Poeple just don't NORMALLY wear them. It has the same effect as wearing a trench coat in the SUMMER. If you wanted a knife for self protection you should have bought a FOLDER. Your lack of thought led to this. First rule of self defense is to be accutely aware of your environment. You wouldn't stroll into the "gehtto" with a wad of cash hanging out of your pocket would you?

    Being accutely aware, entails your environmet surrounding you AND yourself. You made yourself a target. In all honesty, if I were a cop, I most likely would have done the same, ESPECIALLY after running your record.


    Not such a free mind after all...
  • billyblue2388billyblue2388 Member Posts: 14 ✭✭
    edited November -1
    Seems to me, you people don't know the LAW, They had no P/C to search me, therefore the search of the Truck was not Legal!!
  • RockatanskyRockatansky Member Posts: 11,175
    edited November -1
    quote:Originally posted by billyblue2388
    Seems to me, you people don't know the LAW, They had no P/C to search me, therefore the search of the Truck was not Legal!!


    Well, if we, people are so stupid, why are you asking us, stupid people, here? [8D]
  • billyblue2388billyblue2388 Member Posts: 14 ✭✭
    edited November -1
    MY BAD !! I thought I might be able to find at least one person that might know the law on this !!! Maybe I was wrong!
  • n/an/a Member Posts: 168,427
    edited November -1
    quote:Originally posted by thesneakyrussian

    Not such a free mind after all...


    There IS a difference between a FREEMIND and BRAIN DEAD. I tell you I am not the latter. While I FULLY support the second I do not desire to arm those that truely should NOT be armed. Does it not arouse your suspicion that a FELON is carrying a LARGE fixed blade knife OPENLY (self defense? yeah right....) AND has a RIFLE in his truck(NOT in his HOME)? This guys says he has a darn good lawyer. OK, then why oh why does he NEED us to justify HIS stance?

    This whole ordeal smells funny. If he bought a rifle for the future OR self defense I would support the fact he has one. I belive in the right of perservation. The fact is , he cannot hunt with it. So WHY was it IN HIS TRUCK? MAYBE he was up to no good, MAYBE he was NOT.
  • billyblue2388billyblue2388 Member Posts: 14 ✭✭
    edited November -1
    SKEET SHOOTING WITH MY CHURCH !!! ENOUGH SAID !!! As for the Knife, I was jumped and robbed by 3 blacks one had a pipe! 250 stiches to my face, I WILL NOT let that happen again! The shotgun was on the way to get fixed, So, don't question my motives!!!
  • n/an/a Member Posts: 168,427
    edited November -1
    quote:Originally posted by billyblue2388
    SKEET SHOOTING WITH MY CHURCH !!! ENOUGH SAID !!! As for the Knife, I was jumped and robbed by 3 blacks one had a pipe! 250 stiches to my face, I WILL NOT let that happen again! The shotgun was on the way to get fixed, So, don't question my motives!!!

    First off, don't air YOUR damn dirty laundry and COMPLAIN when you don't get the response YOU wanted.
    That said, did you have a BRAIN FART and forget you were a felon? I bet you didn't. While I DO NOT agree with the law regaurding felony restrictions, YOUR flagrant DISREGUARD is what got you up a creek.

    A KNIFE is a CQB weapon. A PIPE can be used at a greater distance. If I were in a fight I know what I would RATHER have and it is NOT the knife. Did you really THINK about your defensive weapon BEFORE you decided to carry? Pepper spray would have been a better choice.

    My thoughts are in the open, given the info YOU provided.
  • billyblue2388billyblue2388 Member Posts: 14 ✭✭
    edited November -1
    I'm done with you. It takes two to have a normal conversation and in that; you are Extreamly Handicapped!
  • RockatanskyRockatansky Member Posts: 11,175
    edited November -1
    quote:Originally posted by billyblue2388
    MY BAD !! I thought I might be able to find at least one person that might know the law on this !!! Maybe I was wrong!


    Your question was answered, if that's not the information you were looking for -- well, that's too bad, if there're lawyers here I wouldn't blame them for not giving out free advise on the Internet. If your lawyers is so good you have to go looking for answers on the net, maybe you should consider hiring a new one.

    On the subject -- it does look like the police officer had no reason to search you, but in CA PC is very vague and unspecific on what a "probable cause" for search is, so... well, all I can say is it sucks to be in your position and situation, and good luck in court.
  • billyblue2388billyblue2388 Member Posts: 14 ✭✭
    edited November -1
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