The witness did not need to see the knife.
Im sick of people acting like if they didnt experience something themselves, it didnt happen.
The witness did not need to see the knife.
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I clarified this issue on another thread the other night, as follows:
Federal law defines brandished as, with reference to a dangerous weapon (including a firearm) means that all or part of the weapon was displayed, or the presence of the weapon was otherwise made known to another person, in order to intimidate that person, regardless of whether the weapon was directly visible to that person. Accordingly, although the dangerous weapon does not have to be directly visible, the weapon must be present. (18 USCS Appx § 1B1.1)