Posted on 05/05/2015 3:33:36 PM PDT by Oldeconomybuyer
One of the Baltimore police officers who arrested Freddie Gray wants the police department and prosecutor to produce a knife that was the reason for the arrest, saying in court papers that it is an illegal weapon.
The motion was filed Monday by attorneys for Officer Edward Nero in Baltimore District Court.
Nero is charged with second-degree assault, misconduct in office and false imprisonment — charges that can only be proven if Gray was wrongly arrested, said Andy Alperstein, a Baltimore attorney who has represented police officers but is not involved in the Gray case. If the knife was illegal, "there is no case" against Nero and another officer, he said.
"If the facts were that the knife was illegal then the Gray arrest would be justified. Even if it wasn't illegal and the officers acted in good faith, it would be the same result. All charges fail," Alperstein said.
Mark Zayon, Nero's attorney, argues in his motion that the knife in Gray's pocket — described in charging documents as "a spring assisted, one hand operated knife" — is illegal under both Baltimore's switchblade ordinance and state law. Gray was charged under the city ordinance, which has a different definition than the state law of what constitutes a switchblade.
A city ordinance says any knife with an automatic spring or other device to open and close the blade is illegal. State law says a knife is illegal if it opens automatically by pushing a button, spring or other device in the handle.
(Excerpt) Read more at abcnews.go.com ...
Guess what will be missing real quick?
Assuming that the bicycle cops did not beat up Freddie, and if he had not died in custody, it seems like the worst they could be charged with would be false arrest.
A police officer, or a person authorized by a jurisdiction's police powers act, may arrest anyone whom the officer has reasonable and probable cause to believe has committed any criminal offence. However, in the case of a misdemeanour, summary conviction offence, or non-criminal offence (such as a municipal by-law offence) the officer may arrest the suspect only long enough to identify the suspect and give the suspect a summons to appear in court, unless there is reason to believe they will not appear in answer to the summons.
Any person may arrest someone suspected of committing a felony or indictable offence, as long as the arresting person believes the suspect is attempting to flee the scene of the felony. A person cannot be arrested on suspicion of committing a felony well after the fact unless the arresting officer possesses an arrest warrant.
Why should a knife be illegal in the first place?
I can see if he was not allowed to have a weapon if he was on parole (which we don’t know yet AFIK), but the article seems to be saying it is illegal for anyone to own these types of knifes.
What’s the difference between that and banning guns?
The real knife will end up ‘missing’, or switched with a legal one.
I don’t understand what is the big deal about switchblade knives! As a teenager in Spain, I was told by a police officer that I needed to get me one and learn how to use it. My dad brought me one and show me how to fight with it. I never had to actually use it, but more than once I opened it while saying something like “if you are tired of being a man, come a little bit closer”. It worked every time, LOL! Sometimes people ask me if I miss Spain (nope!), the food, my family... I always tell them I miss my switchblade knife!
>> Guess what will be missing real quick?
If it *is* missing the officers walk. But I can see this prosecutor “losing” it (or causing it to be “lost”) in an attempt to save face.
of course the arrest was legal!
that was one of the most preposterous parts of what the affirmative action woman with a bad attitude accused them of.
>> or switched with a legal one.
Now *that* could be an issue. The arresting officers could testify that it was NOT the knife, but that would open them up to cross-examination and they’d lose their rights against self-incrimination.
Why do I get the feeling only the white cops are going to be convicted of anything?
An official photo(s) of the weapon should have been taken and attached to the charging documents filed with the Court after his arrest. Or at least filed with the official police arrest report. Photos of weapons confiscated are usually taken alongside a measuring guide to show the exact size of the knife, etc. I would think this would be standard procedure for a police department. We used to do it in the prison system, and attach a photo to the misbehavior report we submitted. Inmates found in possession of weapons could be brought up on outside charges. It depended on the DA, and the NY State Police BCI would handle those type of charges.
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>> “Why should a knife be illegal in the first place?” <<
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It happened in Maryland. Breathing is illegal in Maryland.
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Marilyn Mosby says: NO KNIFE FOR YOU!
Maryland “Freak State” PING!
Will the cops get fair treatment? Not while ****face is in control of the “justice “ department.
Baltimore city ordinance says any knife with an automatic spring or other device to open and close the blade is illegal. Maryland state law says a knife is illegal if it opens automatically by pushing a button, spring or other device in the handle. In other words, a switchblade.
One of the police officers charged, says the knife Freddie Gray had was an illegal one, so the arrest was legal.
Yah, I read that.
Why should any knife be illegal?
Baltimore Police Accused of ‘Wanting War’ for Having Officers Write Simple Phrase on Their Palms
By Kara Pendleton (2 days ago) | Culture, Legal, Lifestyle, Nation
But if you're someone who keeps asking the same question over and over again, like a three year old asking, "Daddy, why? Why, Mommy?", guess what? I'm neither your mommy or daddy or your encyclopedia. You can go do your own research as to why some knives, any knives, are illegal.
What is the difference between knife control and gun control? I don’t see a difference.
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