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Title: Is Baltimore Prosecutor Wrong About the Legality of Freddie Gray's Knife?
Source: johncardillo.com/blog
URL Source: http://www.johncardillo.com/blog/is ... egality-of-freddie-grays-knife
Published: May 2, 2015
Author: John Cardillo
Post Date: 2015-05-02 23:29:27 by Gatlin
Keywords: None
Views: 12521
Comments: 31

Did State's Attorney for Baltimore City Marilyn Mosby make a grave prosecutorial error in declaring Freddie Gray's knife legal and the actions of Baltimore police improper? According to the Baltimore Sun, Mosby declared the knife legal because it was not a switchblade as specified by Maryland statute. As a result, Mosby claims the officers failed to establish probable cause for the arrest thereby acting illegally.

But is the inexperienced prosecutor with only four months on the job, and no murder or high profile cases under her belt correct?

It appears that is a matter of much debate, and will be a key element in the defense of the police officers.

Officer Garret E. Miller, one of the officers being prosecuted charged Gray with the switchblade offense and wrote this in the charging document, "the knife was recovered by this officer and found to be a spring assisted, one hand operated knife."

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Freddie Gray’s Knife – Why is Prosecutor Claiming Unlawful Arrest?

A new talking point claiming that Freddie Gray’s original arrest was unlawful has arisen, propelled by the claim yesterday by Prosecutor Mosby that the knife seized from Gray by police was legal to possess in Maryland.

As reported by the New York Times:

Ms. Mosby faulted the police conduct at every turn. The officers who arrested him “failed to establish probable cause for Mr. Gray’s arrest, as no crime had been committed,” she said, describing the arrest as illegal. Officers accused him of possession of a switchblade, but Ms. Mosby said, “The knife was not a switchblade and is lawful under Maryland law.

These statements are remarkably insensible coming from someone who has attained the position of state prosecutor.

Mosby Issue #1: Spring-Assisted Knives Almost Certainly ARE Illegal Under MD Law

First, it raises a question of whether Mosby is simply facially incorrect in claiming that Gray’s knife is legal. It has been described in news reports as “spring-assisted.” If that description is explicitly false and there was no spring assist mechanism, then it is likely that Gray’s knife was not unlawful.

If, however, it was spring-assisted than it certainly seems it would be unlawful under Maryland law.

The Criminal Code of Maryland, §4-105, defines a “switchblade knife” as:

(1) a knife or penknife having a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife.

The way a spring-assisted knife mechanism works is that a spring in the handle of the knife takes over the opening of the blade after the blade has been opened a small amount by pressure applied to the blade by the users fingers. Thus, the statutory definition would arguablly apply to spring- assisted knives.

Clearly, if a spring-assisted knife falls within the statutory prohibition, and it has been widely reported Gray’s knife was spring-assisted, possession of this unlawful knife would provide probable cause for Gray’s arrest.

It is notable that Mosby has yet to address this issue of the precise mechanism of Gray’s knife. This is an odd oversight, given that this issue would likely be determinative of her claim that the knife was not unlawful.

Gatlin  posted on  2015-05-02   23:44:29 ET  Reply   Untrace   Trace   Private Reply  


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