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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: 12271
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."

Article continues here >

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Begin Trace Mode for Comment # 15.

#2. To: Gatlin (#0)

"the knife was recovered by this officer and found to be a spring assisted, one hand operated knife."

So... it's NOT a switchblade.

The arrest was illegal. They should have let him go... and saved face. But egos wouldn't let that happen... and I hope the price of that ego was worth the liability suit your city is gonna pay.

Here is what I told each and every one of my subordinates. It ain't worth, EVER, making one thin or weak arrest. The defendant will beat it in court, make you look stupid AND learn that he can beat the police and that instills a greater desire for them to continue to break the law. SO, let them go if you pull the fish in and find you have shit... a person like Freddie Gray will be back in your radar within a month... WITH SOMETHING SOLID.... learn to pick and choose your battles wisely.

GrandIsland  posted on  2015-05-03   0:03:33 ET  Reply   Untrace   Trace   Private Reply  


#4. To: GrandIsland (#2)

Any assisted opening knife is now considered a switchblaade. Many new knifees now can be flicked open with your thumb by a knob on the side of the blade. What they'd consider legal would be a knife with the notch on the top of the blade that requires two hands to open.

Logsplitter  posted on  2015-05-03   0:13:52 ET  Reply   Untrace   Trace   Private Reply  


#5. To: Logsplitter, GrandIsland (#4)

Any assisted opening knife is now considered a switchblaade.

You may want to check on that.

When you do, you will find that knife laws vary wildly by state. Knives like switchblades, spring-assisted knives, butterfly knives and others are legal in some states and illegal in others.

Gatlin  posted on  2015-05-03   0:18:15 ET  Reply   Untrace   Trace   Private Reply  


#6. To: Gatlin (#5)

I concider a switchblade to be s knife that opens solely by the push of a button that activates a spring that opens the blade as the only force that opens a blade.

A spring assisted knife is not a switchblade. It's a bullshit thin arrest.

GrandIsland  posted on  2015-05-03   0:51:28 ET  Reply   Untrace   Trace   Private Reply  


#7. To: GrandIsland (#6)

....opens solely by the push of a button that activates a spring that opens the blade....A spring assisted knife is not a switchblade.

That is my personal definition also.

But I can read the Maryland law to be otherwise.

Therefore, I find the Maryland law confusing.

I guess it will be decided at the trial.

Gatlin  posted on  2015-05-03   0:57:27 ET  Reply   Untrace   Trace   Private Reply  


#8. To: Gatlin (#7)

Maryland uses the federal definition. A switchblade has a button on the HANDLE... a spring assisted knife normally has a button on the blade.

The arrest was not legal.

GrandIsland  posted on  2015-05-03   1:12:01 ET  Reply   Untrace   Trace   Private Reply  


#9. To: GrandIsland (#8) (Edited)

I hate to beat this around, but I am very interested in it....bare with me, please.

I found this:

The City of Baltimore has adopted as an ordinance its City Code §59-22, which states in relevant part:

Switch-blade knives. (a) Possession or sale, etc., prohibited. It shall be unlawful for any person to sell, carry, or possess any knife with an automatic spring. (emphasis added)

Thus (and again assuming Gray’s knife was spring-assisted, as widely reported), even if Mosby is correct (unlikely) that the knife was legal under Maryland state law, it would still arguably have been illegal under Baltimore code §59-22.

Gatlin  posted on  2015-05-03   2:29:26 ET  Reply   Untrace   Trace   Private Reply  


#10. To: Gatlin, GrandIsland (#9) (Edited)

The City of Baltimore has adopted as an ordinance its City Code §59-22, which states in relevant part:

I posted on the same law on another thread and included an image of the (alleged) arrest report naming Miller as the arresting officer in which this Baltimore Code statute was cited as the offense.

The actual text differs from Gatlin's post.

§ 59-22 Switch-blade knives.

(a) Possession or sale, etc., prohibited.

It shall be unlawful for any person to sell, carry, or possess any knife with an automatic spring or other device for opening and/or closing the blade, commonly known as a switch-blade knife.

(b) Penalties.

Any person violating the provisions of this section, shall, upon conviction thereof, be fined not more than $500 or be imprisoned for not more than 1 year, or both, in the discretion of the court.

(City Code, 1950, art. 24, §155; 1966, art. 19, §160; 1976/83, art. 19, §185.) (Ord. 44-057.)

Tooconservative  posted on  2015-05-03   5:17:45 ET  Reply   Untrace   Trace   Private Reply  


#12. To: TooConservative, Gatlin, GrandIsland (#10)

Good catch.

So the knife is legal under Maryland law, but illegal under Baltimore law. The arresting officer cited Baltimore law. Meaning the arrest was legal and Mosby was wrong.

Wow. What an idiot. In her rush to press charges, she didn't even take the time to review the law?

misterwhite  posted on  2015-05-03   10:21:26 ET  Reply   Untrace   Trace   Private Reply  


#13. To: misterwhite, TooConservative, GrandIsland (#12)

Good catch.

So the knife is legal under Maryland law, but illegal under Baltimore law. The arresting officer cited Baltimore law. Meaning the arrest was legal and Mosby was wrong.

Wow. What an idiot. In her rush to press charges, she didn't even take the time to review the law?

That is the same conclusion I came to yesterday after a blog pointed me to the Baltimore law.

Gatlin  posted on  2015-05-03   10:35:58 ET  Reply   Untrace   Trace   Private Reply  


#15. To: Gatlin (#13)

That is the same conclusion I came to yesterday after a blog pointed me to the Baltimore law.

And, here after all this tyme, I was assured all you had to do with your life was place yourself squarely as the Kanary Klan Klub representative.

I am impressed with your almost serious BS.

buckeroo  posted on  2015-05-03   11:16:31 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 15.

#17. To: buckeroo (#15)

I am impressed with your almost serious BS.

I'm not impressed that you are impressed about this.
In fact, I really don't GAS.

Gatlin  posted on  2015-05-03 11:43:40 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 15.

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