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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: 12513
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 # 6.

#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  


Replies to Comment # 6.

#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 00:57:27 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 6.

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