i got arrested.. for a belt buckle.

Originally posted by tweakedvisions
i did not break the law, knowingly and on purpose.

Why then did you have the brass knuckle in your pocket, not used as a belt buckle?

they know good and well there is no right to search but it is common police procedure to use people's ignorance against them. You are right there was no probable cause but you know how often that is ignored in court as opposed to upheld? Not often...Get that lawyer like I said and if all else fails plead it down to avoid the felony I know it sucks but losing your rights sucks more!

reply to post by tweakedvisions

Originally posted by tweakedvisions

i did not break the law, knowingly and on purpose. i broke the law, yes. but i had no idea that was i had in my possession was a felony. belt buckle or brass knuckles. i still find it hard to believe that brass knuckles are a felony.

This is a contradictory statement. You did knowingly break the law. If there is an issue it was only that you were not away of the severity with which you did so.

The baseball bat statement you've made has nothing to do with anything. You can also bludgeon somebody to death with nerf. But carrying a bat does not automatically imply intent. Concealing a weapon does imply an intent to break a law... specifically the law against concealed weapons.

Again. If your OP would have said "You know what? I screwed up and was carrying brass knuckles. I could try to claim they are a belt buckle, but we all know the truth.", I would be more inclined to sympathize with you. But you didn't say that. You are playing the victim card instead.

If you would not have been carrying a concealed weapon you would not be in trouble. Hick cop or not. Medical marijuana or not. Headlight broken or not. These things are all red herrings.

reply to post by mydarkpassenger


No, I do not think that a year in jail is appropriate. But, in reality, I don't think that will happen anyway. From what I have seen the threat of long jail times for BS little offenses is just to make people happy that they only get probation and fines.

If I were a betting man, I'd bet that this is what will happen. A fine and probation (Assuming that the OP doesn't have a lengthy or substantial track record already.)

And, yes, as far as dumb mistakes go... I've made tons myself. I think that part of the reason I made it through them unscathed is that I was always forthright and took responsibility...

IE if a cop would have found brass knucks in my pocket I'd have said "Yeah, those are knucks and I am carrying them because it's a scary world and I don't want to get jumped without a way to defend myself." My experience is that cops respond well to honesty.

reply to post by RickyD


That is exactly what they do. The police's job is seldomn to save innocents - mostly it is hunt down the perps. They want convictions, as do DA's

Doesn't matter if it's day or night a broken light is "Just Cause" to pull you over . Once the cop smells dope he has "Reasonable and Probable Grounds " to suspect and conduct a search . Then he finds a prohibited weapon and in no court is 'ignorance of the law' considered a defense . The cop is under no obligation to act as a judge or jury , that's what courts are for and you are entitled to your day in court and a vigorous defense . Had you not been carrying a prohibited weapon the cop 'may' have been inclined to call your Doctor or verify your prescription , even though he's under no obligation to do so but it's likely that the prohibited weapon sealed your fate . Not saying you are but cops run into stoners with weapons every day . You may be able to resolve the pot but i'm less inclined to believe that you will resolve the prohibited weapon . If you're carrying dope and prohibited weapons give the cops no just cause to pull you over meaning that the vehicle is in good repair and your driving is such that you don't raise suspicion . You can find brass knuckles being sold all over the net as paper weights which absolves the retailers in certain locations of selling prohibited weapons but absolves the buyer from nothing whether it's a belt buckle of a paper weight . As so as you take possession , you've taken possession of a prohibited weapon , depending upon location and when you actually get caught with it , the charge is the music you will face .

Originally posted by tweakedvisions
reply to post by brindle

 

it was given to me still in the original packaging, which stated that it was to be used as a belt buckle.

marijuana which under california law i am legally allowed to posses. also, it was daytime. why does it matter if a headlight was out?

im not worried about the fines as much as the possibility of me being classified a felon. if im classified as a felon.. goodbye voting, goodbye guns.

edit on 2/22/2011 by tweakedvisions because: (no reason given)

It seems you are worried about losing your right to carry a gun.What do you need a gun for ?

reply to post by brindle


Cause it's a crazy world out there I would be sad to lose my right to carry as well!

But on a side note remember most DA's will take the plea and lose the felony to save on court costs. I have been arrested on felonies yet I have none and can carry still as well as vote...Like i keep saying it's time for you to get that hometown good ol boy lawyer and save your rights. Good Luck!

Originally posted by RickyD
reply to post by brindle

 

Cause it's a crazy world out there I would be sad to lose my right to carry as well!

Thats why he carries the brass knuckles,how the hell is he gonna shoot a gun and throw a punch with the knuckles at the same time?

reply to post by brindle


for the same reason you have a lock on your door. to protect what is yours and for a sense of security.
a gun is also a means of survival in a worst case scenario. i intend to care for my family and protect them as best i can, whatever the situation may be

Originally posted by brindle

Originally posted by RickyD
reply to post by brindle

 

Cause it's a crazy world out there I would be sad to lose my right to carry as well!

Thats why he carries the brass knuckles,how the hell is he gonna shoot a gun and throw a punch with the knuckles at the same time?

Left hand right hand lol silly!

Originally posted by tweakedvisions
reply to post by brindle

 

for the same reason you have a lock on your door. to protect what is yours and for a sense of security.
a gun is also a means of survival in a worst case scenario. i intend to care for my family and protect them as best i can, whatever the situation may be

I have had some laughs here with this post i must admit.From somebody looking in , I would say just forget about the having all these weapons,they will just be one bad situation after another.

If you had something like these:


...then you'd probably be okay as the belt buckle can not be used as brass knuckles since the finger holes are fake.

But if you had something like this, you are simply in violation of California law, no matter that they were a gift, no matter that they were attached to a belt, no matter of your ignorance of the law:


My last question is, why would you have something like that in the first place, seriously? You sure all that weed you're smoking hasn't effected your decision making processes?

LMAO just wanted to add I have seen that cop from the video in VA Beach courts before...small world lol

The California marijuana bill seems to be lacking protection against probable cause. If I'm right that means if a LEO spots/smells marijuana on you he can lawfully search you, even if you are completely legal. Naturally. you're on the hook if anything illegal turns up during the search.

Some states have included protection against probable cause in their marijuana bills, I was hoping this was the case in CA. but apparently not. Once the LEO in the OP smelled marijuana in the posters vehicle, it was game over because:

11362.79. Nothing in this article shall authorize a qualified
patient or person with an identification card to engage in the
smoking of medical marijuana under any of the following
circumstances:
(a) In any place where smoking is prohibited by law.
(b) In or within 1,000 feet of the grounds of a school, recreation
center, or youth center, unless the medical use occurs within a
residence.
(c) On a schoolbus.
(d) While in a motor vehicle that is being operated.
(e) While operating a boat.

I got caught with what the cops call a leather sap.
www.copsplus.com...

But i was able to prove that it was a tool used in the insulation trade and had a couple other people working in the trade testify to that.
It was even on the company tool list.

Friends have been arrested for carrying baseball bats without having gloves or baseballs.
a large breaker bar on the front seat of there car.

The cops have to prove intent. And that you intended to use it as a weapon. and since its a belt buckle that just happens to look like brass knuckles that would put a doubt in the juries mind that it was really a weapon.
and two i will bet that when the buckle is shown in court the belt has been removed(i know Calif cops and how they operate.) your lawyer can claim they "tampered" with evidence and are showing it out of context.
also i will bet there is a makers mark on the buckle and you also might check to see if they are selling them as belt buckles in calif.

Then all it would take is one person on the jury to believe you and the person that gave you the belt buckle that it never was intended as a weapon and it was seen by you as just a belt buckle.
Its called "jury nullification".

Your best bet is ask for a jury trial and bring the person that gave it to you as a gift to testify that it was given as a belt buckle not as a weapon.

First the state lawyer does not want to spend the money for a jury trial.
He will then try to get you to cop to a misdemeanor.

Electronic Arts (EA) recently shipped out golden brass knuckles to the press as part of a promotion for their video game "The Godfather 2." EA, which is based out of Los Angeles, California contacted those who received the brass knuckles and asked for them to be returned once they realized they had broken the law. However, since EA is based out of California, it would be illegal for those who received the brass knuckles to ship them back. Some members of the press, depending on where they live, may be able to "properly dispose" of the brass knuckles by turning them into paperweights or belt buckles. There has yet to be any legal action taken against EA.

Read more: California Brass Knuckle Law | eHow.com www.ehow.com...

forum.freeadvice.com...

Oh by the way if the person that bought the belt buckle got it in calif and you can find the store that sold them you can sue them for selling a illegal weapon that caused you to get arrested.
Many store owners from other countries don't understand the law and sell all sorts of illegal idems.

I walked into a store the other day and the store had a illegal gambling machine under calif law.(illegal slot machine law)
Maybe i will drop a dime next time i stop there. Some Arabs own the store and likely don't even know the mechine is illegal.

Brass knuckles are a felony in California, Possession of a loaded handgun in a vehicle is a misdemeanor.(i know the hard way)

edit on 22-2-2011 by ANNED because: (no reason given)

I thought it was common knowledge that brass knuckles are a no-no... in many states, not just CA. It doesn't matter if an illegal weapon is disguised as something else... it's still illegal.

Also, having a headlight out warrants a fix-it ticket, and doesn't matter if you are driving in daylight or night - since by CA law, you must have your headlights on when driving through a construction zone or if you have your windshield wipers on, which happens day and night. If you had lights totally off, he wouldn't have noticed, but since the one was on, he had knowledge of the malfunctioning light, and reasonable cause to issue a fix-it ticket.

The thing with your story is that, in this litigious state we live in, cops (especially here in CA) are pretty vigilant and aware of what they can and cannot do... every move is carefully calculated both for their safety, and with the knowledge that a full written report will have to be made, and could be potentially argued in a courtroom. Having someone arrested, vehicle towed = LOTS of paperwork. He didn't do it just for fun. So, he must have had a good reason for searching you, and proceeding with the arrest... did you have an attitude with him?

In any case, you'll find out when you get your copy of the full police report. If you play it right, your lawyer can help get the charges reduced. If you don't have any criminal record, I doubt you will see any jail time.

Good luck!

Originally posted by muzzleflash
And if you want my opinion on the matter. I find it deplorable that a piece of metal is illegal just because it's shaped perfectly to punch with.

I think the 2nd Amendment actually is meant to protect the right to brass knuckles without regulation.

I just cannot envision brass knuckles being a big deal when we have handguns floating around everywhere.

Brass Knuckles should be 100% legal.

I agree with you MF

That is BS

It is too bad that you cannot file a counter suit against the state for failing to detect or halt the manufacturing or importation of this item which ultimately fell into your hands. They wanna criminalize it, they should be actively
battling the scourge of Belt Buckles or piss off


BS buddy

Raw deal, I am pissed now

I will be sending good vibes your way once they return