First lie of Baltimore prosecutor

[Mad_Cabbie]

Appears Freddie's knife was indeed illegal.

Not so. A spring assisted knife is not specifically listed as illegal, as required.

Maryland Knife Laws KnifeUp

How a Knife is Determined to be a Dangerous Weapon
The case of Savoy v. State in 1964 found that a gravity knife is similar enough to a switchblade that it is a dangerous weapon per se. A switchblade is a knife that opens when the user presses a button. The button releases a spring and the blade extends. A gravity knife is a knife that opens when a user presses the button as well. Instead of a spring, the gravity knife uses the force of gravity to extend the blade. Because of this case, gravity knives are banned in Maryland as well.

Now we know that gravity knives, switchblades, dirks, and Bowies are always illegal to carry concealed. However, there are still more knife types (read about all the types of knives that exist) in the market than that. The law doesn’t state exactly what other types are dangerous per se but case law gives us an outline of the legal process of determining if a knife is a dangerous weapon or not.


First off, the state must prove that the item is a weapon. The case of Anderson v. State (1992) found that, if an item is not listed as a weapon per se in the law, the state has the burden of proof to show that the item falls in the category of weapons. The burden of proof required is beyond a reasonable doubt (Mackall v. State 2978). We’ve also stated earlier that the state must also prove, even if the item is a weapon, that it is not a weapon that would be considered a “penknife without a switchblade.”

Very good find, was just going to post this.

Baltimore knife laws are INCREDIBLY confusing. Many police are not even aware of what the laws truly dictate which knives are legal.

That particular charge will be dropped, but it was too early to conclude that the knife in question was "illegal."

 

[Manonthestreet]

Appears Freddie's knife was indeed illegal. Have to read down toward end of the article.
www.msn.com/en-us/news/us/gunshot-at-scene-of-protests-underscores-tension-in-baltimore/ar-BBjbrMC

Unless he was wielding it in a threatening manner - this is completely irrelevant. Declaring ANY knife illegal is just fucking stupid - the kind of shit gun grabbers do.

They didnt just declare it illegal, it is illegal by law in Baltimore

 

[Manonthestreet]

Appears Freddie's knife was indeed illegal. Have to read down toward end of the article.
www.msn.com/en-us/news/us/gunshot-at-scene-of-protests-underscores-tension-in-baltimore/ar-BBjbrMC

Unless he was wielding it in a threatening manner - this is completely irrelevant. Declaring ANY knife illegal is just fucking stupid - the kind of shit gun grabbers do.

The knife WAS NOT illegal. That was only some bozo's opinion.

Obviously didnt reaD THE LINK

 

[Mad_Cabbie]

Appears Freddie's knife was indeed illegal. Have to read down toward end of the article.
www.msn.com/en-us/news/us/gunshot-at-scene-of-protests-underscores-tension-in-baltimore/ar-BBjbrMC

Unless he was wielding it in a threatening manner - this is completely irrelevant. Declaring ANY knife illegal is just fucking stupid - the kind of shit gun grabbers do.

The knife WAS NOT illegal. That was only some bozo's opinion.

Obviously didnt reaD THE LINK

Yes, I did read the link.

Here's another link for you to read:


Maryland Knife Laws

Maryland’s knife laws are somewhat archaic and cryptic. This article will clear the matter for you in everyday English. It gives you an outline of what is allowed and what is not allowed along with law citations and case examples. It than goes into detail about how the law works so that you can understand Maryland knife law inside and out.

What is Legal to Own

• It is legal to own a balisong knife, also called butterfly knife.
• it is legal to own dirks, daggers, stilettos, and other slim knives.
• It is legal to own switchblades, gravity knives, and automatic knives.
• It is legal to own ballistic knives.
• It is legal to own disguised knives like belt knives and lipstick knives.
• It is legal to own throwing stars and throwing knives.
• It is legal to own undetectable knives.
• It is legal to own Bowie knives and other large knives.

There are no limitation on the type of knife you can own in Maryland.

Limits on Carry

• You can not conceal carry a throwing star, dirk, switchblade, gravity knife, or bowie knife.
• You can not open carry a throwing star, dirk, switchblade, gravity knife, or bowie knife with the intent to harm someone.
• You can open or conceal carry any sized pocket knife you wish.

If a knife is not listed above, it is most likely to be legal for concealed or open carry. Read on to see why.

What the Law States
Dangerous Weapons Defined
Md. CRIMINAL LAW Code Ann. § 4-101 (2012)

§ 4-101. Dangerous weapons

(a) Definitions. —

(4) “Star knife” means a device used as a throwing weapon, consisting of several sharp or pointed blades arrayed as radially disposed arms about a central disk.

(5) (i) “Weapon” includes a dirk knife, bowie knife, switchblade knife, star knife, sandclub, metal knuckles, razor, and nunchaku.

(ii) “Weapon” does not include: 1. a handgun; or 2. a penknife without a switchblade.

(c) Prohibited. —

(1) A person may not wear or carry a dangerous weapon of any kind concealed on or about the person.

(2) A person may not wear or carry a dangerous weapon, chemical mace, pepper mace, or a tear gas device openly with the intent or purpose of injuring an individual in an unlawful manner.

(3) (i) This paragraph applies in Anne Arundel County, Baltimore County, Caroline County, Cecil County, Harford County, Kent County, Montgomery County, Prince George’s County, St. Mary’s County, Talbot County, Washington County, and Worcester County.

(ii) A minor may not carry a dangerous weapon between 1 hour after sunset and 1 hour before sunrise, whether concealed or not, except while:

1. on a bona fide hunting trip; or

2. engaged in or on the way to or returning from a bona fide trap shoot, sport shooting event, or any organized civic or military activity.

(d) Penalties. —

(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $ 1,000 or both.

(2) For a person convicted under subsection (c)(1) or (2) of this section, if it appears from the evidence that the weapon was carried, concealed or openly, with the deliberate purpose of injuring or killing another, the court shall impose the highest sentence of imprisonment prescribed.

This law bans the concealed carry of dangerous weapons and the open carry of dangerous weapons with intent to harm. The law states that dirks, Bowies, throwing stars, and switchblades are types of knives considered to be dangerous weapons per se. The law also says that a penknife without a switchblade can never be a dangerous weapon.

What is a penknife? Penknives are similar to modern day pocket knives. A penknife is an archaic term that is rarely heard of outside knife collecting circles. Back in the day when people wrote letters with feathers, they needed pen knives to sharpen the quills. Originally pen knives looked kind of like old-fashioned x-acto knives but, after time, they transformed into folding knives.

The case of Bacon v. State in 1991 found that a penknife is still a penknife even if it is huge or small, open or closed, has a lock or not, and carried concealed or in the open. Bacon was found not guilty of carrying a dangerous weapon when he was carrying a Buck knife. A Buck knife is a folding knife that locks into place in the open position.

What this means is that you can carry any sized pocket knife you want as long as it does not have a switch that automatically opens it (or you have the intent to harm someone). Stanley v. State in 1997 also stated that the it is the state’s job to prove that the knife is not a penknife. If the opposite was true, it would be the convicted’s job to prove that his/her knife is a penknife. By placing the burden of proof on the state, the category of “penknife without a switchblade” would include more knives than if the burden of proof was on the defendant. This also reduces the defendant’s lawyer fees as well.

From here, we know that dirks, switchblades, Bowies, and throwing stars are always illegal to carry concealed. We also know that pocket knives of any size (“penkives”) are always legal to carry. What does that mean for knives that are not in either of these categories? Case precedence clarifies the issue.

How a Knife is Determined to be a Dangerous Weapon
The case of Savoy v. State in 1964 found that a gravity knife is similar enough to a switchblade that it is a dangerous weapon per se. A switchblade is a knife that opens when the user presses a button. The button releases a spring and the blade extends. A gravity knife is a knife that opens when a user presses the button as well. Instead of a spring, the gravity knife uses the force of gravity to extend the blade. Because of this case, gravity knives are banned in Maryland as well.

Now we know that gravity knives, switchblades, dirks, and Bowies are always illegal to carry concealed. However, there are still more knife types (read about all the types of knives that exist) in the market than that. The law doesn’t state exactly what other types are dangerous per se but case law gives us an outline of the legal process of determining if a knife is a dangerous weapon or not.

First off, the state must prove that the item is a weapon. The case of Anderson v. State (1992) found that, if an item is not listed as a weapon per se in the law, the state has the burden of proof to show that the item falls in the category of weapons. The burden of proof required is beyond a reasonable doubt (Mackall v. State 2978). We’ve also stated earlier that the state must also prove, even if the item is a weapon, that it is not a weapon that would be considered a “penknife without a switchblade.”

What this means is that a frying pan is never a weapon and, if you hit someone on the head with a frying pan, you will not be guilty of carrying a dangerous weapon in an unlawful manner (but you’ll probably be guilty of something else). This would also mean that most knives designed for a utility purpose would never be considered weapons.

Once the state proves that the item is in fact a weapon, it must prove that the item is a dangerous weapon. The state must show that the item is capable of being deadly or dangerous and that the item was used in a way that would make it deadly and dangerous (Handy v. State 2000).

The state must go on to prove, beyond a reasonable doubt, that there was intent to use the knife to harm others (Anderson v. State 1992). Just merely having a knife on you is not a crime no matter how large or menacing the knife looks. However, if you are carrying a knife when you are duct behind a bush with gloves and a mask on, it might be a different story.

 

[Mad_Cabbie]

They didnt just declare it illegal, it is illegal by law in Baltimore

Oh, so you're a law expert?

 

[Manonthestreet]

You would think the "the police task force that studied the knife and determined it was "spring-assisted," which does violate a Baltimore code." are...........

 

[BULLDOG]

Do you really want to go back 30 years to rehash crazy and illegal right wing actions? Wouldn't your time be better spent ranting about more recent right wing craziness, like Benghazi, or the U.S. military attacking Texas, or even death panels? Hell, even a good Black Helicopter rant would give you more credibility.

You brought it up, and lied about it.

Yeah, Reagan defeated your beloved USSR - get over it.

Damn you are in a daze, aren't you. I was responding to
First lie of Baltimore prosecutor Page 6 US Message Board - Political Discussion Forum
so I didn't bring anything up, and the Iran/contra incident was clearly illegal. Now either come up with something rational or go away.

 

[SAYIT]

Appears Freddie's knife was indeed illegal.

Not so. A spring assisted knife is not specifically listed as illegal, as required.

Maryland Knife Laws KnifeUp

How a Knife is Determined to be a Dangerous Weapon
The case of Savoy v. State in 1964 found that a gravity knife is similar enough to a switchblade that it is a dangerous weapon per se. A switchblade is a knife that opens when the user presses a button. The button releases a spring and the blade extends. A gravity knife is a knife that opens when a user presses the button as well. Instead of a spring, the gravity knife uses the force of gravity to extend the blade. Because of this case, gravity knives are banned in Maryland as well.

Now we know that gravity knives, switchblades, dirks, and Bowies are always illegal to carry concealed. However, there are still more knife types (read about all the types of knives that exist) in the market than that. The law doesn’t state exactly what other types are dangerous per se but case law gives us an outline of the legal process of determining if a knife is a dangerous weapon or not.


First off, the state must prove that the item is a weapon. The case of Anderson v. State (1992) found that, if an item is not listed as a weapon per se in the law, the state has the burden of proof to show that the item falls in the category of weapons. The burden of proof required is beyond a reasonable doubt (Mackall v. State 2978). We’ve also stated earlier that the state must also prove, even if the item is a weapon, that it is not a weapon that would be considered a “penknife without a switchblade.”

Very good find, was just going to post this.

Baltimore knife laws are INCREDIBLY confusing. Many police are not even aware of what the laws truly dictate which knives are legal.

That particular charge will be dropped, but it was too early to conclude that the knife in question was "illegal."

The possibility that it may have been an illegal knife should be enough to dismiss the charges of unwarranted arrest and restraint against the cops, however some sort of negligent homicide charge should stick.

 

[Nutz]

Appears Freddie's knife was indeed illegal.

Not so. A spring assisted knife is not specifically listed as illegal, as required.

Maryland Knife Laws KnifeUp

How a Knife is Determined to be a Dangerous Weapon
The case of Savoy v. State in 1964 found that a gravity knife is similar enough to a switchblade that it is a dangerous weapon per se. A switchblade is a knife that opens when the user presses a button. The button releases a spring and the blade extends. A gravity knife is a knife that opens when a user presses the button as well. Instead of a spring, the gravity knife uses the force of gravity to extend the blade. Because of this case, gravity knives are banned in Maryland as well.

Now we know that gravity knives, switchblades, dirks, and Bowies are always illegal to carry concealed. However, there are still more knife types (read about all the types of knives that exist) in the market than that. The law doesn’t state exactly what other types are dangerous per se but case law gives us an outline of the legal process of determining if a knife is a dangerous weapon or not.


First off, the state must prove that the item is a weapon. The case of Anderson v. State (1992) found that, if an item is not listed as a weapon per se in the law, the state has the burden of proof to show that the item falls in the category of weapons. The burden of proof required is beyond a reasonable doubt (Mackall v. State 2978). We’ve also stated earlier that the state must also prove, even if the item is a weapon, that it is not a weapon that would be considered a “penknife without a switchblade.”

Very good find, was just going to post this.

Baltimore knife laws are INCREDIBLY confusing. Many police are not even aware of what the laws truly dictate which knives are legal.

That particular charge will be dropped, but it was too early to conclude that the knife in question was "illegal."

The possibility that it may have been an illegal knife should be enough to dismiss the charges of unwarranted arrest and restraint against the cops, however some sort of negligent homicide charge should stick.

No, cops are supposed to know the laws they are enforcing...of that were the case, they could arrest you for having a banana and call it a knife.

What all of you racist teapers are doing is back seat driving after the fact...you are refusing to let the system work...because you are racist hypocrites. A pocket knife is a pocket knife. a switchblade is a switch blade. Either way, carrying one is not a reason to sever someone's spine.

 

[Uncensored2008]

No, cops are supposed to know the laws they are enforcing...of that were the case, they could arrest you for having a banana and call it a knife.

What all of you racist teapers are doing is back seat driving after the fact...you are refusing to let the system work...because you are racist hypocrites. A pocket knife is a pocket knife. a switchblade is a switch blade. Either way, carrying one is not a reason to sever someone's spine.

Fuck off with your "racist teaper" shit, you pissy panty little twat.

Every switchblade is a pocket knife.

Not every pocket knife is a switchblade.

Swiitchblade

Amazon.com Tac Force TF-547WD Assisted Opening Folding Knife 7-Inch Closed Sports Outdoors

Not a switchblade

Amazon.com Kershaw 6034T Emerson Designed CQC-7K Knife Sports Outdoors

Both pocket knives

 

[Nutz]

No, cops are supposed to know the laws they are enforcing...of that were the case, they could arrest you for having a banana and call it a knife.

What all of you racist teapers are doing is back seat driving after the fact...you are refusing to let the system work...because you are racist hypocrites. A pocket knife is a pocket knife. a switchblade is a switch blade. Either way, carrying one is not a reason to sever someone's spine.

Fuck off with your "racist teaper" shit, you pissy panty little twat.

Every switchblade is a pocket knife.

Not every pocket knife is a switchblade.

Swiitchblade

Amazon.com Tac Force TF-547WD Assisted Opening Folding Knife 7-Inch Closed Sports Outdoors

Not a switchblade

Amazon.com Kershaw 6034T Emerson Designed CQC-7K Knife Sports Outdoors

Both pocket knives

Pocket knives...as this knfe was...is not a switchblade. It took a bunch of teaper racists to take the knife apart and find a tiny spring. The purpose f a switchblade s to have a knife spring open and lock. The knife what's his name had dd not spring intp an open locked position. You know this, teaper...you are just letting hate cloud your judgement. If the victim were white...you would be screaming about the right to own knves.

What a fucking teaper hypocrite.

 

[Uncensored2008]

Pocket knives...as this knfe was...is not a switchblade. It took a bunch of teaper racists to take the knife apart and find a tiny spring. The purpose f a switchblade s to have a knife spring open and lock. The knife what's his name had dd not spring intp an open locked position. You know this, teaper...you are just letting hate cloud your judgement. If the victim were white...you would be screaming about the right to own knves.

What a fucking teaper hypocrite.

You're just an idiot, pissy panties.

I already said making any knife illegal is utterly stupid. 95% of folding knives on the market are "spring assisted," AKA switchblades. That he had a knife is an absurd excuse for the behavior of the cops, particularly since he was already in custody and didn't have the knife on him.

 

[Nutz]

Pocket knives...as this knfe was...is not a switchblade. It took a bunch of teaper racists to take the knife apart and find a tiny spring. The purpose f a switchblade s to have a knife spring open and lock. The knife what's his name had dd not spring intp an open locked position. You know this, teaper...you are just letting hate cloud your judgement. If the victim were white...you would be screaming about the right to own knves.

What a fucking teaper hypocrite.

You're just an idiot, pissy panties.

I already said making any knife illegal is utterly stupid. 95% of folding knives on the market are "spring assisted," AKA switchblades. That he had a knife is an absurd excuse for the behavior of the cops, particularly since he was already in custody and didn't have the knife on him.

New word -

YOU ARE A TEAPERCRIT.

 

[SAYIT]

The possibility that it may have been an illegal knife should be enough to dismiss the charges of unwarranted arrest and restraint against the cops, however some sort of negligent homicide charge should stick.

No, cops are supposed to know the laws they are enforcing...of that were the case, they could arrest you for having a banana and call it a knife. What all of you racist teapers are doing is...

"racist teapers" ... blah ... blah ... blah ...
Now disengage your mindless (and I do mean mindless) hate long enough to absorb the facts as we know them: Freddy G was arrested for carrying an illegal knife. Based on a report that said the knife was legal the arresting cops were charged with unwarranted arrest and restraint. Another report said the knife was illegal which would make the arrest warranted and those charges against the cops moot.
Frankly Bubba, I don't remember you being this persistently stupid. WTF happened to you? Did you get AssLipped?

 

[Uncensored2008]

New word -

YOU ARE A TEAPERCRIT.

I think you've huffed enough sterno for one day, pissy panties.

 

[Nutz]

The possibility that it may have been an illegal knife should be enough to dismiss the charges of unwarranted arrest and restraint against the cops, however some sort of negligent homicide charge should stick.

No, cops are supposed to know the laws they are enforcing...of that were the case, they could arrest you for having a banana and call it a knife. What all of you racist teapers are doing is...

"racist teapers" ... blah ... blah ... blah ...
Now disengage your mindless (and I do mean mindless) hate long enough to absorb the facts as we know them: Freddy G was arrested for carrying an illegal knife. Based on a report that said the knife was legal the arresting cops were charged with unwarranted arrest and restraint. Another report said the knife was illegal which would make the arrest warranted and those charges against the cops moot.
Frankly Bubba, I don't remember you being this persistently stupid. WTF happened to you? Did you get AssLipped?

This is the thing, bubba....the cops wanted a reason to take him to jail. They manufactured a charge. Was Freddy a dick...he probably was. But I have seen white people interact with cops when they feel justified, and this shit does not happen.

To me...honestly...I could give two shits about Freddy, Baltimore, the cops and anyone that isn't paying or spreading her legs for me. Nonetheless, I demand that idiot teapers have a logical argument devoid of their hate for blackie.

Be honest...the knife charge was and is BS.

 

[AvgGuyIA]

Oh. Well....theres the first crack in the case. Knife was indeed illegal. STUPID law...but..its a law.

The stupid prosecutor has set the stage for a bigger riot when the ignorant masses in Baltimore start rioting again because the verdict won't be peeling the skin off the 6 cops before Obama throws them off a building to their death.

 

[Uncensored2008]

The stupid prosecutor has set the stage for a bigger riot when the ignorant masses in Baltimore start rioting again because the verdict won't be peeling the skin off the 6 cops before Obama throws them off a building to their death.

I don't care if the knife sang, danced, and did Tai Chi, the fact is that a man's spine was severed when he was in the custody of these 6 cops. Unless they can come up with video of substantial combat from this guy, this is clearly a case of negligent homicide. The knife is simply not relevant to the facts of the case.

 

[SAYIT]

The possibility that it may have been an illegal knife should be enough to dismiss the charges of unwarranted arrest and restraint against the cops, however some sort of negligent homicide charge should stick.

No, cops are supposed to know the laws they are enforcing...of that were the case, they could arrest you for having a banana and call it a knife. What all of you racist teapers are doing is...

"racist teapers" ... blah ... blah ... blah ...
Now disengage your mindless (and I do mean mindless) hate long enough to absorb the facts as we know them: Freddy G was arrested for carrying an illegal knife. Based on a report that said the knife was legal the arresting cops were charged with unwarranted arrest and restraint. Another report said the knife was illegal which would make the arrest warranted and those charges against the cops moot.
Frankly Bubba, I don't remember you being this persistently stupid. WTF happened to you? Did you get AssLipped?

This is the thing, bubba....the cops wanted a reason to take him to jail. They manufactured a charge. Was Freddy a dick...he probably was. But I have seen white people interact with cops when they feel justified, and this shit does not happen.

To me...honestly...I could give two shits about Freddy, Baltimore, the cops and anyone that isn't paying or spreading her legs for me. Nonetheless, I demand that idiot teapers have a logical argument devoid of their hate for blackie.

Be honest...the knife charge was and is BS.

That sounded almost rational (you should try it more often) and I too resent and reject the hate spewed here. We don't know what the cops wanted but if the knife was illegal, the arrest (not his death) was legit. While he wasn't a consistently violent offender, Freddy G certainly was a regular customer for the cops.
His ADULT rap sheet:
March 20, 2015: Possession of a Controlled Dangerous Substance
March 13, 2015: Malicious destruction of property, second-degree assault
January 20, 2015: Fourth-degree burglary, trespassing
January 14, 2015: Possession of a controlled dangerous substance, possession of a controlled dangerous substance with intent to distribute
December 31, 2014: Possession of narcotics with intent to distribute
December 14, 2014: Possession of a controlled dangerous substance
August 31, 2014: Illegal gambling, trespassing
January 25, 2014: Possession of marijuana
September 28, 2013: Distribution of narcotics, unlawful possession of a controlled dangerous substance, second-degree assault, second-degree escape
April 13, 2012: Possession of a controlled dangerous substance with intent to distribute, unlawful possession of a controlled dangerous substance, violation of probation
July 16, 2008: Possession of a controlled dangerous substance, possession with intent to distribute
March 28, 2008: Unlawful possession of a controlled dangerous substance
March 14, 2008: Possession of a controlled dangerous substance with intent to manufacture and distribute
February 11, 2008: Unlawful possession of a controlled dangerous substance, possession of a controlled dangerous substance
August 29, 2007: Possession of a controlled dangerous substance with intent to distribute, violation of probation
August 28, 2007: Possession of marijuana
August 23, 2007: False statement to a peace officer, unlawful possession of a controlled dangerous substance
July 16, 2007: Possession of a controlled dangerous substance with intent to distribute, unlawful possession of a controlled dangerous substance (2 counts)

Freddie Gray Arrest Record Criminal History Rap Sheet Heavy.com

 

[AvgGuyIA]

The most blatant lie is when the police spokesman said that no force was used, despite the video that clearly shows force being used.

WTF Baltimore? Why do you elect such assholes?

He was dead weight and wouldn't walk to the paddy wagon.