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Thread: CCW 1ST Degree Misdemeanor in Akron

  1. #1
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    CCW 1ST Degree Misdemeanor in Akron

    Greetings fellow Americans! I have recently been drawn into this forum due to an absurd, even scary incident which happened to me personally in Akron, Ohio. After work one evening late last month around 8:30 PM, I stopped at the burger joint next to the highway which I take home. Recently, a large amount or drama has been placed on the dangers and illegalities of driving while texting and talking on the phone. Thus, I went through the drivethru and parked in front of the establishment while eating dinner and listening to my voicemails.

    As I listened and ate, I heard a knock on my car window. An Akron PD cruiser had pulled into the space to my drivers side and parked. There were two officers in the cruiser, the passenger is the one who asked for me to roll my window down. He preceded to ask what I was doing and also asked to search my vehicle.

    I indicated cordially, in fact, that I was eating dinner after getting off work less than a half mile away. He indicated this area is a known drug area. (This was news to me, I knew I wouldn't want my kids going to school here but, I had no problems in the 4 years I've worked in the area)

    I am a mid thirties caucasion male. I keep a clean cut appearance and have no tint on my volkswagen passat windows. (just to remove any stereotypes) I have no felonies on my record. However, I had to learn my lesson twice about a few beers and driving, years ago.

    In an effort to remain cordial and professional, and knowing I had nothing to hide, I permitted the officer to search my vehicle. After giving permission, he immediately, pulled me out of the driver's seat and cuffed me while standing in the burger joint parking lot.

    His partner tore my VW apart inside, searching for I assume drugs or whatever, even though I have no record of any drug use besides alcohol, years ago. While finding nothing, while in cuffs, the officer searched me, and pulled out the pocket knife, from my work pants which I use on a daily basis to break down boxes, strip wires, and use for other tasks at the dealership.

    He asked me what this was when he pulled out my pocketknife. I told him exactly what it is used for and indicated I had a pocket knife in my pocket before searching me, when I was asked if I had anything sharp, needles, etc...

    The next thing I know, the paddy wagon showed up along with the tow truck and I was transported to the Summit County Ohio Jail. The charge was a misdemeanor in the first degree of Carrying a Concealed Weapon.

    I spent the night at the county jail plead not guilty in video court the next morning and then was transported in shackles to the Summit County Courthouse to be arraigned by Judge Holcomb.

    Judge Holcomb offered to give me a $150 fine plus costs and to remainder of a 30 day jail sentence based on my good behavior for 2 years. Keep in mind I would have to plead guilty to this atrocious crime of carrying a pocket knife. (BTW a second CCW is a felony, they might find nailclippers on me in the future)

    I turned down his offer!


    I have since hired a respectable local criminal defense attorney, Kevin Ondrey.

    The knife was a three inch blade locking blade tactical type knife.

    http://www.newegg.com/Product/Produc...9SIA06L03D4750

    I've attached a link for you folks to see the item in question. (Pardon me mods if I didn't attach it correctly)

    If for some reason you have trouble viewing the link, just google Smith and Wesson Extreme Ops Knife SWA3

    This case is currently still in court, but I just wanted to let the community know how unfortunate these laws have become.

    I would love to hear any comments either supporting or otherwise!

  2. #2
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    Don't ever consent to a search!!!!!!!!!!!!!!!!

    The officer must have Reasonable Articulable Suspicion that you have committed, are committing, or about to commit a crime to stop you. The courts have ruled that merely being in a bad part of town does not constitute RAS.

    When stopped by an officer, always ask if you are free to go. If you are, leave. If you are not, CONSENT TO NOTHING!

    Follow your lawyer's advice in this case. He will probably argue that the knife was not a weapon. The police and prosecutors can argue that any tool is a weapon, but it will be up to them to demonstrate in court that it is and not just a tool. I am glad you did not plead guilty. You will likely beat this rap, but you didn't beat the ride.

    All of this was because you consented to what would have otherwise been an illegal search.

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    Regular Member KimberTLE's Avatar
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    CCW 1ST Degree Misdemeanor in Akron

    First thing, even if you don't have anything to hide Don't let them search without a warrant. They are not there to help you they are not your friends. They had no probable cause to search your vehicle or your person. When you gave them permission to do so you waived your right. Second dont ever call a pocket knife a knife it is a tool nothing more nothing less. Lastly I would not put this out there publicly without your attorney's permission. Good luck with everything.

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    Regular Member KimberTLE's Avatar
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    CCW 1ST Degree Misdemeanor in Akron

    Looks like I wasn't fast enough.

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    Campaign Veteran marshaul's Avatar
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    Quote Originally Posted by eye95 View Post
    Don't ever consent to a search!!!!!!!!!!!!!!!!

    The officer must have Reasonable Articulable Suspicion that you have committed, are committing, or about to commit a crime to stop you. The courts have ruled that merely being in a bad part of town does not constitute RAS.

    When stopped by an officer, always ask if you are free to go. If you are, leave. If you are not, CONSENT TO NOTHING!

    Follow your lawyer's advice in this case. He will probably argue that the knife was not a weapon. The police and prosecutors can argue that any tool is a weapon, but it will be up to them to demonstrate in court that it is and not just a tool. I am glad you did not plead guilty. You will likely beat this rap, but you didn't beat the ride.

    All of this was because you consented to what would have otherwise been an illegal search.
    +1

    If you think that, in the eyes of the police, you are "law-abiding" enough that it's safe to consent to a search, do us all a favor instead: go walk down to the police station and confess to some random crime.

    Same result.

    All together now:

    Never. Consent. To. A. Search.

    Never.

    Never.

    Never.

    Never


    Never.

    Never.

    Never.

    Never.

    Never.

    Yes, this means you. The police don't think you are calm, or professional. They think you are a criminal, and all they have to do is find a way to prove it.

    Please, please, please don't help them do it.

  6. #6
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    Time for everyone to watch this video again:


  7. #7
    Regular Member MyWifeSaidYes's Avatar
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    Looks like the OP got a lawyer...waived time...motioned to continue.

    Summit County case #13 CRB 02510

    The arrest was on 3/11/13.


    A person of the same name and birthdate, using the same lawyer, picked up two drug charges in Stow on 3/21/13...one is a felony. Those two cases have been sent to Summit County.


    Click image for larger version. 

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    What was it that Arte Johnson used to say...
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    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

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    K.

    Moving on.

    I don't like being deceived. Methinks now that the cops had lotsa RAS. I no longer care what happens to this guy.

  9. #9
    Regular Member KimberTLE's Avatar
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    CCW 1ST Degree Misdemeanor in Akron

    Sounds like someone got lucky the first time and ditched the dope and then pressed their luck to much. Can you put a link up to the docket?
    Last edited by KimberTLE; 04-08-2013 at 11:07 AM.

  10. #10
    Regular Member MyWifeSaidYes's Avatar
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    Quote Originally Posted by KimberTLE View Post
    Sounds like someone got lucky the first time and ditched the dope and then pressed their luck to much. Can you put a link up to the docket?
    Go here:
    http://www.sccjis.co.summit.oh.us/

    and click on Public Search.

    Once you are in, enter Ben Schneider in the name boxes, select "All Agencies" and "All Case Types", then click "Search".
    ------------------------------------------------------------
    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

    Recoil.

  11. #11
    Regular Member MyWifeSaidYes's Avatar
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    Quote Originally Posted by joanie View Post
    I've been in similar situations. I'm not an expert, not an attorney, so I'll try to be carefull as how to word this only using myself as an example. I've been arrested on bogus or week charges at least half a dozon times, maybe more. Not once have I been convicted. I always had gotten a free public defender. and they always used scare tacticts to convience me to take a plea deal, I always refuse and stick to my guns on a jury trial, they always have dismissed the case rather than letting it go to a jury. Still don't make up for the time spent in jail and losing my job over it, or the countless times I had to go to court over each charge, but aside from a bunch of lies on reports, my record is clean. Once they even tried to have me declared incompident to stand trial so they can stick me with a conviction without a jury trial, their own hired evaluation theripist found me compident to stand trail and said I probibly knew more about the law than my own PD. I should, I've been in court enough times.
    I had some scrapes with the law when I was younger, but they weren't bogus charges...I was just stupid.

    What or who do you blame for being arrested so many times?
    ------------------------------------------------------------
    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

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    Campaign Veteran marshaul's Avatar
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    Quote Originally Posted by MyWifeSaidYes View Post
    I had some scrapes with the law when I was younger, but they weren't bogus charges...I was just stupid.

    What or who do you blame for being arrested so many times?
    You know. I thought the same thing, at first. I've never had any conflict with the law (other than a speeding ticket or whatever). By comparison to myself, folks with frequent troubles are "doing something wrong."

    But you know what? I've known a few such folks. And, 9 times out of 10, they never rose to the level of actual aggression, and found themselves on the "wrong side of the law" because the law was on the wrong side of right, and they weren't too good at avoiding attention.

    So I won't presume to judge. You'd be the better man if you did the same.
    Last edited by marshaul; 04-09-2013 at 09:17 AM.

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    Regular Member MyWifeSaidYes's Avatar
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    Quote Originally Posted by marshaul View Post
    You know. I thought the same thing, at first. I've never had any conflict with the law (other than a speeding ticket or whatever). By comparison to myself, folks with frequent troubles are "doing something wrong."

    But you know what? I've known a few such folks. And, 9 times out of 10, they never rose to the level of actual aggression, and found themselves on the "wrong side of the law" because the law was on the wrong side of right, and they weren't too good at avoiding attention.

    So I won't presume to judge. You'd be the better man if you did the same.
    ??

    Umm, you wanna re-read my post? I never said she was doing something wrong, nor did I presume to judge her.

    I'm simply asking the cause of multiple arrests?

    Is there a cop that has it out for her?

    Does she "look" like she's up to something all the time?

    Does she hang out with people who cops like to arrest and appears 'guilty by association'?

    I don't know the lady. I do not know, nor do I care to know, why she was arrested. But there HAD to be a reason, right? If she was truly getting arrested multiple times for no reason, we should be encouraging her to file suit for civil rights violations...if she hasn't already.
    ------------------------------------------------------------
    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

    Recoil.

  14. #14
    Regular Member KimberTLE's Avatar
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    CCW 1ST Degree Misdemeanor in Akron

    Quote Originally Posted by MyWifeSaidYes View Post
    Go here:
    http://www.sccjis.co.summit.oh.us/

    and click on Public Search.

    Once you are in, enter Ben Schneider in the name boxes, select "All Agencies" and "All Case Types", then click "Search".
    Looks like the same birth dates but different addresses in fact almost all his cases he had a different address

  15. #15
    Regular Member MyWifeSaidYes's Avatar
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    I was willing to think it could be a different person, until I saw the same defense lawyer on each case.
    ------------------------------------------------------------
    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

    Recoil.

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    Quote Originally Posted by MyWifeSaidYes View Post
    ??

    Umm, you wanna re-read my post? I never said she was doing something wrong, nor did I presume to judge her.

    I'm simply asking the cause of multiple arrests?

    Is there a cop that has it out for her?

    Does she "look" like she's up to something all the time?

    Does she hang out with people who cops like to arrest and appears 'guilty by association'?

    I don't know the lady. I do not know, nor do I care to know, why she was arrested. But there HAD to be a reason, right? If she was truly getting arrested multiple times for no reason, we should be encouraging her to file suit for civil rights violations...if she hasn't already.
    I saw zero judgment in your post, just an inquiry.

  17. #17
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    Quote Originally Posted by MyWifeSaidYes View Post
    I was willing to think it could be a different person, until I saw the same defense lawyer on each case.
    The OP has not been back. That gives me pause.

    If he comes back, he can answer the questions that seem to have come up.

    If he does not come back, I tend to believe that you are on to something there. Right now, I assign the OP zero credibility.

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    Quote Originally Posted by eye95 View Post
    The OP has not been back. That gives me pause.

    If he comes back, he can answer the questions that seem to have come up.

    If he does not come back, I tend to believe that you are on to something there. Right now, I assign the OP zero credibility.
    I have learned to wait to see some more posts of support, before I respond.
    Now It seem I really dont need to,,, Eye95 has said it for me,
    the OP has one post and has not returned,
    This is probably a hoax, but a really cool story, but it is a sad story, to stirr us up, oh no!
    Last edited by 1245A Defender; 04-09-2013 at 10:58 AM.
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    “If ever a time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.”

    Stand up for your Rights,, They have no authority on their own...

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    Regular Member WalkingWolf's Avatar
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    Well, his record does not help his credibility, BUT. If he was arrested for just a small pocket cutting tool as concealed weapon, IMO it is bullhockey. The officers should be ashamed for wasting the money of tax payers. Because the OP may or may not be a criminal has no bearing on a possibly illegal arrest, just because they did not catch him with the goods that time. Maybe someone from Ohio can give us the scoop on carrying a pocket knife in Ohio.

    It appears from State v. Anderson, that a knife that can be opened by one hand in Ohio is a deadly weapon. While personally I think it is silly, it is the law. The OP should have known the laws pertaining to carrying a pocket knife in Ohio.
    Last edited by WalkingWolf; 04-10-2013 at 02:07 AM.
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    Quote Originally Posted by MyWifeSaidYes View Post
    Looks like the OP got a lawyer...waived time...motioned to continue.

    Summit County case #13 CRB 02510

    The arrest was on 3/11/13.

    A person of the same name and birthdate, using the same lawyer, picked up two drug charges in Stow on 3/21/13...one is a felony. Those two cases have been sent to Summit County.
    Not just any drug charges, either.

    Illegal Assembly/Possession of Chemicals + Prohibited Purchase of Pseudoephedrine = Cooking Meth

    Don't forget to burp the bottle, dude.

  21. #21
    Regular Member MyWifeSaidYes's Avatar
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    Ohio doesn't actually have any "knife" laws for adults.

    These are the applicable sections of the Ohio Revised Code:

    2923.11 Weapons control definitions.
    As used in sections 2923.11 to 2923.24 of the Revised Code:
    (A) "Deadly weapon" means any instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon, or possessed, carried, or used as a weapon.
    ...
    2923.12 Carrying concealed weapons.
    (A) No person shall knowingly carry or have, concealed on the person's person or concealed ready at hand, any of the following:
    (1) A deadly weapon other than a handgun;
    (2) A handgun other than a dangerous ordnance;
    (3) A dangerous ordnance.
    ...
    And, of course, there is no preemption for knife laws, so each municipality can have their own restrictions.
    ------------------------------------------------------------
    What does a caring, sensitive person feel when they are forced to use a handgun to stop a threat?

    Recoil.

  22. #22
    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by MyWifeSaidYes View Post
    Ohio doesn't actually have any "knife" laws for adults.

    These are the applicable sections of the Ohio Revised Code:




    And, of course, there is no preemption for knife laws, so each municipality can have their own restrictions.
    From what I gather from state V Anderson the OP is pretty much screwed. The knife he had was a tactical knife that could be opened with one hand.

    Considering his run ins with the law, he should have been smart enough to research what kind of knife is/was legal.
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    Campaign Veteran marshaul's Avatar
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    Quote Originally Posted by MyWifeSaidYes View Post
    ??

    Umm, you wanna re-read my post? I never said she was doing something wrong, nor did I presume to judge her.

    I'm simply asking the cause of multiple arrests?

    Is there a cop that has it out for her?

    Does she "look" like she's up to something all the time?

    Does she hang out with people who cops like to arrest and appears 'guilty by association'?

    I don't know the lady. I do not know, nor do I care to know, why she was arrested. But there HAD to be a reason, right? If she was truly getting arrested multiple times for no reason, we should be encouraging her to file suit for civil rights violations...if she hasn't already.
    I was going to apologize, then I re-read what you wrote:

    Quote Originally Posted by MyWifeSaidYes View Post
    I had some scrapes with the law when I was younger, but they weren't bogus charges...I was just stupid.

    What or who do you blame for being arrested so many times?
    Sorry, but your wording comes across to me as being implicitly judgmental. If it wasn't intended to be, fine, I have no problem taking your word for it. But your question comes across as entirely rhetorical, thereby not a straightforward question, and therefore intending to suggest some point. That's the point I took from it.
    Last edited by marshaul; 04-10-2013 at 09:44 AM.

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    Quote Originally Posted by WalkingWolf View Post
    From what I gather from state V Anderson the OP is pretty much screwed. The knife he had was a tactical knife that could be opened with one hand.
    Don't put too much weight on Anderson. Aside from being 30+ years old, it really didn't give a black-and-white definition of whether a specific knife is a "weapon." Yes, one-handed opening is a major consideration, but it's not the only factor to consider, and there is no firm definition; it's a jury question.

    If you want a more complete discussion of the issue, a better place to look is State v. Cattledge, 2010-Ohio-4953, which includes rulings from multiple Ohio appellate districts and descriptions of the knives and circumstances in each of the cases cited.

    Rule of Thumb: If you're looking for work knife which you can carry concealed, avoid tacticool. It's really not worth the risk just to look like a scary bad dude. If you want something with a thumb knob, opt for a short blade and a utilitarian appearance. This is what I usually carry.

  25. #25
    Regular Member WalkingWolf's Avatar
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    Quote Originally Posted by Werz View Post
    Don't put too much weight on Anderson. Aside from being 30+ years old, it really didn't give a black-and-white definition of whether a specific knife is a "weapon." Yes, one-handed opening is a major consideration, but it's not the only factor to consider, and there is no firm definition; it's a jury question.

    If you want a more complete discussion of the issue, a better place to look is State v. Cattledge, 2010-Ohio-4953, which includes rulings from multiple Ohio appellate districts and descriptions of the knives and circumstances in each of the cases cited.

    Rule of Thumb: If you're looking for work knife which you can carry concealed, avoid tacticool. It's really not worth the risk just to look like a scary bad dude. If you want something with a thumb knob, opt for a short blade and a utilitarian appearance. This is what I usually carry.
    Or carry the knife in a pouch that is clearly recognizable as a knife case. Or use a open top knife sheath, when I was younger I always kept my 110 clone in a sheath on my belt, and openly in high school, nothing was ever said. IMO these laws for folding knives are ridiculous and a waste of tax payers money. I carry a very small 3 blade non locking knife, very old school type in my pocket, but I always have a fixed blade on my belt in open view.

    As far as the knife opening by one hand, IMO that does not make a knife a weapon, it makes it a better tool for when one hand is occupied when the knife is needed.
    It is well that war is so terrible – otherwise we would grow too fond of it.
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