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detained and released in Southgate

C

ChuckWagon-SMVM

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Sep 20, 2009
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Westland, Michigan, USA
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Was at Buffalo Wild Wings in Southgate on Eureka rd near Trenton.With my son and 5 friends. Was detained as the result of a citizen (read sheeple) complaint MWAG call. Was released, side arm returned. I was issued a ticket for a knife i was carrying, No further public comment at this time. Would be interested in pm or phone call from any of our legal beagles on the forum. Thank you in advance.

P.S. Hello Murphy ! ! !



:celebrateChuckWagon of the S.M.V.M.
 
C

craigm

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Not looking for any more info, but I'm guessing the knife was in your pocket and their search won't hold up if the reason for them stopping you was your gun alone.
 
SpringerXDacp

SpringerXDacp

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ChuckWagon-SMVM wrote:
Was at Buffalo Wild Wings in Southgate on Eureka rd near Trenton.With my son and 5 friends. Was detained as the result of a citizen (read sheeple) complaint MWAG call. Was released, side arm returned. I was issued a ticket for a knife i was carrying, No further public comment at this time. Would be interested in pm or phone call from any of our legal beagles on the forum. Thank you in advance.

P.S. Hello Murphy ! ! !



:celebrateChuckWagon of the S.M.V.M.
Click to expand...

http://www.handgunlaw.us/documents/USKnife.pdf

Edited to remove irrelevant information
 
1245A Defender

1245A Defender

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north mason county, Washington, USA
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craigm wrote:
Not looking for any more info, but I'm guessing the knife was in your pocket and their search won't hold up if the reason for them stopping you was your gun alone.
Click to expand...
even if the knife is of illegal length of type it is fruit of the poisonous tree, and the charge should be dropped!
 
L

lapeer20m

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good job keeping the details quiet until after you have contacted a lawyer.

sorry to hear about your ordeal.

It should work out ok for you in the end.....

are you working on your foia request today?

did you have a recorder going?

don't take this next part the wrong way....

how did he end up looking in your pockets anyhow?

I have heard several people when asked "do you have any other weapons"

and their reply is "yes, i have a knife in my pocket"

A better response is either no response at all, or a refusal to consent to any search or seizure.

/rant off
 
dougwg

dougwg

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SpringerXDacp wrote:
ETA-2: I've been advised thisincident was notin Westland.
Click to expand...



You should just delete your post as it muddy's the water.

Here is the law for Southgate:

692.02 DANGEROUS WEAPONS PROHIBITED.
(a) No person shall, in the City, possess any machine gun, sawed off shotgun, any instrument or weapon of the kind commonly known as a blackjack, sling shot, sand club, sandbag, switchblade knife or metal knuckles, or any instrument, attachment or appliance for causing the firing of any firearm to be silent or intended to lessen or muffle the noise of the firing of any firearm, except as otherwise permitted by law.

(1974 Code Sec. 9.69)

(b) No person shall, while within the City, possess, with intent to use unlawfully against another or to use in an unlawful manner, whether directed at a person or object, any imitation pistol, dagger, dirk, razor, stiletto, knife, bow, bow and arrow, arrow or other dangerous instrument or instrumentality.

(Ord. 551. Passed 2-23-94.)

692.03 CARRYING CONCEALED WEAPONS.
No person shall have or carry any pistol, knife, dirk, knuckles, sling shot or other dangerous weapon concealed on his or her person.

(Ord. 405. Passed 1-23-85.)

692.04 WEAPONS IN VEHICLES.
No person shall have or carry any pistol, knife, dirk, knuckles, sling shot or dangerous weapon, concealed or otherwise, in any vehicle operated or occupied by him or her.

(Ord. 405. Passed 1-23-85.)
Click to expand...

http://www.amlegal.com/nxt/gateway.dll/Michigan/southgatemi/codifiedordinancesofsouthgatemichigan?f=templates$fn=default.htm$3.0$vid=amlegal:southgate_mi

edit added:
whoever violates or fails to comply with any such provision shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than ninety days, or both, for each offense.
Click to expand...
 
A

autosurgeon

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And this is why I always carry a knife in a sheath or holster rather than my pocket anymore. ESP when carrying a gun. That way it is NOT concealed. I also make sure I know the knife laws for the are I will be traveling in as they are diff in each city/town.

EDITED to add ... I see some unenforceable ord. there that need to be removed!
 
Venator

Venator

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Lansing area, Michigan, USA
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dougwg wrote:
SpringerXDacp wrote:
ETA-2: I've been advised thisincident was notin Westland.
Click to expand...



You should just delete your post as it muddy's the water.

Here is the law for Southgate:

692.02 DANGEROUS WEAPONS PROHIBITED.
(a) No person shall, in the City, possess any machine gun, sawed off shotgun, any instrument or weapon of the kind commonly known as a blackjack, sling shot, sand club, sandbag, switchblade knife or metal knuckles, or any instrument, attachment or appliance for causing the firing of any firearm to be silent or intended to lessen or muffle the noise of the firing of any firearm, except as otherwise permitted by law.

(1974 Code Sec. 9.69)

(b) No person shall, while within the City, possess, with intent to use unlawfully against another or to use in an unlawful manner, whether directed at a person or object, any imitation pistol, dagger, dirk, razor, stiletto, knife, bow, bow and arrow, arrow or other dangerous instrument or instrumentality.

(Ord. 551. Passed 2-23-94.)

692.03 CARRYING CONCEALED WEAPONS.
No person shall have or carry any pistol, knife, dirk, knuckles, sling shot or other dangerous weapon concealed on his or her person.

(Ord. 405. Passed 1-23-85.)

692.04 WEAPONS IN VEHICLES.
No person shall have or carry any pistol, knife, dirk, knuckles, sling shot or dangerous weapon, concealed or otherwise, in any vehicle operated or occupied by him or her.

(Ord. 405. Passed 1-23-85.)
Click to expand...

http://www.amlegal.com/nxt/gateway.dll/Michigan/southgatemi/codifiedordinancesofsouthgatemichigan?f=templates$fn=default.htm.0$vid=amlegal:southgate_mi

edit added:
whoever violates or fails to comply with any such provision shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than ninety days, or both, for each offense.
Click to expand...
Click to expand...

But as people have stated the stop was unlawful so any search after that is inadmissible and this citation should be dropped. Unless he consented to the search which I hope to god he didn't.

This is just an example of an asshole LEO that has to find something to try and discourage OC. Assbag!
 
V

Viper068

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Romulus, Michigan, USA
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I had a chat with the owner of ram horn on fort st about having an oc meet and eat there he said he would research it and let me know will post what he says that was on friday.
 
Taurus850CIA

Taurus850CIA

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, Michigan, USA
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Viper068 wrote:
I had a chat with the owner of ram horn on fort st about having an oc meet and eat there he said he would research it and let me know will post what he says that was on friday.
Click to expand...
Research what?
 
A

autosurgeon

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Lawrence, Michigan, United States
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That is why I contend asking permission is not a good idea... I have gone back and forth on this but have settled on the fact that asking permission to do something perfectly legal is just foolish and tends to lead to being told no out of hand without them ever getting to see what a non issue it really is!
 
SpringerXDacp

SpringerXDacp

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Burton, Michigan
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autosurgeon wrote:
That is why I contend asking permission is not a good idea... I have gone back and forth on this but have settled on the fact that asking permission to do something perfectly legal is just foolish and tends to lead to being told no out of hand without them ever getting to see what a non issue it really is!
Click to expand...

+1

Asking permission leaves waaaaaay too much room for error (denial). e.g. I don't call my local PD and ask permission to drive to the store.
 
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