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| Gotta Love Spidey! My Philosophy Teacher. from dan-dare.org |
Peter Parker (as Spiderman)
"With Great Power Comes Great Responsibility"
"This is my gift, my curse"
Many people are skeptical of the honesty of the police. The Primary Question: Are they really going to be honest and truthful in their dealings with me as a citizen? Well to simplify, the police have a dual role or function in our society: to serve and protect /to investigate and charge crime. They have authority, power, and the enormous responsibility to use them properly and appropriately.
Can they be done together? Unlikely? In a perfect world they have to use common sense, and be psychologists, social workers, and enforcers all at the same time. A good law enforcement officer is under a lot of stress to fulfill these roles with the care and attention they deserve.
One Example: The police stop your friend's car for speeding. Everyone in the car is ordered out. The car and it's occupants are searched, a folding knife is found in the car.
What can happen now? What can happen to everybody in the car?
New York States's Weapon Law is Seriously NOT in your Favor
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Section 265.01 Criminal Possession of a weapon in the 4th degree
A person is guilty of criminal possession of a weapon in the fourth degree when:
(1) He or she possesses any firearm, electronic dart gun, electronic
stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal
knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles,
metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type
slingshot or slungshot, shirken or "Kung Fu star"; or
(2) He possesses any dagger, dangerous knife, dirk, razor, stiletto,
imitation pistol, or any other dangerous or deadly instrument or weapon
with intent to use the same unlawfully against another; or
(3); or
(4) He possesses a rifle, shotgun, antique firearm, black powder
rifle, black powder shotgun, or any muzzle-loading firearm, and has been
convicted of a felony or serious offense; or
(5) He possesses any dangerous or deadly weapon and is not a citizen
of the United States; or
(6) He is a person who has been certified not suitable to possess a
rifle or shotgun, as defined in subdivision sixteen of section 265.00,
and refuses to yield possession of such rifle or shotgun upon the demand
of a police officer. Whenever a person is certified not suitable to
possess a rifle or shotgun, a member of the police department to which
such certification is made, or of the state police, shall forthwith
seize any rifle or shotgun possessed by such person. A rifle or shotgun
seized as herein provided shall not be destroyed, but shall be delivered
to the headquarters of such police department, or state police, and
there retained until the aforesaid certificate has been rescinded by the
director or physician in charge, or other disposition of such rifle or
shotgun has been ordered or authorized by a court of competent
jurisdiction.
(7) He knowingly possesses a bullet containing an explosive substance
designed to detonate upon impact.
(8) He possesses any armor piercing ammunition with intent to use the
same unlawfully against another.
Criminal possession of a weapon in the fourth degree is a class A misdemeanor.
Remember that the Police need to know and understand the laws they have given their oath to protect and enforce.
Who determines if it is a "dangerous" knife?
The police!
If it looks (appears) to be dangerous, it is! In NYC it also has a 4" limit legally speaking.
If it looks like a duck, walks like a duck, and sounds like a duck, well it's probably a DUCK!
Who determines if you have "the intent" to use it unlawfully against another?
The police!
The INTENT to USE IT UNLAWFULLY AGAINST ANOTHER IS THE KEY HERE! because
Law enforcement officers (LEOs), the police make all these determinations.
But the law is again on their side in making such a crucial determination. Once a car is stopped, all they need is Probable cause for a legal stop (any traffic violation or equipment violation) then it (the car) and the passengers in it (and their bags) can also be searched LEGALLY in New York State!
POSSESSION IN NEW YORK IS both PRESUMPTIVE POSSESSION AND INTENT
§ 265.15 Presumptions of possession, unlawful intent and defacement.
1. The presence in any room, dwelling, structure or vehicle of any machine-gun is presumptive evidence of its unlawful possession by all persons occupying the place where such machine-gun is found. 2. The presence in any stolen vehicle of any weapon, instrument, appliance or substance specified in sections 265.01, 265.02, 265.03, 265.04 and 265.05 is presumptive evidence of its possession by all persons occupying such vehicle at the time such weapon, instrument, appliance or substance is found. 3. The presence in an automobile, other than a stolen one or a public omnibus, of any firearm, large capacity ammunition feeding device, defaced firearm, defaced rifle or shotgun, defaced large capacity ammunition feeding device, firearm silencer, explosive or incendiary bomb, bombshell, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, dagger, dirk, stiletto, billy, blackjack, plastic knuckles, metal knuckles, chuka stick, sandbag, sandclub or slungshot is presumptive evidence of its possession by ALL persons occupying such automobile at the time such weapon, instrument or appliance is found, except under the following circumstances: (a) if such weapon, instrument or appliance is found upon the person of one of the occupants therein; (b) if such weapon, instrument or appliance is found in an automobile which is being operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his or her trade, then such presumption shall not apply to the driver; or (c) if the weapon so found is a pistol or revolver and one of the occupants, not present under duress, has in his or her possession a valid license to have and carry concealed the same. 4. The possession by any person of the substance as specified in section 265.04 is presumptive evidence of possessing such substance with intent to use the same unlawfully against the person or property of another if such person is not licensed or otherwise authorized to possess such substance. The possession by any person of any dagger, dirk, stiletto, dangerous knife or any other weapon, instrument, appliance or substance designed, made or adapted for use primarily as a weapon, is presumptive evidence of intent to use the same
unlawfully against another. 5. The possession by any person of a defaced machine-gun, firearm, rifle or shotgun is presumptive evidence that such person defaced the same. 6. The possession of five or more firearms by any person is presumptive evidence that such person possessed the firearms with the intent to sell same.
If they find weapons or drugs, one and all can be charged with crimes.
It is up to the police (very subjective) whether to charge one or all of the people in the car with the crime (misdemeanor) criminal possession of a weapon in the 4th degree.
KEY TAKEAWAY: What all this really means is that you better know the people you are traveling with AND you better know about what's in their car, or else it's your ass on the line if they get stopped.
Always consult with an attorney about any criminal or non-criminal charges you have pending to discuss your options and/or defenses.
newman.lawrence@gmail.com
607-229-5184
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