I've been wondering for a while and I just never thought to ask here, but if a cop wants to confiscate your knife and your knife is within legal parameters, should you allow him to do so? I'm not trying to come off as a dick, and understand that if an officer confiscates your knife there's probably a good reason for it, but if you were carrying around, for example, an expensive custom knife and you get pulled over in a bad area and it's routine for the officer to do pat downs in that area, should he be allowed to take said knife if it's legal? I've never been in this situation myself and don't really plan on being in it, I'm just curious as to if you could politely inform the officer that it's legal, and keep it.
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Confiscation of knives by police.
- Thread starter Xevaris
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My opinion on the matter, and it's just that, an opinion, is that if I am carrying a legal knife in a legal manner and am not doing anything stupid and a LEO insists on confiscating my knife, I would politely INSIST on a legible, dated, signed and printed receipt (and witnessed, if possible).
I would then be VERY insistant in bullying the PTB to return my knife, ASAP.
If the PTB refused to return my illegally confiscated knife, I would then file charges of theft and pursue the matter in all legal methods, including denouncing the individual and system to the media frequently.
One last caveat - I can and will be the south end of a north bound mule when it is, in my opinion, necessary.
I would then be VERY insistant in bullying the PTB to return my knife, ASAP.
If the PTB refused to return my illegally confiscated knife, I would then file charges of theft and pursue the matter in all legal methods, including denouncing the individual and system to the media frequently.
One last caveat - I can and will be the south end of a north bound mule when it is, in my opinion, necessary.
What zzyzzogeton said.
Confiscation of a legal knife is theft, plain and simple. But it's not necessarily wise to physically disobey the man/woman with the badge and the gun.
Let them take it, but insist on a receipt. Even if they try to be "cute" with you by saying "that receipt might come with a citation." Answer "That's fine officer." If you're obeying the law, the citation is toilet paper; the judge will throw it out. If the knife is definitely legal, the cop is actually liable in federal court for deprivation of civil rights (see this case for an example).
Confiscation of a legal knife is theft, plain and simple. But it's not necessarily wise to physically disobey the man/woman with the badge and the gun.
Let them take it, but insist on a receipt. Even if they try to be "cute" with you by saying "that receipt might come with a citation." Answer "That's fine officer." If you're obeying the law, the citation is toilet paper; the judge will throw it out. If the knife is definitely legal, the cop is actually liable in federal court for deprivation of civil rights (see this case for an example).
"Allow" him to confiscate it?
Like you are going to "not allow" him to take it?
I don't see that ending well. Being right is a wonderful thing. Being right and arrested translates into misery.
Those who politely ask for a detailed receipt are probably taking the only reasonable approach. IMHO
Like you are going to "not allow" him to take it?
I don't see that ending well. Being right is a wonderful thing. Being right and arrested translates into misery.
Those who politely ask for a detailed receipt are probably taking the only reasonable approach. IMHO
Resistance equals death, or massive charges that will send you to prison. Assaulting an officer, disorderly conduct, disturbing the peace, resisting an officer, interfering with the lawful duties of an officer, etc.
Die or go to prison. Those are your two options.
Die or go to prison. Those are your two options.
If a member of law enforcement says that they are going to confiscate your knife, and if you know that you are carrying a legal knife in a legal manner, you can try the following-
1. Politely inform the officer that you know the law and cite the specific penal statutes that make your knife and method of carry legal.
2. Inform them that you have in your possession a printout of your local penal code to show them (you may need to be carrying this in order for it to work).
3. Request that the officer call their superior officer on the street to the location to verify the law.
4. Inform the officer that the first thing you are going to do if the cop takes your knife is call your civil attorney and have him meet you at the police station.
Of course, none of this provides any guarantee of success. And your attitude might also play a significant role in the decision of the officer or officers. Some cops simply don't know the law, some might assume that you don't know the law and try to take advantage of you, so politely informing a member of law enforcement that you do in fact know the law might help you keep your knife.
If after all your efforts at the scene, a member of law enforcement insists on confiscating your knife, then there isn't anything you can do about it at that moment. Obviously, any physical resistance on your part will likely be met with pepper spray, a taser, a baton, or gunshots. And you will end up in either the morgue, the hospital, or jail. You can't win an argument with a cop on the street. And you certainly can't win a fight with a cop on the street.
If a cop does insist on confiscating your knife, there are things you can do that might help you get the knife back. Here's a list-
1. Ask for a receipt.
2. Get the cops name and badge number and station location (as well as the names and numbers of any other cops at the scene).
3. Get the license number from the plate on the cops car, as well as any other identifying numbers painted on the car (as well as the plate and numbers from any other cop cars at the scene).
4. Right down the exact time and location when and where the knife was taken.
5. Get the names and phone numbers of any witnesses.
6. Ask any local businesses if they have surveillance cameras that might have recorded the incident.
7. Visit the station and politely request your knife back.
8. Contact a civil attorney.
If you are going to file a complaint, or a civil claim, against a member of law enforcement, any such information might help you. If you are going up against law enforcement, or the legal system, there is no such thing as having too much information on your side.
Here are a few other good ideas-
1. Keep quality photos of your knives. And if one of your knives is confiscated, you can bring a picture of the knife with you to the station to show exactly what the knife looks like. Such photos might also prove valuable if the matter becomes a civil case.
2. Engrave your knives with your personal information. This can make it harder for a cop to lie and claim a knife in his possession isn't yours if it has your name and address engraved on it.
Of course, there are no guarantees when it comes to getting your knife back. And if members of law enforcement are determined to conduct themselves in a corrupt manner, and unless you are wealthy, or have political influence, you are likely going to get screwed.
However, speaking personally, if any piece of my property were unlawfully taken by a member of law enforcement I would use every possible means at my disposal to get it back, and if appropriate, to see that officer punished. Some people in our society are of the attitude that you should never make trouble with the cops, that if you complain or sue that they will make your life hell, but I strongly disagree with that attitude. If you aren't willing to stand up for your rights, don't be surprised if they are violated. When citizens keep quiet about police misconduct out of fear or for the sake of convenience, they only encourage more police misconduct.
And as always, when it comes to legal matters, I recommend consulting with an attorney.
1. Politely inform the officer that you know the law and cite the specific penal statutes that make your knife and method of carry legal.
2. Inform them that you have in your possession a printout of your local penal code to show them (you may need to be carrying this in order for it to work).
3. Request that the officer call their superior officer on the street to the location to verify the law.
4. Inform the officer that the first thing you are going to do if the cop takes your knife is call your civil attorney and have him meet you at the police station.
Of course, none of this provides any guarantee of success. And your attitude might also play a significant role in the decision of the officer or officers. Some cops simply don't know the law, some might assume that you don't know the law and try to take advantage of you, so politely informing a member of law enforcement that you do in fact know the law might help you keep your knife.
If after all your efforts at the scene, a member of law enforcement insists on confiscating your knife, then there isn't anything you can do about it at that moment. Obviously, any physical resistance on your part will likely be met with pepper spray, a taser, a baton, or gunshots. And you will end up in either the morgue, the hospital, or jail. You can't win an argument with a cop on the street. And you certainly can't win a fight with a cop on the street.
If a cop does insist on confiscating your knife, there are things you can do that might help you get the knife back. Here's a list-
1. Ask for a receipt.
2. Get the cops name and badge number and station location (as well as the names and numbers of any other cops at the scene).
3. Get the license number from the plate on the cops car, as well as any other identifying numbers painted on the car (as well as the plate and numbers from any other cop cars at the scene).
4. Right down the exact time and location when and where the knife was taken.
5. Get the names and phone numbers of any witnesses.
6. Ask any local businesses if they have surveillance cameras that might have recorded the incident.
7. Visit the station and politely request your knife back.
8. Contact a civil attorney.
If you are going to file a complaint, or a civil claim, against a member of law enforcement, any such information might help you. If you are going up against law enforcement, or the legal system, there is no such thing as having too much information on your side.
Here are a few other good ideas-
1. Keep quality photos of your knives. And if one of your knives is confiscated, you can bring a picture of the knife with you to the station to show exactly what the knife looks like. Such photos might also prove valuable if the matter becomes a civil case.
2. Engrave your knives with your personal information. This can make it harder for a cop to lie and claim a knife in his possession isn't yours if it has your name and address engraved on it.
Of course, there are no guarantees when it comes to getting your knife back. And if members of law enforcement are determined to conduct themselves in a corrupt manner, and unless you are wealthy, or have political influence, you are likely going to get screwed.
However, speaking personally, if any piece of my property were unlawfully taken by a member of law enforcement I would use every possible means at my disposal to get it back, and if appropriate, to see that officer punished. Some people in our society are of the attitude that you should never make trouble with the cops, that if you complain or sue that they will make your life hell, but I strongly disagree with that attitude. If you aren't willing to stand up for your rights, don't be surprised if they are violated. When citizens keep quiet about police misconduct out of fear or for the sake of convenience, they only encourage more police misconduct.
And as always, when it comes to legal matters, I recommend consulting with an attorney.
Last edited:
powernoodle
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This. A million times this.
Protecting your liberties is fine and dandy, but do you really want to get arrested, thrown in a cell with sodomites, maybe prosecuted for disorderly conduct or worse, maybe get a fine or short jail time, etc. - all for a $100 knife? Not me.
Its my view that if you are extremely deferential to an officer from the outset (saying "yes sir" and "I'm real sorry sir" over and over), and don't dress or act like an a**hat, you'll never get your knife confiscated to begin with. But if it happens, let it happen, then plan your counterattack for later if you think its worth pursuing. I can fathom how it would be extremely frustrating to have Officer Douchbag confiscate your knife. But some things are worse, like having him steal your knife and arrest you.
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I think the most important thing is to be polite. The problem with a lot of the laws is that your knife is perfectly legal to carry...unless the cop believes you have intent to cause harm or something similar. If you come off as an asshole that just seems more likely to me. It probably wouldn't hurt to have that part of the law printed out in your wallet since most of the time I think if the ask to see your knife is if they have you for something else like speeding, or you're not white and live in NYC. Since its probably unrelated if you act calm it may be harder for the cop to say you have intent to use it unlawfully. Now if you pull it out in a bar fight, that's probably your own damn fault.
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I would try to be as polite as possible. Ask for a receipt and be honest with the officer. Or a little more honest. For example, this knife was an expensive gift, or whatever so that it is logged properly. Make it clear to the officer that the knife has more than monetary value and that you are likely to pursue its return. Now that won't work with everything and the type of knife may well come into it. A three-blade jack can be covered by the "my grandpa gave it to me" where a tactical might not so much. You may need to be able to walk away from it, and thats a risk you may have to be willing to take, rights or not.
It may not be that the officer is even thinking about the knife other than to remove it from the situation if they do detain you. And if its poorly logged, someone else may walk off with it. I would say it would be the same in the case that they take anything from you, watch, glasses, wallet. Now that said, depending on your location you might not get traction with the booking officer when they dump your stuff in a baggy and toss it on a shelf, in which case it may be long gone. Personally at this point in time I'd be more worried about my smartphone than anything else in my pockets. Since there are really no rules on what goes on with them. photos, emails, text messages could be used. The messages from that guy at work might link you to his second cousin who is in a gang. Stranger things have happened.
I'm talking in the vast generalities regardless of location or local law. I've never been in a situation where that is a concern, but I do try to keep those things in mind now, unlike when I was younger.
It may not be that the officer is even thinking about the knife other than to remove it from the situation if they do detain you. And if its poorly logged, someone else may walk off with it. I would say it would be the same in the case that they take anything from you, watch, glasses, wallet. Now that said, depending on your location you might not get traction with the booking officer when they dump your stuff in a baggy and toss it on a shelf, in which case it may be long gone. Personally at this point in time I'd be more worried about my smartphone than anything else in my pockets. Since there are really no rules on what goes on with them. photos, emails, text messages could be used. The messages from that guy at work might link you to his second cousin who is in a gang. Stranger things have happened.
I'm talking in the vast generalities regardless of location or local law. I've never been in a situation where that is a concern, but I do try to keep those things in mind now, unlike when I was younger.
Case law from various courts has held time and time again that the interpretation of 4th Amendment protections is much less stringent when subjects are detained by LE rather than arrested. That is to say, as an example, that an LEO can detain and search someone when there exists reasonable suspicion to do so. This could be as simple as a pat down, but could extend to things such as taking possession of things like dangerous weapons (knives, etc) regardless of whether the person is committing a crime by possessing them at the time. Of course, we are talking temporary removal from your possession. Unless you are accused formally of a crime in relation to these items, or they are considered to be evidence related to any criminal act, they should be returned to you at the end of the contact.
As a side note, arrests for simple possession of prohibited weapons that aren't guns are fairly rare in most jurisdictions. There are certainly exceptions to this (NYC), but it is unusual for someone to be charged with a crime for possessing a knife if no other (often more serious) criminal act has occurred. Generally speaking, if you are convicted of a crime related to a knife you possessed, you will never get it back. If you are not, you MAY get it back, states vary on this. This isn't limited to just weapons, it applies to most property. After all, had the FBI not taken possession of it as part of their investigation, George Zimmerman would have been entitled under Florida law to get his gun back...
As a side note, arrests for simple possession of prohibited weapons that aren't guns are fairly rare in most jurisdictions. There are certainly exceptions to this (NYC), but it is unusual for someone to be charged with a crime for possessing a knife if no other (often more serious) criminal act has occurred. Generally speaking, if you are convicted of a crime related to a knife you possessed, you will never get it back. If you are not, you MAY get it back, states vary on this. This isn't limited to just weapons, it applies to most property. After all, had the FBI not taken possession of it as part of their investigation, George Zimmerman would have been entitled under Florida law to get his gun back...
The Supreme Court heard arguments on this question about 3 weeks ago. Their ruling won't come back for several months, but transcripts of the arguments indicated that justices on both sides of the ideological spectrum seemed to take a very skeptical view of warrant-less searches of arrestees phones. We shall see...
I agree with most of the advice you have gotten and would add 1. Make sure you get his name and badge number. 2. Ask that his Supervisor respond to the scene if possible.
Also, there are times a legal knife, becomes illegal. Remember, when asked "do you have any weapons on you?"; if all you have on you is a legal to own and carry knife, the answer should be "NO". Your knife is a tool, not a weapon. Your not carrying that knife to defend yourself. If you need to defend yourself, there are probably better things within reach. When I walk in the evenings I carry a cane, if asked, it's because I have a bad knee. (I can show him the scars) but it does make a fine defensive weapon if need be.
Also, there are times a legal knife, becomes illegal. Remember, when asked "do you have any weapons on you?"; if all you have on you is a legal to own and carry knife, the answer should be "NO". Your knife is a tool, not a weapon. Your not carrying that knife to defend yourself. If you need to defend yourself, there are probably better things within reach. When I walk in the evenings I carry a cane, if asked, it's because I have a bad knee. (I can show him the scars) but it does make a fine defensive weapon if need be.
Keep in mind that if you give them a hard enough time they'll simply seize your knife under your state's civil forfeiture law. You don't have to commit a crime for this to happen, they simply have to claim they have suspicion to believe your property was used in the commission of a crime. Then you're SOL since the burden of proof is on you.
However, in most states you can also get it back after criminal proceedings conclude (most of the time). In Texas at least, LE have to return most personal property taken as evidence unless (and I'm simplifying this to normal speak) they can show that it is essential to an ongoing case to keep possession of it. The burden is still on you (the plaintiff) but most judges tend to side with them unless you are a defendant in a felony case.
Also. what was mentioned about claiming it was used in a crime of course would be perjury if a LEO knew it to be false.
Bigfattyt
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Ignore all these guys.
If the officer tries to take your knife, immediately snatch it out of his hands, and assume an aggressive stance. Flip out the blade and show him it is a legal length.
This is a sure fire way to keep your knife, and show the officer who is boss. Works every time.
If the officer tries to take your knife, immediately snatch it out of his hands, and assume an aggressive stance. Flip out the blade and show him it is a legal length.
This is a sure fire way to keep your knife, and show the officer who is boss. Works every time.
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Don't forget to shout "I know my rights, Pig!" They secretly respect that.
Well, you won't have to worry about getting your knife back...