CL Ch. 18 Dangeorus Weapons Flashcards
Type 2: Non Per Se weapon possessed During Arrest:
The suspect was arrested (Blank- 2) and, at the time of his arrest, the suspect had on his person or under his control in a vehicle; a non per se weapon (ex. billy club or other dangerous weapon not specifically mentioned in 269 Sec 10 as “per se”)
- on a warrant for an alleged crime; or
- without a warrant for a crime involving a breach of the peace
Note: This offense in inapplicable to firearms, rifles, shotguns, and all the Per Se weapons mentioned in 269 sec 10.
Carrying a Dangerous Weapon Ch. 269 Sec 10B
ROA:
Felony.
Type 1: “Carrying” a per se weapon: 269 Sec 10 prohibits carrying the various items listed in the statute. There is a distinction between possessing a weapon and carrying one. Possession requires control over the item, while carrying requires:
movement.
Thus, a person may possess per se weapons at this home, office, or other place for legitimate reasons (ex a martial arts instructor or a knife collector).
The crime occurs when one walks or drives around with a prohibited weapon.
A per se dangerous weapon is specifically listed in the statute. The laundry list of 269 Sec. 10B can be broken down into these three categories:
- knives
- martial arts
- miscellaneous
Dirk knife:
long straight blade typically over 7”
Dangerous weapons:
Is how a suspect carries and stores a knife a key consideration in whether it is considered a stabbing weapon?
Yes.
“It is not our intention to delineate exactly what combination of characteristics defines a dirk-like blade, or state that a 5’ blade can never be enough… other characteristics, such as a blade tapering to a sharpened tip, may indicate that the knife was designed for stabbing”
Why is a dagger a dangerous weapon.
A dagger is designed for stabbing.
Ex. defendant used what the witness described as a pimp cane (with a thin, 12” blade) He pulled the cover off the cane and stabbed the victim 3 times. This weapon was not a dirk knife because the blade did not fold into its handle. However, it was a dagger- as shown by the thin blade and extent of the victim’s injuries.
Dangerous weapons: Per Se
Knife with locking mechanism not enough, by itself. The knife must have a (blank or blank) that allows the blade to be drawn in a locked position.
device or case
Dangerous weapons
Double-edged blade: Is it necessary for the weapon to be double-edged along its entire length?
No.
Ex. Homemade knife found on prison inmate qualified as a double edged blade under 269 Sec 10B- First, the weapon had a primary purpose of inflicting physical harm on an adversary 2. the statue covers “any knife” so it did not matter that the metal piece had no clearly marked handle. 3. The sharpened end was double-edged.
Is a baton a blackjack, and thus a per se dangerous weapon?
No. an “expandable baton” of the type carried by police officers is not a per se dangerous weapon because it is not specifically listed in the statute and not considered a blackjack.
Type 2: Non Per Se Dangerous Weapon Possessed During Arrest:
This part of the statute is designed to discourage carrying a weapon that might be used against:
arresting officers.
It applies to arrests involving a warrant or breach of peace.
Type 2: Non Per Se Dangerous Weapon Possessed During Arrest:
Applies to any warrant, even default warrant: The warrant must be the:
reason for arrest.
Ex. after Ford was arrested for a robbery, officer found a knife on his person; when police later learned of his outstanding arrest warrants, they could not charge Ford with carrying a dangerous weapon when arrested under a warrant.
During a traffic stop at 2:25 am in Boston, Officer Young saw Turner, the front seat passenger, get out of the car and walk away. Turner ignored Young’s demand that he return to the vehicle. Young frisked Turner and discovered a closed, black folding knife in his rear pants pocket. Young was arrested on an outstanding warrant and charged with 269 Sec 10B. Turner’s knife- a common folding knife with a 3.25 inch blade- was clearly not a per se weapon. Sufficient or Insufficient evidence to charge 269 Sec 10B?
Insufficient.
The reason: the knife was folded in the defendant’s pocket and never posed a threat of harm. This decision would have been different if Turner had the blade out of was reaching for the knife as the officer approached.
A pedestrian alerted Officer Fenlon at 2:30AM that a man was seen holding a knife. Fenlon saw Douglas Molligi with a knife in his hand in an area of moderate pedestrain traffic from surrounding bars. Molligi darted out in front of Fenlon’s cruiser. Fenlon shouted at him to stop. After a short chase, Fenlon told Molligi to put his hands up and drew his weapon. Fenlon handcuffed and searched him, finding a steak knife with a 4” blade. Since Molligi was arrested for disorderly conduct, he was also charged with 269 Sec. 10B for possessing the knife during his disorderly episode. Was this appropriate?
Yes.
Molligi was properly charged with a separate crime of 269 Sec 10B.
John Davenport was arrested. His pickup and camper were seized and searched under a warrant. A spring loaded knife with a 4 inch blade was found in the sleeping area. Can Davenport be charged under 269 Sec. 10B?
Yes. A “vehicle” includes a camper in the bed of a pickup truck.
A vehicle is designed to carry people or things. The camper mounted in a truck fell within that definition, which does not require that a vehicle have its own motot. The camper was not exclusively a residence, at least here, because Davenport had recently used it to drive from one walmart to another. The knife was shown to be ‘under his control’ in the vehicle because a detective witness davenport alone in the camper for atleast 20 min with the knife in his sleeping area.
