Arrest, Search, Seizure, Warrant was arrested for possession of a butterfly knife...

[Druidman]

I was arrested, fingerprinted, and released for the possession of a "switch-blade" knife. It's a butterfly knife, 3 inch chrome blade. I was pulled over for speeding, though I wasn't the driver. It was in my backpack in the back seat which was being used to put my clothes in for a trip. I told them I didn't know I had it, and it was a collectable for me. Also that I didn't know it was illegal and the knife had been in the bag for quite a while and I just forgot that it was in there. They found the knife and kept it and released me telling me I was lucky...etc I thought that case was over with.

Now, 3 months later I receive a letter in the mail stating I'm required to go to court for this matter. The town is very small, about 2,000 people. We stopped there for a restroom break. Honestly, it seems they just wanna mess with me. I know it sounds very ignorant but considering I was released that night being told I was lucky and that they are deciding to press charges 3 months after, it doesn't seem right. Plus, the arresting officer wasn't even going to do anything abotu the knife but his senior officer showed up and insisted they "find something to nail" me with(actual quote I overheard at the station).

What should I do? I'm hoping this case can be dropped since I didn't know it was illegal. It's just a collectable knife. I bought it in a gift shop in chicago. I live in Wisconsin and the case is in Wisconsin. Also, it wasn't on my body and I honestly didn't know it was in my backpack. If I am convicted, what kind of sentencing am I facing? Jail time? A fine? I have a class c felony from 1997 but I have no priors to that nor have i been in trouble after that conviction in 1997, other than traffic violations. I am employed as well, i'm 23.

 

[Michael Wechsler]

There may be a couple of ways to deal with this problem but it is clear that we don't have all the facts. Dealing with small towns can be troublesome because justice doesn't always come easy. I might suggest getting an attorney to help deal with the potential bias factor.

Starting from the beginning, I'm not sure why you were searched and would claim that this was an illegal search. It was a speeding ticket for the driver and no more. Illegal search, the finding of the knife is the "fruit from the poisonous tree" and thus must be tossed out. Without more I don't see probably cause.

Additionally, what ordinance were you charged with violating? The best way to fight any charge is to show that all the elements of the charge were not present. I don't know that falling on the mercy of the court will help you by claiming you bought it in a gift shop in Chicago.

I think we are missing parts of the story regarding the search, which may be a good place to attack, as well as the ordinance. The fact that the local officer could have charged you but didn't and his jerk of a superior decided to nail you because he wanted to find something doesn't help you any. If you violated the ordinance you did so. Better to show a motive for the police to have wanted to do something so badly that they didn't obey the law during the search process. But why do you think that they want to mess with you of all people?

Good luck with this and let us know how things turn out.

I was arrested, fingerprinted, and released for the possession of a "switch-blade" knife. It's a butterfly knife, 3 inch chrome blade. I was pulled over for speeding, though I wasn't the driver. It was in my backpack in the back seat which was being used to put my clothes in for a trip. I told them I didn't know I had it, and it was a collectable for me. Also that I didn't know it was illegal and the knife had been in the bag for quite a while and I just forgot that it was in there. They found the knife and kept it and released me telling me I was lucky...etc I thought that case was over with.

Now, 3 months later I receive a letter in the mail stating I'm required to go to court for this matter. The town is very small, about 2,000 people. We stopped there for a restroom break. Honestly, it seems they just wanna mess with me. I know it sounds very ignorant but considering I was released that night being told I was lucky and that they are deciding to press charges 3 months after, it doesn't seem right. Plus, the arresting officer wasn't even going to do anything abotu the knife but his senior officer showed up and insisted they "find something to nail" me with(actual quote I overheard at the station).

What should I do? I'm hoping this case can be dropped since I didn't know it was illegal. It's just a collectable knife. I bought it in a gift shop in chicago. I live in Wisconsin and the case is in Wisconsin. Also, it wasn't on my body and I honestly didn't know it was in my backpack. If I am convicted, what kind of sentencing am I facing? Jail time? A fine? I have a class c felony from 1997 but I have no priors to that nor have i been in trouble after that conviction in 1997, other than traffic violations. I am employed as well, i'm 23.