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local cop problems

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bountyhunterjp

Junior Member
hello this is my first posting i live in pennsylvania
today the town cop knocked on my door and told me my keys were in my ignition i thaught ok no problem but halph way across my yard to my truck he told me that he got a call about me having a bag of weed in my truck and asked to search my truck so i said ok well he didnt find any weed in the truck but he did find some of my pocket knives a pair of numb chucks, a couple of packs of fire crackers and some live rifle shells behind the seat of my truck the truck is not registered to me and my girlfriend who actualy owns the truck was at work

i have had problems with the cop before pulling us over every other day for a report of no insurance wich he checked every other day and i had the whole time then 2 months ago pulling us over for not stopping at a stop sign i made sure i stopped for because i seen him watching me

any way my question is can i be charged with any thing and was it legal for him to sieze my pocket knives without finding any thing drug related(wich was the basis for his search)in my truck? and was it even legal to search my parked truck without the title owner's concent? :confused:
 


stephenk

Senior Member
you gave consent to the search. did you tell the officer that you were not the owner of the truck? anything illegal he found can be used to file charges against you or your girlfriend (depends if you try to blame her for the stuff).
 

Bravo8

Member
The actual titled and registered owner of the vehicle is immaterial. You had "control and custody" of the truck at the time he asked you for consent, and you voluntarily provided such consent. The search was lawful.

As far as charges, possession of ammunition is not a crime, provided they were not prohibited ammunition. Pocket knives are not illegal either, provided they were not automatic knives (aka switchblades). The nunchucks or nunchakus, both spellings are correct, are not illegal either, but that could be a grey area. They are only illegal if the police can articulate why they are a "Prohibited Offensive Weapon", whcih requires them to have no legitimate purpose. Someone involved in the practice of Japanese martial arts could articulate why they serve a lawful purpose, although since you misspelled the name, I would suspect that you are not a martial artist.

Mere possession of fireworks is not a crime. If you had sold or offered for sale, or used the firecrackers, then that would be a crime.
 

I AM ALWAYS LIABLE

Senior Member
bountyhunterjp said:
hello this is my first posting i live in pennsylvania
today the town cop knocked on my door and told me my keys were in my ignition i thaught ok no problem but halph way across my yard to my truck he told me that he got a call about me having a bag of weed in my truck and asked to search my truck so i said ok well he didnt find any weed in the truck but he did find some of my pocket knives a pair of numb chucks, a couple of packs of fire crackers, a bazooka, an F-87 Sabre Jet, a Howitzer cannon, Larry, Moe & Curly, the entire 50th Anniversary Disney Collection, my dead mother-in-law, a Marilyn impersonator, a blackjack table, my collection of 200 Barbie dolls, 3 tombstones from Gettysburg, my Harley-Davidson, the 7 Dwarfs, Regis Philbin, and some live rifle shells behind the seat of my truck


My response:

Nice stuff!

IAAL
 

thomas111

Junior Member
your state should have a HS code stating that its unlawful for anyone to possess illegal fireworks without a permit.

why didnt you just say "NO" -- "I cant let you search the vehicle because I am not the owner of it."
 

CdwJava

Senior Member
thomas111 said:
your state should have a HS code stating that its unlawful for anyone to possess illegal fireworks without a permit.

why didnt you just say "NO" -- "I cant let you search the vehicle because I am not the owner of it."
He may not be the owner, but if he is the one with the keys and is in constructive possession of the car, then he CAN give permission to search the car. He can always refuse said consent, but he can grant it if he chooses to.

- Carl
 

Bravo8

Member
thomas111 said:
your state should have a HS code stating that its unlawful for anyone to possess illegal fireworks without a permit.

We don't. Possession of fireworks isn't necessarily against the law. The sale or use/display of fireworks without the appropriate permit is illegal.
 

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