Ok, my question isn't as stupid as it sounds. What's a switchblade under Penal code 46.01's definition?
11) "Switchblade knife" means any knife that has a
blade that folds, closes, or retracts into the handle or sheath, and
that:
(A) opens automatically by pressure applied to a
button or other device located on the handle; or
(B) opens or releases a blade from the handle or
sheath by the force of gravity or by the application of centrifugal
force.
I understand the (A) definition, but not the (B) definition. I've been told a few different stories on this one. I've been told that it includes any knife that you can "flick" open (which, includes most single bladed knives today). I've also been told in the Police Academy that it only includes knifes that basically have no retention to the blade (as in, the blade is free to swing) and also that the law was pointed towards butterfly knives (which they would clearly fit in the definition). Is there any case law out there on this? Thanks for any help that any one gives me. Have a good day.

Andrew
ps. Mods, if this is too much like legal advice then lock it down please, and sorry about over stepping the bounds of this forum.

[This message was edited by UTD720 on 07-31-04 at .]

[This message was edited by UTD720 on 07-31-04 at .]

It has two handles that flip open when you twist your wrist in circles. It's illegal because the manner in which the blade is exposed is specifically designed for intimidation.

Basically, you hold one of the two parts of the handle and flip the rest of the blade around in a showy display that ends with you holding a single edged blade, usually 5 inches or so in a threatening manner.

Any blade that can be opened in a similar manner would qualify. The trick is, if the blade has any spring or mechanism that keeps it from opening without assistance, it doesn't qualify. Most knives now have a small thumb piece that allows you to open the knife with a flick, but that doesn't qualify as centrifugal force. Basically, it has to be so loose (and designed that way) that if you held the handle the blade would fall open of its own accord.

[This message was edited by Philip D Ray on 08-02-04 at .]

Those things were big back in the 80s when I was in school. See here for a sample:

For Sale (Arlington, TX)

I can't quote you chapter and verse, but my understanding was that common pocket knives, etc., that can be opened by placing the thumb on the blade and pushing it outward, around, and up, do not meet the definition of (A) or (B). To be illegal, it must involve a mechanical contrivance or be a butterfly-like contraption.

Thanks for ya'lls help. That's pretty much what I figured, and what makes the most sense. The Penal Code instructor said basically the same thing as well, but I wanted to get some other opinions. Clearly a butterfly knife meets the criteria of this section; it basically has no spring or device holding the blade in the handle. I was more wondering how far the law took the centrifugal force concept. On face value that'd include any knife that you can flick with your wrist open. To my reading, though, the spirit of the law is meant towards gravity knives (that have no retention) and butterfly knives. Again, thanks for your help.

Andrew

P.S. In the academy we're now going through Arrest, Search and Seizure law. It�s quite interesting to go over a lot of the case law (which I�m sure is mostly old hat for ya�ll, but for me somewhat mixed, both new and old stuff). I�m learning a lot, which is always good.

(apologies to John B. for mis-quoting him.)

UTD, I am an ex-law enforcement officer and I am glad to hear that you find the search & seizure stuff interesting. I can tell you that aside from the tactics that keep your butt alive and safe, the search & seizure law is probably some of the most important stuff you will learn. All the close calls I deal with as a prosecutor seem to revolve around that area. The difference between a good search and a bad one is often nothing more than the reason(s) an officer articulates.

Many of your classmates may not care about why "Miranda" rights must be read, or when. They won't retain the tools that give you all kinds of help when a car may need to get searched. But let me assure you, if you learn those laws well and understand them, you will be the one your co-workers (and even supervisors) turn to when they have a tough question on the street. In fact if you know this stuff the questions won't even be that tough to YOU.

TDCAA and Gould's also make excellent resources you can carry on patrol with you. There is so much helpful law to remember that it's hard to keep track of it all. One good search & seizure law book can help your career immensely. Although the law is still occasionally being altered, the basics are probably 90% settled. That means that almost all the common fact situations have already been dealt with by the courts, and all you have to do is know where to look!

Sorry to ramble. This board is a great place to ask if you need answers, too. Let me know if you want help with those books.