Sadly, to many of our
young men, and even some adults are falling for the trick question by the New
Jersey traffic cop pulling over a motorist and seeing a pocket knife in the
motor vehicle.
By way of background in New Jersey it is not unlawful for anybody to have in their
motor vehicle or on their person’s a pocket knife or other types of cutting
instruments. For the majority of people the use of a pocket knife is essential
in performing essential routine tasks such as anything from cutting fruit to
opening that heavy duty shrink wrap plastic surrounding the latest item
purchased in a retail store. However,
the law in New
Jersey does
prohibit the possession of a pocket knife or any other type of cutting
instrument for an unlawful purpose.
The traffic cop pulling
you over knows the law, and they know the majority of people do not, and hence,
when they are looking to make an arrest they will ask you the trick question,
which sadly most people fall for.
The question the cop will
ask with that phony, kind, sympathetic face of a concerned person, although
silently salivating for you to fall into the trap, will ask you: “I see you
have a knife is that for self-protection?”
Or the more innocuous question, “Why do you have that knife?” If you answer, “for protection”, 95% of the
time you will be placed under arrest for possession of a knife for an unlawful
purpose. Of course, common sense will
tell you that self-defense is always a defense in the right circumstances, and
the use of a knife to protect yourself under the right circumstances might be a
complete defense to having that knife.
But the cop in the small town with nothing to do but harass people will arrest
you and charge you with that trick question.
Does this really happen in New Jersey, being a criminal defense attorney for 23-years in
New Jersey I see it all the time. Are these types of arrests really the result
of the cop not knowing the law, or sadly just an excuse to lock people up
without cause and justification in order to search their motor vehicle? I do not know the answer to that question,
but it happens all the time.
This is a public service
blog for the people. This legal blog is not
meant to give any particular legal advice on any given case or a legal treatise
or commentary of every aspect of possession of a weapon for unlawful purpose. This blog is not written to disparage honest
and hardworking law enforcement officers who everyday try to do the right
thing, but only those whom seem to use their power, duty and privilege to
oppress, abuse and unfairly use their power to hurt the most vulnerable segment
of our society with impunity.
If you are faced with such
charges you should consult an experienced criminal defense attorney Vincent J. Sanzone,
who has been representing people charged with crimes and disorderly person’s
offenses for 23-years.
Sanzone Firm
Law Office of Vincent J.
Sanzone, Jr.
P.O.
Box 261
277
North Broad Street
Elizabeth, N.J. 07207
(908) 354-7006
Dated: September 17,
2013
