Facing court for possession of switchblade in the State of California.

[Guerrero1968]

I was walking to my friends house. I was questioned by police due to a call to a domestic disturbance. I voluntarily surrendered a switchblade, I did not know was illegal to carry after he asked me if I had any weapons. I am not sure if the 4th amendment was violated because he did ask me if I had weapons, I said yes but I didn't consent to a search. I was booked and given a ticket to appear in court. I was never given a receipt for the knife. Is there a chance this could be dismissed? Should I file a motion to dismiss? What can I expect in court?

What is the punishment for this? This is referenced as California Penal Code 21510(b)

"21510. Every person who does any of the following with a
switchblade knife having a blade two or more inches in length is
guilty of a misdemeanor:
(a) Possesses the knife in the passenger's or driver's area of any
motor vehicle in any public place or place open to the public.
(b) Carries the knife upon the person.
(c) Sells, offers for sale, exposes for sale, loans, transfers, or
gives the knife to any other person."

Shall I take an offer from the prosecutor or go to trial? My record has been clean for 10 years.

 

[dave33]

It sounds like a plea deal is in your future.

It is perfectly reasonable of an officer to ask if you have any weapons. You volunteered the knife. No need to search. No violation.

 

[CdwJava]

I was walking to my friends house. I was questioned by police due to a call to a domestic disturbance. I voluntarily surrendered a switchblade, I did not know was illegal to carry after he asked me if I had any weapons. I am not sure if the 4th amendment was violated because he did ask me if I had weapons, I said yes but I didn't consent to a search. I was booked and given a ticket to appear in court. I was never given a receipt for the knife. Is there a chance this could be dismissed? Should I file a motion to dismiss? What can I expect in court?

He ASKED and you gave it up. No 4th Amendment issue with that at all.

Potentially, you could go to jail for up to 6 months and/or pay a fine of up to $1,000. Most likely this will result in court probation if charges are pursued by the DA at all.