Penal Code 21310 PC – California's law against concealed dirks or daggers – makes it a crime to carry a concealed straight knife which can be used to stab and seriously injure someone.
Legally, "dirk" and "dagger" mean the same thing. Penal Code 16470 PC defines them as:
- a knife or other instrument,
- with or without a hand guard,
- that is capable of ready use as a stabbing weapon, and
- that may inflict a significant or substantial physical injury or death.1
Folding knives (other than switchblades) are considered stabbing weapons that may inflict great bodily injury or death only if:
- the blade of the knife is exposed, and
- the blade is locked into position.
In other words, you may carry a folding pocket knife or utility knife concealed upon your person... if it is closed or if the blade can't be locked. Straight knives... and folding knives that are opened and locked... may be worn under California's "open-carry" knife law (Penal Code 20200 PC) if they are:
- carried in a sheath, and
- the sheath is worn openly suspended from your waist.2
Other types of knives -- including switchblades, ballistic knives and "novelty" knives, such as lipstick knives and cane knives -- may not be carried on your person under any circumstances.
Penalty for carrying a concealed dirk or dagger in California
- up to 1 year in county jail, and/or
- up to a $1,000 fine.
As a felony, it carries:
- 16 months, or two or three years in county jail, and/or
- up to a $10,000 fine.3
Fortunately, there are a number of potential legal defenses that may help you successfully fight charges of carrying a concealed dirk or dagger in violation of Penal Code 21310.
These include (but are not limited to):
- your knife doesn't meet the legal definition of a dirk or dagger;
- your knife wasn't concealed;
- you didn't know you were carrying a concealed dirk or dagger;
- the knife was discovered during an illegal search and seizure; and/or
- police misconduct.
To help you better understand the nuances of California's concealed dirks and daggers laws, our California criminal defense lawyers4 will discuss the following, below:
- 1. The legal definition of "dirk and dagger"
- 2. Switchblades and ballistic knives
- 3. Elements of "carrying a concealed dirk or dagger" under Penal Code 21310 PC
- 3.1. "Knowingly carried"
- 3.2. Knowledge of use as a stabbing weapon
- 3.3. Substantially and knowingly concealed
- 4. How to fight a charge of carrying a concealed dirk or dagger
- 5. Penalties for carrying a concealed dirk or dagger
- 6. Related California weapons laws
- 6.1. Other prohibited knives
- 6.2. Special restrictions on knives in public buildings and schools – Penal Code 171b and 626.10
- 6.3. Brandishing a weapon -- Penal Code 417 PC
- 6.4. Assault with a deadly weapon -- Penal Code 245(a)(1) PC
- 6.5. California's sentencing enhancement for personal use of a dangerous or deadly weapon -- Penal Code 12022 PC
If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.
California Penal Code 21310 PC5 makes it a crime to carry a concealed dirk or dagger on your person.
But what is a dirk or a dagger?
Penal Code 16470 PC defines both "dirk" and "dagger" as:
- a knife or other instrument,
- with or without a hand guard,
- that is capable of ready use as a stabbing weapon, and
- that may inflict great bodily injury or death.
Under Penal Code 16600 and 12022.7, California law defines "great bodily injury" as a significant or substantial physical injury.6
Knives with characteristics that substantially limit their effectiveness as a stabbing weapon... for example, a bread knife with a serrated edge and a rounded end... are not dirks or daggers under California law.7
Under Penal Code 16470, the following are considered capable of ready use as a stabbing weapon that may inflict great bodily injury or death... only if the blade of the knife is exposed and locked into position:
- pocket knives,
- non-locking folding knives, and
- other folding knives that don't meet the definition of a switchblade.8
California Penal Code 21510 PC makes "possession of a switchblade" a misdemeanor. This law applies regardless of whether the switchblade is carried openly, or concealed. If you are convicted of carrying a switchblade, you can be punished by as much as:
- up to six (6) months in county jail, and/or
- a fine of up to $1,000.
In other words, there is no "open-carry" exception to the switchblade laws.
But note that if you carry a switchblade concealed on your person, you could, at the prosecutor's discretion, be charged with carrying a concealed dirk or dagger, which carries a longer maximum sentence:
- up to one (1) year in county jail as a misdemeanor, or
- up to 3 years in county jail as a felony.9
As Rancho Cucamonga criminal defense attorney Nicole Valera explains10 :
"This is just one example of why it is so important to consult with a criminal defense lawyer who is well-versed in California weapons laws. A criminal defense attorney who has a thorough understanding of these laws knows exactly what conduct is and is not prohibited...knowledge essential to building a successful defense."
Penal Code 1723511 defines a "switchblade knife" as a knife which:
- has the appearance of a pocketknife, and
- has a blade, or blades, two or more inches in length, which can be released automatically by:
- a flick of a button,
- pressure on the handle,
- a flip of the wrist, or
- another mechanical device,
or which is/are released by the weight of the blade(s) or by any type of mechanism whatsoever.12
The exception is a knife that can be opened by thumb pressure applied to the blade... or by a thumb stud... provided that the knife has a mechanism which provides resistance to opening.
In other words, if a knife can be opened automatically with just the press of a button or just a quick flip of the wrist and it has no mechanism to "bias it towards closure," it is a switchblade under California law.
Similar knives that are illegal under the switchblade laws include
- spring-blade knives,
- snap-blade knives,
- gravity knives and balisongs, also known as batangas, butterfly knives, or fan knives.
Ballistic knives, although technically spring-loaded, are neither switchblades -- nor dirks or daggers -- under California law. They are covered by Penal Code 16220 and 21110.13 Possession of a ballistic knife is punishable by up to one (1) year in county jail.
To sustain the offense of carrying a concealed dirk or dagger, the prosecution must prove that:
- you carried on your person a dirk or dagger;
- the dirk or dagger was substantially concealed;
- you knew that you were carrying it; and
- you knew that it could readily be used as a stabbing weapon.14
Let's take a closer look at some of these elements of proof.
Before prosecutors can convict you of carrying a concealed dirk or dagger, they must prove that you knew you were carrying a prohibited knife.15
Example: You are holding a dagger in your waistband. Under these circumstances, prosecutors could most likely prove that you are knowingly carrying the weapon.
Let's say that there is a dagger in your jacket pocket. Under these circumstances, it could be more difficult for the prosecutor to prove that you knew you were carrying an illegal knife.
Perhaps you didn't realize that you accidentally put on someone else's jacket that contained the weapon...or perhaps (without your knowledge) someone placed the knife in your pocket in order to escape his own liability for being caught with a dangerous weapon.
It is important to understand that knowledge isn't the same as intent. You don't have to have intended to use the weapon. You violate the law by merely knowing you are carrying a prohibited knife.
And "carrying" simply means that you physically possessed the dirk, or dagger. It doesn't matter whether the weapon is actually on your person or in something that you are holding.16
Thus, keeping a dirk or dagger concealed in your pocket or purse is a violation of Penal Code 21310 PC, even if you were keeping it there for self-defense, or work, or any other well-intentioned reason.
Before you can be convicted of carrying a concealed dirk or dagger, the prosecution must also prove that you knew it could be used as a stabbing weapon. In deciding this, a jury will consider all the surrounding circumstances, including:
- the time and place of possession,
- your destination,
- any alteration of the object from standard form, and
- other facts, if any.17
Example: Your friend gives you a knife that she says you should keep in your jacket pocket in case you are ever threatened. She tells you that the knife isn't illegal, because the blade doesn't lock into position when it is extended. She is wrong, however. When you are stopped and frisked, the police find the knife in your pocket with the blade extended and locked. Since you didn't know that the blade could be used as a stabbing weapon, you may be able to defend yourself against the charges.
In order for you to be convicted of carrying a concealed dirk or dagger, the prosecution must also prove that you intentionally concealed it. If you acted accidentally, you have not violated Penal Code 21310.18
Example: You place a work knife openly in a sheath suspended from your waist. As you are working, your shirt comes out of your waistband and accidentally conceals the knife. Under these circumstances, a jury may find that you did not act with the requisite intent to conceal the knife.
That the "item was substantially concealed" doesn't mean that the weapon must be completely concealed for it to be a crime. "A defendant need not be totally successful in concealing a dirk to be guilty..."19
As long as the weapon is at least partially concealed, you could be held liable for this offense. Along these same lines, as long as the weapon itself is at least partially concealed in a case or by some other means, it is irrelevant if the weapon is still identifiable.20
And although knives carried in sheaths which are worn openly suspended from the waist of the wearer are not considered "concealed," knives that are tucked into a waistband are.21
Note also that carrying a concealed dirk or dagger is a separate and distinct offense from California Penal Code 25400 PC, carrying a concealed weapon. Penal Code 25400 PC only applies to carrying concealed "pistols, revolvers, or other firearms capable of being concealed upon the person".22
Fortunately, there are a number of California legal defenses that a good criminal defense lawyer can present on your behalf. The following are some examples.
You didn't knowingly carry a dirk or dagger
If you didn't knowingly carry the prohibited knife, you aren't liable for the crime. For example, your brother may have borrowed your jacket yesterday and placed a dagger in the pocket...but then forgot to take it out.
This defense works best when the weapon is carried in a loose piece of clothing (a jacket, for example) or carried in a purse, backpack, briefcase, or other object that you are holding in your hand. If the weapon is physically attached to your body (for example, carried in your waistband), this defense would be more difficult to assert.23
Similarly, if the weapon isn't carried on your person...but is, perhaps, lying on the passenger seat of your car...you aren't guilty of this offense.
The dirk or dagger wasn't concealed
If the weapon was in plain view and not substantially concealed upon your person, you don't violate the statute. Again, dirks and daggers carried in sheaths which are worn openly suspended from the waist of the wearer are not concealed.
Remember, however, that the open-carry knife law applies only to dirks and daggers. If you are accused of carrying another type of knife, such as a switchblade, you may be guilty under another section of the California Penal Code.
The weapon was discovered during an illegal search and seizure
Many concealed weapons charges arise after an officer stops a suspect for conduct totally unrelated to weapons. This could be for a traffic violation, a so-called "welfare check", or during a search incident to a lawful arrest for another criminal offense.
But when this is the case, the officer must comply with certain requirements before he/she can legally arrest you for possessing a dangerous weapon. These conditions include the officer having:
- probable cause to detain you (that is, a reasonable belief that you are or were engaged in criminal activity), or
- a valid California search warrant authorizing them to search your person/property (the scope of which they strictly adhere to), or
- your voluntary consent to conduct a search of your person/property.
If the cops fail to meet this criteria, your California criminal defense lawyer will argue that the weapon was discovered and confiscated during an illegal search and seizure in violation of your Fourth Amendment constitutional rights.24
Example: An officer suspects Dave of violating Penal Code 647f PC, California's "drunk in public" law (a/k/a "drunk and disorderly") and detains him to investigate. His suspicion is based on the fact that Dave is holding a beer can while walking within his gated apartment complex.
The cop asks Dave if he has any drugs or weapon on him and he replies that he does. The officer then asks Dave if he can search him and Dave replies "yeah". The officer finds an illegal knife in Dave's pants pocket.25
But because the inside of Dave's apartment complex was gated...and therefore not a public place...the officer didn't have the power to detain him in the first place.
Penal Code 647f only applies to being drunk in public. As a result, Dave was illegally detained, and the dagger that the officer found was obtained during an illegal search. Even though Dave consented to the search, the illegal detention "vitiated" (that is, cancelled out) his consent.26
And when you can convince the prosecutor and/or judge that the weapon was discovered pursuant to an illegal search and seizure, it is very likely that the court will dismiss the case altogether.
Along these same lines, if the police...for whatever reason:
- "plant" or "fabricate" evidence,
- falsely testify about the facts of your case,
- coerce your confession, or
- in any other way violate your civil rights...
you may be able to run a Pitchess motion to see whether other people have made similar complaints about the officer in the past. If you can prove that you are the victim of this sort of police misconduct, the prosecutor may dismiss your charges.
Carrying a concealed dirk or dagger is what we refer to as a "wobbler" offense in California This means the prosecutor has discretion to file the charge as either a misdemeanor or a felony.
As a misdemeanor, penalties can include:
- a fine of up to $1,000, and
- up to one (1) year in county jail.
A felony charge of possession of a dirk or dagger can include penalties of:
- probation with up to one (1) year in county jail, or
- 16 months, 2 years or 3 years in county jail, and/or
- a fine of up to $10,000.
Often, however, California misdemeanor violations are punished by misdemeanor (summary) probation, with little or no jail time.
A judge may be more likely to sentence you to custody time if (s)he finds aggravating factors that may include (but are not limited to):
- a prior criminal record,
- gang ties,
- a history of violence,
- a finding that you intended to use the knife as a weapon; and/or
- a lack of cooperation with the police during your arrest.
If you are sentenced to summary or felony probation, the judge will impose a number of conditions. You must adhere to these conditions in order to avoid going to jail... or returning to jail.
These can include (but are not limited to):
- community service or labor (such as CAL-TRANS roadside work),
- electronic monitoring or house arrest,
- participation in counseling / treatment programs, and/or
- paying victim restitution.
California completely prohibits the possession, sale, manufacture or import of certain types of knives in addition to ballistic knives and switchblades and concealed dirks and daggers. These, include:
- air gauge knives [items that appear to be air gauges, but are actually knives],27
- belt buckle knives,28
- cane swords,29
- undetectable knives [made from materials that can't be detected by metal detectors],30
- lipstick case knives,31
- shobi-zues [also called shinobi-zues] (staffs, crutches, sticks, rods, or poles concealing a knife or blade which may be exposed by a flip of the wrist or by a mechanical action),32 and
- writing pen knives.33
Possession, sale, manufacture or import of an undetectable knife is a misdemeanor punishable by not more than one (1) year in county jail.
Possession, sale, manufacture or import of any other prohibited knife is chargeable as either:
- a misdemeanor, punishable by up to one (1) year in county jail and/or up to a $1,000 fine, or
- a felony, punishable by up to three (3) years in county jail and/or up to a $10,000 fine.
Penal Code 171b PC makes it a crime to bring or possesses within any state or local public building -- or at any meeting required to be open to the public -- any of the following:
- a switchblade,
- any knife having a blade in excess of four inches which is fixed -- or is capable of being fixed -- in an unguarded position by the use of one or two hands, or
- certain types of knives considered to be "generally prohibited weapons," including:
- air gauge knives,
- ballistic knives,
- belt buckle knives,
- cane swords,
- lipstick case knives,
- shobi-zues, and
- writing pen knives.34
Violations of Penal Code 171b are wobblers punishable by up to one (1) year in county jail as a misdemeanor or three (3) years in state prison as a felony.
Penal Code 626.10(a)(1) PC makes it illegal to bring any of the following onto a public or private school instructing children in grades kindergarten to 12:
- a dirk or dagger,
- an ice pick,
- a knife having a blade longer than 2 ½",
- a folding knife with a blade that locks into place, or
- a razor with an unguarded blade.35
Violation of Penal Code 626.10 is a misdemeanor punishable by up to one (1) year in county jail.
Penal Code 417 PC -- California's "brandishing a weapon" law -- prohibits drawing, exhibiting, or using a weapon in a threatening manner.36
The penalty for brandishing a knife in a rude, angry, or threatening manner -- or during a fight -- is a minimum 30-day county jail sentence.
The California brandishing a weapon law is closely related to carrying a concealed dirk or dagger because...
If you draw, exhibit, or use your concealed knife in a threatening manner, prosecutors could ultimately charge you with both carrying a concealed dirk or dagger and brandishing a weapon.
If convicted of both offenses, you will be subject to penalties under both charges.
Another offense commonly filed in connection with dirk or dagger is Penal Code 245(a)(1), California's "assault with a deadly weapon" law.
Penal Code 245(a)(1) PC defines assault with a deadly weapon -- more commonly referred to as ADW -- as an assault that is committed with a deadly weapon or other means of force likely to cause great bodily injury to another person.
If you carry a concealed dirk or dagger, and then you use that weapon to assault someone, you could be charged with both crimes.
6.5. California's sentencing enhancement for personal use of a dangerous or deadly weapon -- Penal Code 12022 PC
If you are convicted of carrying a dirk or dagger -- and you actually use the knife -- prosecutors could charge you with a sentencing enhancement for personally using a deadly or dangerous weapon under Penal Code 12022 PC.
If the judge/jury believes the allegation that you used your concealed knife, you face one (1) year in California state prison -- in addition to the penalty you receive for possessing the knife.37
This sentencing enhancement cannot be filed in conjunction with brandishing a weapon, because the use of the weapon is already an element of that offense.
Call us for help...
If you or a loved one is charged with carrying an illegal dirk or dagger and you are looking to hire an attorney for representation, we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California. For Nevada dirk and dagger laws, see our article on Nevada dirk and dagger laws.
Penal Code 16470. As used in this part, "dirk" or "dagger" means a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. A nonlocking folding knife, a folding knife that is not prohibited by Section 21510, or a pocketknife is capable of ready use as a stabbing weapon that may inflict great bodily injury or death only if the blade of the knife is exposed and locked into position.
Penal Code 20200 PC -- A knife carried in a sheath that is worn openly suspended from the waist of the wearer is not concealed within the meaning of Section 16140 [air gauge knife], 16340 [cane sword], Section 17350 [writing pen knife], or 21310 [dirks and daggers].
Penal Code 21310 PC provides, in relevant part – [A]ny person in this state who carries concealed upon the person any dirk or dagger is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.
See also Penal Code 1170(h)(1) PC -- Except as provided in paragraph (3), a felony punishable pursuant to this subdivision where the term is not specified in the underlying offense shall be punishable by a term of imprisonment in a county jail for 16 months, or two or three years.
See also Penal Code 672 PC -- 672. Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding one thousand dollars ($1,000) in cases of misdemeanors or ten thousand dollars ($10,000) in cases of felonies, in addition to the imprisonment prescribed.
Our California criminal defense attorneys have local Los Angeles law offices in Beverly Hills, Burbank, Glendale, Lancaster, Long Beach, Los Angeles, Pasadena, Pomona, Torrance, Van Nuys, West Covina, and Whittier. We have additional law offices conveniently located throughout the state in Orange County, San Diego, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.
In 2012, the provisions of former Penal Code 16590 relating to dirks and daggers were replaced by Penal Code 16470 and Penal Code 21310.
Penal Code 16600 PC -- As used in Chapter 2 (commencing with Section 25100) of Division 4 of Title 4, "great bodily injury" means a significant or substantial physical injury.
People v. Barrios (1992) 7 Cal.App.4th 501, 506. ("This knife has characteristics which substantially limit its effectiveness as a stabbing instrument. It has no sharp edges, no stabbing point, no handguards, and no stiff blade. It is not a dirk or dagger as a matter of law."); People v. Forrest (1967) 67 Cal.2d 478, 432 P.2d 374 (holding that because Knife folded like a pocketknife, and had a blade which when opened did not lock in place, its effectiveness as a stabbing weapon, was severely limited. "When a knife which, like other pocketknives, has many possible uses, some of which are clearly innocent and utilitarian, also has a characteristic which in many situations would substantially limit the effectiveness of its use as a stabbing instrument, it cannot be held to be a weapon primarily designed for stabbing, and thus is not a dagger or dirk.")
People v. Plumlee (2008) 166 Cal.App.4th 935, 83 Cal.Rptr.3d 172 (The switchblade offense is not more specific than the dirk-or-dagger offense for purposes of the specific-over-general rule. As a result, the choice between the two applicable statutes was within the prosecutor's discretion).
Rancho Cucamonga criminal defense attorney Nicole Valera has been voted a SuperLawyer. She defends clients accused of gun and firearms crimes throughout Western San Bernardino and Los Angeles Counties, including Chino, Fontana, Pomona, West Covina and Alhambra.
Penal Code 17235 and Penal Code 21510 replace former Penal Code 653k.
California Penal Code 17235 - As used in this part, " switchblade knife" means a knife having the appearance of a pocketknife and includes a spring-blade knife, snap-blade knife, gravity knife, or any other similar type knife, the blade or blades of which are two or more inches in length and which can be released automatically by a flick of a button, pressure on the handle, flip of the wrist or other mechanical device, or is released by the weight of the blade or by any type of mechanism whatsoever. "Switchblade knife" does not include a knife that opens with one hand utilizing thumb pressure applied solely to the blade of the knife or a thumb stud attached to the blade, provided that the knife has a detent or other mechanism that provides resistance that must be overcome in opening the blade, or that biases the blade back toward its closed position.
California Penal Code 21110 -- Except as provided in Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, any person in this state who manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any ballistic knife is punishable by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170.
- People v. Rubalcava, 23 Cal.4th 322" (2000) (the legislative history is clear and unequivocal: the intent to use the concealed instrument as a stabbing instrument is not an element of the crime of carrying a concealed dirk or dagger. the defendant must knowingly and intentionally carry concealed upon his or her person an instrument "that is capable of ready use as a stabbing weapon."
People v. Dunn (1976) 61 Cal.App.3d Supp. 12, 14. ([Although this case refers to concealed weapons under Penal Code 25400 PC, it is analogous for a definition of "carrying" a dirk or dagger.] "We hold that the Legislature intended to proscribe the carrying of concealed weapons by both men and women and that a handgun concealed in a suitcase and carried by appellant is sufficiently 'upon his person' to constitute a violation of [Penal Code] section 25400....While our research reveals no California case directly on point, we find a New York Court of Appeals case, People v. Pugach (1964) 15 N.Y.2d 65, 255 N.Y.S.2d 833, 204 N.E.2d 176 to be persuasive. Pugach is legally on all fours with the instant case. In Pugach a loaded gun was found inside a brief case carried by defendant. The New York court saw no significance in '(t)he fact that the loaded gun was found concealed in the brief case, rather than in a pocket of defendant's clothing, . . .' The court declared that a 'loaded firearm concealed in the brief case carried in the hands of the defendant was in the language of the statute 'concealed upon his person' (Penal Law, Sec. 1897).' [255 N.Y.S.2d at p. 836, 204 N.E.2d p. 178.]")
People v. Mitchell (2012) 209 Cal.App.4th 1364, 148 Cal.Rptr.3d 33 (the prohibited act is the concealed carrying of a dirk or dagger; thus, the defendant must intentionally commit the act of concealment. As a corollary to this principle, a defendant may present an accident defense based on a claim that he or she acted accidentally rather than with the intent required for the crime).
People v. Fuentes (1976) 64 Cal.App.3d 953, 955.
See same. ("This is not a situation where the weapon was carried openly in a sheath or attached to a belt.FN1 The dirk was in Fuentes' waistband. The mere fact that some portion of the handle may have been visible makes it no less a concealed weapon [under Penal Code 16590 PC, California's law against carrying a concealed dirk, dagger, or explosive substance].")
California Penal Code 16590 PC -- Carrying a concealed dirk, dagger, or explosive substance. ("(d) Knives carried in sheaths which are worn openly suspended from the waist of the wearer are not concealed within the meaning of this section.")
See also People v. Fuentes, endnote 20, above.
California Penal Code 25400 PC -- Carrying a concealed weapon on your person or in a vehicle. ("(a) A person is guilty of carrying a concealed firearm when he or she does any of the following: (1) Carries concealed within any vehicle which is under his or her control or direction any pistol, revolver, or other firearm capable of being concealed upon the person. (2) Carries concealed upon his or her person any pistol, revolver, or other firearm capable of being concealed upon the person. (3) Causes to be carried concealed within any vehicle in which he or she is an occupant any pistol, revolver, or other firearm capable of being concealed upon the person.")
See, e.g., dicta in fn5 of People v. Mitchell, endnote 18 ("These examples presume that the offense of carrying a concealed dirk or dagger is necessarily committed even when the instrument is in some type of carrying container rather than carried directly on the person's body. The proscription against carrying a concealed weapon " 'upon his person' " has been applied to a firearm carried in a suitcase. (See People v. Dunn (1976) 61 Cal.App.3d Supp. 12, 13–14, 132 Cal.Rptr. 921.) We will assume, without deciding, that the same interpretation applies to a dirk or dagger.")
Your Fourth Amendment constitutional rights protect you from unreasonable searches and seizures. If an officer searches you without a valid California search warrant or probable cause, that officer may violate your Fourth Amendment rights.
These facts are loosely based on People v. Krohn (2007) 149 Cal.App.4th 1294.
See same at 1299. ("Because the officer had no reasonable suspicion defendant was engaged in criminal activity, he had no right to detain him. (See Sokolow, supra, 490 U.S. at p. 7, 109 S.Ct. 1581.) The officer's illegal detention of defendant vitiated any subsequent consent to the interrogation and search. ( Florida v. Royer (1983) 460 U.S. 491, 501, 103 S.Ct. 1319, 75 L.Ed.2d 229 ["statements given during a period of illegal detention are inadmissible even though voluntarily given if they are the product of the illegal detention"].) The drugs found on defendant at the apartment complex and at the pre-booking search thus are fruits of a poisonous tree. ( Ibid.; see also Wong Sun v. United States (1963) 371 U.S. 471, 484-488, 83 S.Ct. 407, 9 L.Ed.2d 441.) The court should have suppressed them.")
Penal Code 16140 PC and 20310 PC.
Penal Code 16260 PC and Penal Code 20410 PC.
Penal Code 16340 PC and 20510 PC.
Penal Code 17290 PC and 20810 PC.
Penal Code 16830 PC and 20610 PC.
Penal Code 17160 PC and 20710 PC.
Penal Code 17350 PC and 20910 PC.
Penal Code 171b PC provides, in relevant part: Unauthorized possession of weapons in state or local public building or at public meeting; offense; punishment
(a) Any person who brings or possesses within any state or local public building or at any meeting required to be open to the public... is guilty of a public offense punishable by imprisonment in a county jail for not more than one year, or in the state prison:
(2) Any deadly weapon described in Section 17235 or in any provision listed in Section 16590
(3) Any knife with a blade length in excess of four inches, the blade of which is fixed or is capable of being fixed in an unguarded position by the use of one or two hands
Penal Code 16590 provides, in relevant part:
As used in this part, "generally prohibited weapon" means any of the following:
(a) An air gauge knife, as prohibited by Section 20310
(c) A ballistic knife, as prohibited by Section 21110
(d) A belt buckle knife, as prohibited by Section 20410
(h) A cane sword, as prohibited by Section 20510.
(i) A concealed dirk or dagger, as prohibited by Section 21310
(n) A lipstick case knife, as prohibited by Section 20610
(s) A shobi-zue [a staff, crutch, stick, rod, or pole concealing a knife or blade within it, which may be exposed by a flip of the wrist or by a mechanical action], as prohibited by Section 20710
(y) A writing pen knife, as prohibited by Section 20910
Penal Code 626.10(a)(1)-- Any person, except a duly appointed peace officer as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a full-time paid peace officer of another state or the federal government who is carrying out official duties while in this state, a person summoned by any officer to assist in making arrests or preserving the peace while the person is actually engaged in assisting any officer, or a member of the military forces of this state or the United States who is engaged in the performance of his or her duties, who brings or possesses any dirk, dagger, ice pick, knife having a blade longer than 2 1/2 inches, folding knife with a blade that locks into place, razor with an unguarded blade, taser, or stun gun, as defined in subdivision (a) of Section 244.5, any instrument that expels a metallic projectile such as a BB or a pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun, upon the grounds of, or within, any public or private school providing instruction in kindergarten or any of grades 1 to 12, inclusive, is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170.
California Penal Code 417 PC, California's "brandishing a weapon" law. ("(a)(1) Every person who, except in self-defense, in the presence of any other person, draws or exhibits any deadly weapon whatsoever, other than a firearm, in a rude, angry, or threatening manner, or who in any manner, unlawfully uses a deadly weapon other than a firearm in any fight or quarrel is guilty of a misdemeanor, punishable by imprisonment in a county jail for not less than 30 days.")
California Penal Code 12022 PC(b)(1) PC -- Personal use of a dangerous or deadly weapon (sentencing enhancement). ("Any person who personally uses a deadly or dangerous weapon in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for one year, unless use of a deadly or dangerous weapon is an element of that offense.")