starride wrote:One question I have was the knife concealed in a pocket or clipped to the outside of the belt?
This was covered previously in the OP's various threads, but I know the details are hard to track down by reading through all the posts.
From the OP of this thread, we are given the following:
Michael Porschien wrote:...Det/Sgt John Payne of the Youngstown City Police (the officer who took my phone from me), who found that I was carrying a Gerber paraframe 4 inch, non serrated, stainless steel finish pocketknife, clipped to the outside of my belt, behind my left handed holster.
And later, Mr. Porschien posted:
Michael Porschien wrote:...
The knife was behind my holster, meaning the holster was further towards the front of my body on the belt. i have to reach my hand further back to grab the knife compared to the firearm, in other words.
All of these things being said, i want to state now that this thread's purpose is not to argue the lethality or suppressionability (word?) of the knife; that horse was very thoroughly kicked in my original thread. My lawyer was thankful for the case law and extensive research that the collective here at OFCC did, though she did dig up most of it herself. What i want to discuss here is the legality of the stop itself, and why it happened in the first place. Towards that end...
I do not have access to a scanner, so i cannot at this time make a PDF file of my arrest report. I have been trying to find a scanner that i can use for several days with no luck. I can, however, type it out, redacting personal information. I will at some point find a Kinkos or something downtown.
Begin report:
Arretee: Michael Porschien
Date / Time arrested: 8/30/12 at 22:50
Location of Arrest: Madison Ave @ Michigan Ave
Arrest type: crime in progress
Arrestee notes: On 8/30/12 at 22:45 hrs YPD car 103 officer N. Menichini was on routine patrol traveling westbound on Madison Ave approaching Michigan Ave. At this time, officer Menichini observed a male white ( who was soon identified as Porschien, Michael) walking westbound on the north side of Madison Ave and it was immediately apparent that Michael was carrying a large handgun in a black holster on his left hip. Officer Menichini proceeded to turn northbound onto Michigan Ave. Officer Menichini pulled into a driveway on Michigan Ave to turn around, at this time he observed Michael proceed into the middle of Michigan Ave from the sidewalk, then stand on the cement median, and then proceed to the corner of Madison Ave and Michigan Ave where he stood on the sidewalk watching officer Menichini pull up toward his location.
As officer Menichini was approaching Michael, he began going into his front pants pocket then to his rear pants pocket. As officer Menichini exited the vehicle, he reached into his front right pants pocket and pulled out a black cell phone. Officer Menichini inquired as to why he was carrying a firearm and he stated "I am open carrying" and when officer Menichini asked him to clarify, he stated "because this is a dangerous town." At this time Det/Srg J. Payne, and YPD car 104 officer C. Eggleston, and P. Skowron arrived on scene. Due to the fact that Michael was carrying a handgun, officers were concerned for their safety and his safety, Det/Srg, Payne extracted Michael's firearm, cleared one round from the chamber and dropped the magazine carrying 15 rounds and secured the firearm inside marked car 206W. Det/Srg. Payne conducted a pat down for any other weapons and it was discovered during the pat down that Michael was concealing a knife (fold down blade) that was clipped to his belt in the front and was covered by his t-shirt. Det/Srg/ Payne also discovered an extra magazine containing 16 live rounds from his rear pant's pocket.
The highlights in the second post are mine, to help clarify the scenario for you.
From what I recall of my posts here/on other Forums, communicating with Mr. Porschien, that description of where/how the knife was placed was accurate.
FWIW, IANAL, but I also do not think that the focus should be on the knife.
Hope this helps answer your question,
starride.