Brandishing a weapon

[Jackson]

Curious at what point flashing, or waving a knife from a motor vehicle would become brandishing a weapon. I was blocked in this evening by a motorist who ran over to my window, and then went back to his car and waved a knife out his window at me. LEO in my town said it wouldn't be pursued by prosecutor so they weren't going to folloW up.

In your experience is crime in the Bay Area serious enough that brandishing is not really enforced until it has to be?

 

[bojangle]

Curious at what point flashing, or waving a knife from a motor vehicle would become brandishing a weapon. I was blocked in this evening by a motorist who ran over to my window, and then went back to his car and waved a knife out his window at me. LEO in my town said it wouldn't be pursued by prosecutor so they weren't going to folloW up.

In your experience is crime in the Bay Area serious enough that brandishing is not really enforced until it has to be?

I take it this was some sort of road rage incident? Sounds like brandishing to me.

 

[tgrrdr]

.

Went to get propane to cook dinner. Noticed someone drifting into my lane, and honked. Kept driving. Pulled up to stop sign to turn into uHaul (getting propane in Campbell). The road has curbs on both sides, jackass gets out of the car to start a fight, then backs down, goes back to his car and starts waving a knife out the window and yelling shit. Called the police. Nothing happened. Followed up with the police and they declined to pursue. So if you see this idiot, heads up. He wears the knife on his hip.

[edited to delete possibly negative comment since this is the LEO forum]

 

[RightCoastBias]

This was in SJ? I believe SJPD is severely understaffed, have been for years, and crime continues to rise.

I think it preposterous that they wouldn't respond because the DA wouldn't peruse. If that guy pulled a knife on a cop he would have been, rightfully, made into a pasta strainer.

 

[packnrat]

what are to real codes? numbers one would use to label "brandishing" in Ca? :afm199



.

 

[bojangle]

what are to real codes? numbers one would use to label "brandishing" in Ca? :afm199



.

.

PC 417(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.
(2) Every person who, except in self-defense, in the presence of
any other person, draws or exhibits any firearm, whether loaded or
unloaded, in a rude, angry, or threatening manner, or who in any
manner, unlawfully uses a firearm in any fight or quarrel is
punishable as follows:...

 

[Maddevill]

Maybe he pulled the knife to make up for his severe lack of muscles....

 

[NorCalBusa]

PC 417(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.
(2) Every person who, except in self-defense, in the presence of
any other person, draws or exhibits any firearm, whether loaded or
unloaded, in a rude, angry, or threatening manner, or who in any
manner, unlawfully uses a firearm in any fight or quarrel is
punishable as follows:....

Clearly it meets the "rude" test...:afm199

I wonder if there is any other item in the Penal Code (or CVC) where rudeness is an element?

 

[9integra2]

I would say the biggest question is, can you prove it? Not even the picture you posted does it show a knife. So the cop shows up, you tell your side and guess what the other guy is going to say....huh? Now what should happen? Its a he said he said stalemate. And thats why the cops didnt even bother.

 

[Jackson]

I would say the biggest question is, can you prove it? Not even the picture you posted does it show a knife. So the cop shows up, you tell your side and guess what the other guy is going to say....huh? Now what should happen? Its a he said he said stalemate. And thats why the cops didnt even bother.

Ah ok, would being able to describe the knife in detail be considered proof?

 

[dravnx]

Ah ok, would being able to describe the knife in detail be considered proof?

What knife?

 

[Jackson]

What knife?

The knife that this whole entire thread is about.

 

[dravnx]

That is what the perp would say if asked about the knife.

 

[packnrat]

thanks bojangle.

 

[bojangle]

Maybe he pulled the knife to make up for his severe lack of muscles....

Nice knife. Sorry about your chest!

Ah ok, would being able to describe the knife in detail be considered proof?

Testimony in court is a form of evidence. It would be a slam dunk if you could get police on scene quick to detain the suspect. The victim would then just give his statement, including description of the knife. He could ID the suspect right there on scene and then make a private person arrest. A search incident to arrest / probable cause search should probably result in the location and seizure of the knife in question, which matches the description of the brandished knife.

If the suspect left the scene it would be considerably more work to make a case, that is if the guy could even be identified and located.

thanks bojangle.

No prob!

 

[Gawernator]

The DA's in some counties are so overbooked they can't even prosecute a lot of cases

I mean that pretty much got me off a CCW possession charge

 

[bojangle]

Clearly it meets the "rude" test...:afm199

I wonder if there is any other item in the Penal Code (or CVC) where rudeness is an element?

Ask and you shall receive.

302(a) PC Every person who intentionally disturbs or disquiets any
assemblage of people met for religious worship at a tax-exempt place
of worship, by profane discourse, rude or indecent behavior, or by
any unnecessary noise, either within the place where the meeting is
held, or so near it as to disturb the order and solemnity of the
meeting, is guilty of a misdemeanor punishable by a fine not
exceeding one thousand dollars ($1,000), or by imprisonment in a
county jail for a period not exceeding one year, or by both that fine
and imprisonment.

 

[NorCalBusa]

Ask and you shall receive.

He writes at 3am- slow night? :thumbup

 

[RightCoastBias]

I mean that pretty much got me off a CCW possession charge

Uhh, what?

 

[Gawernator]

Uhh, what?

Yeah I took the navy's personal firearm safety course in lieu of two misdemeanors