"Naked Man Arrested for Concealed Weapon":
Yep, that's exactly where it was. Police comment, "You can't get much more concealed than that."
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"When you're talking about an awl or an ice pick and you're dealing with somebody who's fresh out of prison, it's a weapon. That's a stabbing instrument," Horgan said.
Surely anyone on parole (or anyone else for that matter) is allowed to carry around a concealed awl or ice pick? What am I missing here? Sorry if I am just being dense, but I honestly don't get what the cop is saying.
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I wouldn't be surprised if it falls within the letter of the law, but you've got to be kidding me. He's not in prison now: is he prohibited from carrying pencils and pens? What if the offending item had been a closed swiss army knife?
except, in regards to many of his freedoms, or lack thereof, when he is on PAROLE, he is effectively subject to many prison type rules...
"Sheehan, who was paroled from state prison last week"
parole, is, in effect, an extension of prison. you are not free when on parole, you do not have the reasonable expectation of privacy, that a normal FREE citizen has, etc and you are subject to a much stricter rule set. basically, to make an analogy to animal house - you are on double secret probation.
in california (not in my state) police basically have carte blanche to search people on parole just like prison guard would. don't need probable cause.
i am also not convinced hew was "obviously using it for pleasure", but that's also kind of irrelevant.
i'm not going to get into all the distinction of "dangerous weapon per se" vs. "dangerous weapon as used" cause that's another issue.
but for clarification - if he's on parole, he's essentially in prison, ... on the outside.
california is such a nanny state, i'm surprised they haven't prohibited the carrying of awls anyway. :l
You aren't convinced he was obviously using it for pleasure?
He was caught NAKED and MASTURBATING with a LARGE TOOL in his ass. What more evidence would convince you?
I mean common he wasn't trying to get in anywhere undetected. If he had meant to be hiding a weapon for self defense don't you think he might have worn pants and put it in his pocket.
He isn't in jail anymore it would be a lot easier for him just to buy a knife.
Also the fact that it was covered in tape suggests to me that it was deliberately blunted to go into his ass making it unsuited for immediate use.
and like i said, it's irrelevant
it's similar to carrying without a permit (in those states that require a permit)
it doesn't matter that you are carrying cause u think guns are sexy, or inserted in an orifice, or whatever.
you need a permit to carry. you don't have one. it's a violation
1) Wher os a permit needed to carry an awl?
2) By your logic, it would also be a violation for parolees to use any object at work that could be used as a weapon. No restaurant kitchen jobs, there are knives around. No Carpentry or mechanics: screwdrivers and hammers can be weapons. Not in the mail room: boxcutters. Might as well just abolish the parole board, no parolee is going to be able to get a job...
Why do all blog comment forms have a comment entry box that's too small to see more than a couple of sentences?
markm- the parole agent will give the parolee an exception for tools used in the course of employement.
Parolees are prohibited from carrying any dangerous weapon, such as a "stabbing instrument" or a knife with a blade of more than 2 inches. This is a condition of their release from prison. The bare facts in the story clearly support an administrative parole violation for "possession of a concealed weapon."
The felony charge of 12020(a) of the California Penal Code prohibits possession of a "dirk or dagger" on one's person. Although there is no definition of "dirk or dagger" in the Penal Code, case law has defined the term to include modified bayonets and butterfly knives, and the courts take into account the surrounding circumstances in deciding whether the weapon is unlawful. I doubt anyone will argue about the "on one's person" element.
Logicnazi- I assume most readers of this blog haven't spent much time in prison, but the electrical tape provides better grip in the course of a fight, when the icepick may get covered with blood. This is a common modification for prison weapons, and based on the officer's training and experience, could certainly support probable cause for the arrest for 12020(a) PC.
Have you seen how this works in some places (Texas, for one)? Abolishing the parole board would be counterproductive: they extract a lot of money from parolees attempting to stay out of jail before locking them up again. It is an industry in many places. Goodness, next you'll call for an end to red light cameras and DUI reform, and then where will local government make money?
Just because this is an attorney's blog, why not quibble? I think "on" and "in" are different, else being stabbed while being on parole would be a violation, surely not a reasonable outcome.
the issue is not the carrying of the awl. it was the carrying of the awl *****CONCEALED***** which is what the article references. read for details
"2) By your logic, it would also be a violation for parolees to use any object at work that could be used as a weapon. No restaurant kitchen jobs, there are knives around. No Carpentry or mechanics: screwdrivers and hammers can be weapons. Not in the mail room: boxcutters. Might as well just abolish the parole board, no parolee is going to be able to get a job..."
no, that is not my position at all. read it again
carrying it CONCEALED.
there is a difference between using a butcher knife at your workplace, and walking around in public carrying a butcher knife concealed under your jacket.
the issue is the CONCEALMENT of the weapon, however absurd his method of concealment, NOT the carrying of it.
iirc, in MA you cannot be a barber if u are a felon.