GGPDE_2020-27_More_Dirks_and_Daggers_2107422

JACKIE LACEY DISTRICT ATTORNEY LOS ANGELES COUNTY DISTRICT ATTORNEY’S OFFICE ONEMINUTE BRIEF COPYRIGHT © 2020 LOS ANGELES COUNTY DISTRICT ATTORNEY’S OFFICE. ALL RIGHTS RESERVED. MAY BE REPRODUCED FOR NON -COMMERCIA L PROSECUTORIAL, LAW ENFORCEMENT AND EDUCATIONAL PURPOSES ONLY . 1MB@da.lacounty.gov NUMBER : 2020-27 DATE : 08-20-20 BY: Devallis Rutledge Thanks to Sera Boyadjian TOPIC : More Dirks & Daggers ISSUE : What kinds o f devices can be considered “dirks ” or “daggers? ” Carrying a dirk or dagger concealed on the person is a county -jail wobbler. PC § 21310. As define d, a “dirk” or “dagger” is a “knife or other instru ment 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 [a switchb lade], or a pocketknife is [a dirk or dagger] only if the blade is exposed and locked into position. ” PC § 16470. ● These statutes are meant to protect against sudden, surprise stabbi ng attack . If a stabbing instrument is carried openly—for example, in a visible sheath (as permitted by PC § 20200)—anyone who encounters the person can see that s/he is armed with a kn ife, and can take defensive precauti ons. Likewise, if a concealed knife has to be opened and mani pulated to make it ca pable of stabbing , a potential victim may have time to take precaut ions against being stab bed. But when the device is carried concealed on the person and is ready to be used to stab someone, a victim has little opportunity for flight or other defensive measures. “The prohibition against carrying concealed dirks and daggers was enacted to combat the dange rs of concealed weapons. By prohibitin g concealment, t hird parties are protected from the risk of surprise attack by a person carrying such weapons. ” People v. Bermudez (2020) 45 Cal.App.5th 358, 366. This information was current as of publication date. It is not intended as legal advice. It is recommended that readers check for subsequent developments, and consult legal advisors to ensure currency after publication. Local policies and procedures r egar ding application should be observed. LADA ONE -MINUTE BRIEF NO. 20 20-27 PAGE 2 ● Examples of devices held to be dirks or daggers : • Icepick conceale d in the waistband. In re Robert L. (1980) 112 Cal.App.3d 401. • Switchblade in a front pants pocket. “A switchblade knife as defined in Penal Code section [21510] can also be a dirk or dagger concealed on the person … even if it is concealed in its closed position ” becaus e a rigid blade can be instantly extended by the touch of a button, without time-consuming manipulation. People v. Plumlee (2008) 166 Cal.App. 4th 935, 937 (also holding that because of differen ces in elem ents, it is not necessary to charge the more specific switchblade sect ion, rather than the dirk -or-dagger section). • Concealed “fishing knife ” with a fixed 5 -inch blade. People v. Mitch ell (2012) 209 Cal.App.4th 1364. • Sharp -pointed metal spike with a tape -wrapped handle. People v. Bermudez, supra. ● Examples of devices held not to be dirks or daggers : • Butter knife with no sha rp point. People v. Barrios (1992) 7 Cal.App.4th 501. • Multi -purpose tool requiring two hands to open the retractable knife blade. In re Luke W. (2001) 88 Cal.App.4th 650. • Folding Swiss Army pocketkni fe carried concealed with blade extended, but not “locked into position .” People v. Castillolopez (2016) 63 Cal.4th 322. See 1MB 2016 -15. ● If a device has a n innocent use (such as a Phillips screwdriver, a carpenter ’s awl or a steak knife), the surrounding circumstances may establish that the instrument was being carried as a weapon (e.g., time and place, activity, destination, and statemen ts: “You carrying this for self -defense? ”). People v. Fannin (2001) 91 Cal.App.4th 1399, 1404; CALCRIM 2501. ● “[I]ntent to use the concealed instrument as a stabbing instrument is not an element of the crime .” People v. Rubalcava (2000) 23 Cal.4th 322, 33 1 (crime i s a general intent one). ● “Substantial concealment ” is enough, e ven if part of the device may be vi sible. People