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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89613
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was legally taking pictures of airplanes flying overhead

Resolved Question:

I was legally taking pictures of airplanes flying overhead in a park when I was confronted by an angry civilian who said what I was doing was illegal. She then called the police, who proceeded to harass me and demand ID. I denied it to them on the grounds that they had no reasonable suspicion a crime was taking place. They then said I was free to go, but as I was leaving, they stopped me again and seized the knife I carry in my pocket regularly (it was visible) and gave me a citation for the city's knife law that prohibits knives longer than 2.5" except during activities where a knife is typically carried. I carry it because I regularly have ~$5000+ worth of equipment on me and can't rely on the police for protection (they took 40 minutes to respond that day). What should I do to get the citation dismissed? Thanks in advance!
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I am sorry you had to deal with some knot head filing such a complaint, since it is not illegal for you to take pictures of planes as you see fit. I am afraid that the city knife law applies to any concealed carry of a weapon, no matter how slightly concealed. Having a knife for "protection" is not enough, you have to argue that you need the knife in your profession to open film boxes and open film cannisters and for your photography occupation, and that would be a reasonable defense and in most cases like what you are describing, the MA city attorney/solicitor will throw out the charge against you when you go to court and plead not guilty.



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Customer: replied 1 year ago.

That's good info, thanks. One more quick question: the citation required a written notice if I wished to contest the citation, do I just need to say that, or do I need to send them any other legal paperwork like the reason you mentioned?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response.

You need to send in the written notice that you intend to contest the citation and follow the directions on the notice you received.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 89613
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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