Expert: Jack Toomey - 11/20/2007

Question
Hi,

On a recent TV show a character was found by a policmen to have a pocket knife with a five-inch blade.

The officier told the man that such a knife was not against the law, but was a violation of an "Administrative Rule." (';m not sure that the word was "rule", but it was "Administrative" something.)

I don't care about the specific violation, but I'm curious about the "Administrative Rule."

Is this a misdemenor, a warning without punishment? or what?

Many thanks,

Steve

Answer
Steve,

   Rule #1.  Never ever believe a thing that you see on tv where the police are depicted.  Directors add things that will make the public interested whether they are realistic or not.  An example would be the show, "CSI".  In real life there is no such unit and no such unit would ever be allowed to exist but millions of Americans believe that these units do exist giving them a totally unrealistic view of real police work.

  Secondly every state has its own laws.  That would be fifty states with fifty sets of law including those covering the carrying of knives.  So that part would vary from state to state.  Many people think that the law in every state is the same which is not true.  

  Third.....I have never heard of an "administrative rule".  It could be somthing made up by a director of a police show or it could be something that pertains to one state.  So its impossible to say whether "it" is a misdemeanor or a felony.