FMAT: Totes Multi-Tool Torch--A Deadly Weapon?

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Totes Multi-Tool Torch--A Deadly Weapon?
By arnisador - Fri, 18 Apr 2008 18:45:20 GMT
Originally Posted at: FMATalk

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Grayslake teen has reckless conduct ticket dismissed

Honor student was suspended for having a multi-tool gadget in his jacket


Quote:
A Grayslake teenager who went door to door to protest a police citation for leaving a multi-tool gadget at school had his ticket for reckless conduct dismissed Wednesday, though the prosecutor declined to return the source of all the commotion.

Christopher Berger, 18, a senior honors student at Grayslake Central High School, was suspended from school for two days in January after a security guard discovered the Totes Multi-Tool Torch, which has a flashlight, 2-inch blade, screwdriver, pliers and other gadgets prohibited under school policy.
[...]
Though Berger accepted his school suspension without complaint, he took issue with the ticket, which states that the "defendant endangered the bodily safety of other students by leaving a knife unsupervised in the cafeteria [in his jacket that he had absentmindedly left there]."

Berger researched state and local ordinances and argued that the 2-inch blade is not a weapon and that leaving it in his coat pocket did not endanger the safety of students.
[...]
School officials figured out the jacket belonged to Berger by watching a videotape from one of several cafeteria cameras.

"The court does not need to run away from common sense," Brown said. "The blade is capable of damage and possibly death. We can belittle the fact it's only a 2-inch blade, but the fact is, if it had been a loaded gun there would be no difference here."
[...]
"The function [of the gadget] is primarily as a tool, not a weapon," [the Judge] said.
[...]
Brown refused to return the tool to Berger, saying the village could appeal the case or pursue a different charge, such as a violation of a state law that prohibits the storage of a weapon on state-supported property.


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