MD statutes refer to switchblades or 'gravity' knives as being illegal. Seems like 'spring assisted' would fall into one of those categories.
They may, under the stupidly written MD law that defines "switchblades". Yes, I know they are not, as does almost anyone else out there and most jurisdictions, but the issue has never been vetted by the MD courts and the
BPD training under direction of the DAs office has them considered as such. If State Law says this knife was legal, then the DA is wrong and not the officers that followed his/her direction?
If this whole case hinges on whether the knife was Illegal, should not the DA be named in this case as well?
The thing is, the state law is ambiguous and vague. The courts have never applied the law to a spring-assisted knife and determined whether it qualifies as a "switchblade" under the MD statute or not.
The case isn't about the legality of the knife, but she's trying to assert that the entire detention and arrest was invalid because that's where her case against the officers for the charges she filed rests. If that part falls in her case, then she will be left with far lesser charges against each of them, and perhaps no charges at all against some.