Washington, DC asked in Criminal Law, Education Law and Municipal Law for District of Columbia

Q: Can the University Police confiscate and not return items that are not illegal?

I am currently attending a private university in the District of Columbia. The Campus Police department confiscated my pocket knife citing "weapon's law violation" and are charging me, through the university's justice system, with that charge. My question is the Police Officer cited that "Knives are weapons and not allowed" the student code of conduct cites "weapons" as not being allowed. We are however allowed to have large scissors, kitchen knives, bats, etc that all could be considered "weapons." I wasn't using my knife as a weapon, it just happened to be in my pocket and I voluntarily alerted them to having it while they were searching me for an unrelated cause. The knife is not illegal per district law because it is has utility use, I use it while climbing and working, and is not a switchblade.

Can they keep it and not return it? Are there any cases that set precedence in this issue? If they don't return it could I file a theft report with the city's police department? Thanks!

1 Lawyer Answer
Robert Jason De Groot
Robert Jason De Groot
Answered
  • Criminal Law Lawyer
  • Deltona, FL

A: Yes. That is the evidence to be used in the informal trial against you. I suggest that you hire an attorney for this. What does the student handbook say?

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.