Should the ice pick was possessed-carried

Reference no: EM133400790

Assignment:

We represent Kevin Foley, charged with carrying a concealed deadly weapon and disorderly conduct. The charges stem from an incident that occurred around 11 p.m. on August 1, 2021, when Mr. Foley was pulled over after leaving work at the Polar Breeze Ice Company. The police officer found Mr. Foley's tool belt and an ice pick in the center console of his vehicle. Mr. Foley was an ice breaker at Polar Breeze, and his main job was to use the ice pick to break down large pieces of ice.

In a brief follow-up conversation, Mr. Foley stated that, although the ice pick is a tool he uses at his job, he carries it in the center console of his vehicle because he frequently leaves Polar Breeze late at night. He has sometimes had to use it to ensure he isn't attacked or robbed on his way home. He admits that he pulls the ice pick out on those occasions and threatens to use it against his would-be attacker. However, Mr. Foley has never used the ice pick to hurt anyone, either in self-defense or otherwise.

Our issue is whether a court will likely find that the ice pick Mr. Foley carried in the center console of his vehicle was "ready at hand" and "possessed, carried, or used as a weapon."

Formulate TWO rules using the statutes and case law provided: the FIRST rule should address the issue of whether the ice pick was "ready at hand." The SECOND rule should address whether the ice pick was "possessed, carried, or used as a weapon."

Reference no: EM133400790

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