An allegedly well-meaning airport worker, found guilty of assisting a passenger carry a small knife onboard a plane to avoid having to pay a fee to have it checked, has not been able to avoid conviction, as reported by the Courthouse News Service.
Because the airport worker, B.H., bypassed JetBlue security in an attempt to undermine the weapon law, the 9th Circuit ruled against overturning his conviction.
In 2011 passenger E.H. left his luggage at curbside check in while he was preparing to board a flight to Long Beach. Entering the security checkpoint, Transportation Safety Administration officers removed a 2.5-inch pocketknife from his carry-on bag. B.H. then went with E.H. to the JetBlue ticketing counter to pay $30 to check the knife onto the plane separately.
E.H. refused to pay the extra fee and B.H., quietly, offered to assist him – suggesting that he himself bypass security and use his own airport security clearance to carry the knife through. B.H. allegedly offered to then enter the boarding area and meet B.H. in a public restroom to hand him back the knife.
Transportation Safety Administration officer A.H., that observed E.H. and B.H. during the security checkpoint, grew suspicious. A.H. alerted his supervisor and the supervisor boarded the plane, approached E.H. and ordered him to hand over the knife.
E.H. was able to stay on his flight to Long Beach, and was not further detained by security.
B.H. faced charges of conspiracy to carry a concealed dangerous weapon on an aircraft, and aiding and abetting the carrying of a concealed dangerous weapon on an aircraft.
B.H. unsuccessfully argued that the size of the knife – less than 3 inches and considered a pocketknife – was not large enough to be considered a "dangerous weapon." However the charges were not dismissed by a Los Angeles federal judge.
B.H. pleaded guilty but he reserved his right to file an appeal.
The law was found to be completely clear, according to a three-judge panel in the 9th Circuit, and the conviction was affirmed.
The court ruled that any knife of any size that is carried onto a plane is a threat. The panel cited two other cases with similarities: one was a starter pistol and the other involved a 3-inch knife that was in a belt buckle.
In explaining the court's decision, Judge Susan Graber wrote, "A pocketknife can inflict, at a minimum, permanent injury. It can incapacitate, at least temporarily, key personnel on an aircraft. In the confines of an aircraft, its display has the potential to provoke a violent response…the pocketknife at issue here is 'readily adaptable' to a dangerous use, even if it is not intended for that use. No alteration is required to enable it to inflict serious bodily harm. Therefore…a pocketknife with a blade of just under two-and-a-half inches is a 'dangerous weapon' aboard an aircraft."
If you are facing one or more criminal charges, contact a criminal defense attorney for your initial case or, if applicable, your appeal.
