The People, Plaintiff and Respondent v. Emmanuel Castillolopez, Defendant and Appellant

Summary

The court held that a folding knife or pocketknife is "locked into position" under Penal Code section 16470 only when its exposed blade is fixed or immobile, rather than merely held open by friction or spring tension. Because the Swiss Army knife's blade could be closed by applying pressure, the evidence did not establish that it was a prohibited dirk or dagger, so defendant's conviction could not stand. The Court of Appeal's judgment was affirmed.