There's no such thing as a non-lethal weapon, just a less lethal weapon. I agree with their legal designation as a deadly weapon. And unlike a baseball bat or a cane, a collapsible baton doesn't come with the "I had it for a different reason and only swung it because I had it with me" legal defense. If you're a responsible adult with no criminal record and you can demonstrate that you've been trained in the proper use of the baton and a jury believes that you didn't do anything excessive then you might be able to escape a criminal trial with your hide intact. Otherwise, nope. Either way, your wallet is going to be emptied by all the court fees.

In other words, a baton is just a bad idea all around.

Powerful relative to what? It's definitely inferior to a single piece baton because there will always be the potential for it to collapse in use. IMHO it's also a much worse weapon than anything ranged, including pepper spray.

I don't see any power advantage or increased lethality with an expandable over a more traditional night stick or tonfa.  I can see just how much better for the LEO it must be to not have to constantly draw it out of their belt every time they get in their vehicles, and then always remember to grab it while getting out.  And then there is the whole walking running climbing and maneuverability through a normal pedestrian day with a full size stick bouncing off the back of your knee that must feel similar to my tool belt with a hammer in the loop.

Thanks bikewer that was very informative, I think you hit on all the points (no pun intended)  so similarly armed or larger opponents and I'm assuming possibly when your out numbered but legally speaking would the law be more lenient towards someone using a knife in a deadly force situation or a baton (or similar impact weapon) in a deadly force situation I would think a knife would be a much more devastating weapon more likely to kill or seriously injure than a baton?

Massad Ayoob is a great resource.

...used other than directed = headaches and trouble

A bit of history for those interested.   When I started my police career in '68, nearly everyone carried a "slapper".   That's a flat, spring-loaded leather sap.
Other devices that were popular included "sap gloves", blackjacks, and various other kinds of impact weapons that were intended to be used at close range.
Nightsticks were mostly wood, but plastic models had just been introduced.
There was little or no training with any of these devices.  We, in the police academy, were encouraged to "buy a nightstick and don't be afraid to use it".
The normal target was the head.
I had a fair bit of training with different forms of stick fighting... Never bought any sort of slapper, and kept a conventional nightstick.      Large, long, heavy flashlights were popular as well... The typical 5-cell "Kel-Light" was quite popular.

Long about the mid-70s, things began to change.   Most more-progressive departments flatly prohibited anything other than a conventional nightstick.   We were not told particularly why, but it was assumed that it was something to do with liability. 

The nightstick continued to be standard and again, there was little in the way of training.   "Hit 'em in the head" was pretty much the technique.   
Somewhere around the mid 80s, I attended a "Risk Management" class that was geared to "use of force" complaints.
The reasons for banning all those various weapons became clear.
People were filing large lawsuits for head trauma and debilitating injuries... And winning.   Blows to the head were causing serious, long-term disabling injuries.  Cognitive problems, memory loss, tremors, Parkinson's.....
Blows to joints (which is what I had primarily learned) caused severe, long-term debilitating injuries like "drop foot"   (a nerve-damage syndrome).
All of these things were sources of lucrative lawsuits and plaintiffs were winning them.

So...Police departments across the country radically changed their use-of force policies.    Systems like the popular PPCT system (Pressure Point Control Tactics) became standardized.
A strict "continuum of force" system was implemented.
Less-lethal or non-lethal devices like pepper-spray and Tasers were incorporated.
"Defensive tactics" were altered to promote techniques which would (hopefully) subdue the resisting suspect without causing permanent injury..... And which could also be defended in court.
Our department is pretty typical.  We usually carry a Taser, pepper-spray, an expandable baton, and a pistol.   We have an AR-platform "patrol rifle" in the squad car.
So we can go anywhere from "standing around looking like police" to up to any level of force required.