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Second Circuit Rules Legal Gun Ownership Not Probable Cause for Warrantless Search
https://bearingarms.com ^ | August 12, 2024 | Cam Edwards

Posted on 08/13/2024 4:22:14 AM PDT by Enterprise

That conduct, as alleged by Plaintiff-Appellee Basel Soukaneh, is that in the course of a routine traffic stop, Andrzejewski unlawfully and violently handcuffed and detained Soukaneh in the back of a police vehicle for over half an hour and conducted a warrantless search of Soukaneh’s vehicle after Soukaneh presented a facially valid firearms permit and disclosed that he possessed a firearm pursuant to the permit. On appeal, Andrzejewski argues we should reverse the district court’s denial of qualified immunity because the presence of the lawfully owned firearm in the vehicle gave him the requisite probable cause to detain Soukaneh, search the interior of his car, and search his trunk.

(Excerpt) Read more at bearingarms.com ...


TOPICS: Government
KEYWORDS: 2ndcircuit; 3judgepanel; 3to0; banglist; bethrobinson; bidenjudge; clintonjudge; dconnceticut; dconnecticut; euniceclee; gerardelynch; idiot; janetbondarterton; obamajudge; secondcircuit; threejudgepanel
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Officer Nicholas Andrzejewski. Looks like you screwed the pooch on this one. I wonder if this lawsuit will go after the chain of command for negligent training, negligent supervision, or negligent hiring?
1 posted on 08/13/2024 4:22:14 AM PDT by Enterprise
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To: Enterprise

He did exactly what states expect a law abiding person is supposed to do.

This police officer engaged in torture.


2 posted on 08/13/2024 4:29:28 AM PDT by ConservativeMind (Trump: Befuddling Democrats, Republicans, and the Media for the benefit of the US and all mankind.)
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To: Enterprise

Looks like he’s junior G man. If anything, possession of a firearms permit should tell a cop this individual is LESS likely to be criminal than the average person. The cop knows the permit holder is not a felon and has been certified by the state as citizen in good standing worthy of the right to carry a concealed firearm.


3 posted on 08/13/2024 4:33:09 AM PDT by hardspunned (Former DC GOP globalist stooge )
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To: Enterprise
As common sense as that position is, it's still somewhat surprising to see the Second Circuit panel unanimously reach that conclusion... especially since the panel was comprised of two Biden appointees and one judge appointed by Barack Obama.

Yes, the bad cop is going to get any more sympathetic hearing of his cause than this.

His cause is lost.

4 posted on 08/13/2024 4:48:18 AM PDT by Pontiac (The welfare state must fail because it is contrary to human nature and diminishes the human spirit.)
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To: Enterprise

Andrzejewski is an idiot. Must be a Democ Rat.


5 posted on 08/13/2024 4:54:28 AM PDT by ZULU (Remember: ABBEY GATE, Kate Steinle, Joscelyn Nungary, Rachel Morin and Laken Riley. )
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To: Enterprise
This is a very big deal. It removes qualified immunity from officers who have claimed the power to search merely because a firearm was present.

With 26 states now having Constitutional Carry, this has a large impact. Even the Second Circuit includes Vermont, which has had Constitutional Carry, where no permit is needed, for its entire existence.

While this is a Fourth Amendment case, including the lawful carry of firearms under the ambit of the Fourth Amendment is a significant blow to the administrative state.

6 posted on 08/13/2024 5:07:13 AM PDT by marktwain (The Republic is at risk. Resistance to the Democratic Party is Resistance to Tyranny. )
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To: Enterprise

“Andrzejewski’s argument is essentially that, by exercising our Second Amendment rights, we give up our Fourth Amendment right to be secure against unreasonable searches and seizures. In fact, he basically maintained that possessing a valid pistol permit gave him reasonable suspicion to search Soukaneh’s vehicle for some evidence of wrongdoing.”

That would be like saying anyone with a valid driver’s license is probably up to something and I should search their vehicle for drugs.


7 posted on 08/13/2024 5:09:39 AM PDT by servo1969
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To: Enterprise

Physical restraint and imprisonment is an arrest not detainment.

This was false arrest before the search ever started.


8 posted on 08/13/2024 5:10:34 AM PDT by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: hardspunned

“Looks like he’s junior G man. If anything, possession of a firearms permit should tell a cop this individual is LESS likely to be criminal than the average person. The cop knows the permit holder is not a felon and has been certified by the state as citizen in good standing worthy of the right to carry a concealed firearm.”

Exactly right. But that is logical critical thinking. They are trained to just act on autopilot and never think for themselves. This is why they have hire on IQ limits.


9 posted on 08/13/2024 5:18:04 AM PDT by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: Enterprise

He was NOT detained, he was KIDNAPPED AT GUN POINT and Held against his will. I actually think CFriminal Penalties should apply to the Thug in the Magic Blue Costume.


10 posted on 08/13/2024 5:30:43 AM PDT by eyeamok
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To: Enterprise
On appeal, Andrzejewski argues we should reverse the district court’s denial of qualified immunity because the presence of the lawfully owned firearm in the vehicle gave him the requisite probable cause to detain Soukaneh, search the interior of his car, and search his trunk.

That is one of the most facially absurd arguments I have ever heard. Not only should the victim of this insanity be compensated, out of the government employee's pocket, the government employee should face trial for kidnapping, wanton destruction of property, and violation of civil rights. At least.

Hey FR Cops! You want to see why even honest citizens hate you? Look in the mirror. If you're not up front trying to stop this kind of criminal misconduct in your ranks, YOU ARE PART OF THE PROBLEM.

11 posted on 08/13/2024 5:38:58 AM PDT by NorthMountain (... the right of the people to keep and bear arms shall not be infringed)
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To: eyeamok

The PO would not want me on the jury for a deprivation of rights under color of law case against him.


12 posted on 08/13/2024 5:47:25 AM PDT by FreedomPoster (Islam delenda est)
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To: eyeamok

“He was NOT detained, he was KIDNAPPED AT GUN POINT and Held against his will.”

Exactly right. But the words “officer’s discretion, official command, and my investigation” are now a license to override all Constitutional rights at will.

“This chapter discusses the potential inadmissibility of evidence for failure to abide by constitutional mandates and areas of potential liability. The failure of law enforcement officers to comply with the mandates of the US Constitution, as interpreted by the courts, may result not only in the dismissal and loss of cases, but also in possible liability on the part of the officer, as well as supervisors and the agency. Although the civil rights statutes under which most actions are initiated against police for failure to comply with constitutional mandates were passed just after the Civil War, it is only recently that they have been used extensively. Failing to comply with constitutional mandates as interpreted by the courts may also result in criminal action against officers in federal court. The adoption of the exclusionary rule by the Supreme Court in 1914 made it essential that all law enforcement officials be aware of the rules surrounding search and seizure.”

https://www.taylorfrancis.com/chapters/mono/10.4324/9781003341109-2/results-failure-comply-constitutional-mandates-jeffery-walker-craig-hemmens?context=ubx&refId=7aeea79a-a597-43dc-874a-09864bbc1e70


13 posted on 08/13/2024 5:54:42 AM PDT by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: Enterprise

Absolutely crazy for the cop to react that way. 1. Concealed Carry Permit holders are less likely to commit crime than police officers. 2. If the guy is showing you his conceal carry permit first thing as is required, he’s not threatening you. Quite the contrary.


14 posted on 08/13/2024 6:07:56 AM PDT by FLT-bird
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To: Enterprise

According to Dr Clarissa Cole, fully half the people who flat out FAILED the psych exam were hired anyway.

Did Andrzejewski fail his psych exam?

Who hired him anyway, knowing full well he’d be a loose cannon?

Find that person or persons and FIRE them, then sue each and every one of them.


15 posted on 08/13/2024 6:08:04 AM PDT by null and void (I identify as a conspiracy theorist. My personal pronouns are told/you/so.)
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To: Openurmind

Don’t forget the now ubiquitous phrase, “officer safety.”


16 posted on 08/13/2024 6:34:43 AM PDT by SpirituTuo ( )
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To: null and void

This behavior is most likely promoted by upper management and the ruling class.


17 posted on 08/13/2024 6:45:43 AM PDT by riverrunner
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To: SpirituTuo

True... That one carries the justification for execution on the spot even if wrong.


18 posted on 08/13/2024 6:47:14 AM PDT by Openurmind (The ultimate test of a moral society is the kind of world it leaves to its children. ~ D. Bonhoeffer)
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To: Enterprise; CFW

https://storage.courtlistener.com/recap/gov.uscourts.ca2.55201/gov.uscourts.ca2.55201.85.1.pdf

Appeal from the United States District Court
for the District of Connecticut
No. 19-cv-1147, Janet Bond Arterton [Clinton judge], Judge.

Before: LYNCH, LEE, AND ROBINSON, Second Circuit Judges

Eunice C. Lee - Biden judge
Beth Robinson - Biden judge
Gerard E. Lynch - Obama judge

from the looks of this lineup, the officer is well and truly screwed.


19 posted on 08/13/2024 7:06:06 AM PDT by kiryandil (FR Democrat Party operatives! Rally in defense of your Colombian cartel stooge Merchan!)
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To: kiryandil

Thanks for the ping!


20 posted on 08/13/2024 7:20:22 AM PDT by CFW
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