Second Circuit Rules Legal Gun Ownership Not Probable Cause for Warrantless Search

https://bearingarms.com ^ | August 12, 2024 | Cam Edwards

[alexander_busek]

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.

Would the presence of lawful reading material (books, pamphlets, periodicals - all covered under the 1st Amendment) in the vehicle likewise have given the cop the right to conduct a warrantless search?

No?

Then why should the presence of lawful firearms (covered under the 2nd Amendment) have entitled the cop to conduct such a search?

Regards,

[alexander_busek]

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.

Or: Anyone with a valid LIBRARY CARD (1st Amendment!) is probably "up to something" and hence should be subjected to a warrantless search!

Regards,

[CFW]

Can you imagine a police officer saying, “Oh, you are heading to vote before the polls close and that’s why you were speeding? Well, I better detain you here while I search your car. People that serious about voting are probably committing some type of crime.”

[kiryandil]

I was reading some of the reasoning of the officer’s defense, and just kept shaking my head.

[healy61]

Andrezewski huh? I’ll bet he has a few ancestors who would voluntarily kick his rancid ass like should have been done in Poland.

[Georgia Girl 2]

If nothing else the cop needs to serve time for being willfully ignernt. 😏

[dadgum]

Hang that power hungry troglodyte idiot.

[lapsus calami]

 

 

Nothing I haven't heard of before. About 15 years ago there was a reserve cop in a rinky-dink town here in Central Texas who would give licensed carriers the works when they got pulled over by him. Gun seized, serial numbers ran & checked for stolen, car searched from stem to stern, 30 to 45 minute traffic stop. That went on for about a month until he disappeared, never heard from again. Never saw anything about it in the news, so am guessing some people raised all kinds of hell with the police department until that guy was canned. I can recall the very early days of concealed carry in TX was like that, at that time you had to show the permit and identify as armed and for whatever the reason some places didn't get the memo and people suddenly found themselves surrounded by cops pointing guns at them, screaming commands. But it was well into the 2000's when that reserve guy was pulling his stunts and there was no excuse for drama by then.

 

 

[NorthMountain]

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

Any public servant who utters that phrase should be shackled to a post in front of the County Courthouse and given 15 lashes with a cat-o-nine-tails, laid on with gusto.