Posted on 08/19/2024 4:07:38 AM PDT by marktwain
A three-judge panel in the Court of Appeals for the Second Circuit has delivered a critical decision affirming Fourth Amendment protections and the right to keep and bear arms.
On November 12, 2018, Basel Soukaneh’s life was significantly disrupted. Soukaneh was looking for a house he was considering purchasing, but the GPS on his phone, held in a holder on the dash of his car, had frozen. He was unfamiliar with the area. Soukaneh pulled over to correct the problem, left the engine running, and had the interior lights on. A Waterbury police officer quickly knocked on his window and demanded to see his driver’s license. Soukaneh handed him the license and his legal concealed carry permit, then told the officer where his firearm was located in the vehicle.
The officer, Nicholas Andrzejewski, grabbed Soukaneh, dragged him from the car, and violently handcuffed him, causing significant pain. Andrzejewski then stuffed Soukaneh in the back of his police car and searched Soukaneh’s car, including the trunk. Several other officers came to the scene. One of them put Soukaneh in an upright, seated position instead of where Andrzejewski had stuffed him, with his head near the floor. After another half hour, he was released. It is not clear if he was charged with a traffic violation.
Andrzejewski appealed the case to the Court of Appeals for the Second Circuit. The three-judge panel affirmed the District court’s decision. At this point, the case has precedential value
(Excerpt) Read more at ammoland.com ...
I support law enforcement..... but that was a BIG MISTAKE!
I support punishment for this officer to the full extent of the law and then a civil lawsuit afterwards for that. A message needs to be sent through example to ALL police departments under the jurisdiction of the United States to NEVER do that again. Ever.
Emphasis in original. Police exceeding their authority and abusing We the People will end when individual public servants feel the pain personally. If The System doesn't provide justice, justice will be found outside The System.
A simple rule: A group that does not police itself will be policed, and they won't like it.
More details here
https://www.forbes.com/sites/nicksibilla/2021/09/15/court-rejects-qualified-immunity-for-cop-who-arrested-gun-owner-carrying-valid-permit/
I got pulled over with my cpl.
Officer said I rolled a stop sign which I totally did and informed me I had a tail light out.
Pretty light hearted. He asked me, any weapons in the car Mr. CPL holder?”
Then he went to his car and came back. He asked me “Is there any reason I shouldn’t let you be on your way?”. I was confused for a second then said NO.
He then told me the points and $250 fine penalties before handing my info back and saying have a good day.
I went straigt to the auto parts store and changed the bulb in the parking lot.
Are the Federal courts finally waking up to the fact that the words “keep and bear” and “shall not be infringed” mean something? Of course the courts in certain states (New York and Massachusetts,for example) still have complete contempt for 2A.
Most courts are following the guidance from the Supreme Court. There are several states and a few Circuit Courts of Appeal which are doing their best to defy the Supreme court and delay cases, hoping Harris is elected president and can appoint judges or pack the Court to reverse the Supreme Court decisions.
Massachusetts appeals courts...including the state's highest court...ruled that stun guns weren't protected by the 2nd Amemendment and upheld the conviction.
SCOTUS voted 9-0 to overturn the conviction,ruling that the law in question violated 2nd Amendment rights. In the decision's narrative the justices noted that the reasoning used by state's Supreme Court to uphold the law was "frivolous".
When it comes to many,many things in my home state our politicians...and judges...give new meaning to the word "frivolous".
👍👍👍👍👍
In many places the Ccw/cpl becomes a get out of jail free card. The cop realizes that you are an above average citizen and gives you extra credit.
What is qualified immunity?
Maybe they should fine the bulb manufacturer for the money they want to get???
Being a member of Blackrock/Deep State; no court will convict you, nor will you be treated like Trump, Jan6er's, or white males.
Just bought an old, obviously used, car and one of the first things on the list to do after an oil change was to replace every bulb with Sylvania silver star bulbs. Saved a few that I replaced in the MacGyver bag (tool bag) in the trunk.
“Oh, bulb out? No problem.I have a spare right here. I’ll get right on that officer =)”
Never give them an excuse
Leftists exist in all areas of society. LEO, too. I know.
This is no exception, and he has been judged.
No sworn officer without a leftist bent would ever treat an armed lawful citizen in such a manner and he deserves all that’s coming to him.
Officer said I rolled a stop sign which I totally did and informed me I had a tail light out.
... you seem to be worked up that he pulled him over - why? He let him go for both violations.
As for the light: Tires wear out. Brakes wear out. Windshield wipers wear out. When these things stop working properly they make the car dangerous to operate - just like burnt out bulbs. If you don't check them regularly feel free to eat a ticket. It is very easy to do - when you pull in at a glass front store cycle through your lights; at the next store back in and do it again. At the stop light use the reflection from the pickup truck or van in front of you to check.
For my part, I have been pulled over for having a light out, but have never been issued a ticket. The officer let me know to fix it but didn't care about the light; it was an appropriate reason to do a sobriety check at ~0230. In another instance I showed the officer the bulb I had purchased earlier that day after checking light functions in store glass.
My wife was with me when I got pulled over twice for minor speeding violations, 5-10 over. I was merrily sent on my way with no ticket or warning. She was dumbfounded
She later received a ticket for 34 in a 30 zone. The judge dismissed it but she had to waste her time in traffic court.
What you say has merit.
EC
“He then told me the points and $250 fine penalties...”
A chicken-shit power mad prlck...has no business being a cop. Just tell him about light and maybe warning about suburban stop.
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