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US District Court in CT: Gun Permit not Valid Cause for Arrest and Search
AmmoLand ^ | 12 August, 2021 | Dean Weingarten

Posted on 08/13/2021 4:49:30 AM PDT by marktwain

U.S.A.-(AmmoLand.com)- On 12 November 2018, at about 8:34 pm, Basel Soukaneh was driving in Waterbury, Connecticut. He was not familiar with the area and was attempting to find a house he was considering purchasing. The GPS on his cellphone had frozen. The cell phone was on a holder on the dash, so he pulled over to adjust it. Shortly after he pulled over, with the engine running, an officer knocked on his window and demanded his license.  The interior lights on the vehicle were turned on.

According to the complaint, Soukaneh rolled down his window and said “Hi” to the officer. The officer yelled “Your driver’s license!”. Soukaneh then took the driver’s license and his pistol permit from the visor of his vehicle and gave them to the officer, while telling the officer he had a pistol in the car.

The officer opened the door, grabbed Soukaneh, and attempted to force him from the vehicle. Soukaneh had his seat belt on but was pulled half out of the car before he was able to turn off the ignition and release the seat belt.

Soukaneh suffers from two herniated discs, so this action caused significant pain.

The officer handcuffed Soukaneh and placed him in the back of the police car, in an awkward and painful position. The officer searched Soukaneh’s pockets and took $320 and a flash drive, which contained pictures of his deceased father.

The officer or other officers (other officers had arrived) then searched Soukaneh’s car passenger compartment and trunk. The incident is claimed to have lasted longer than 30 minutes. Eventually, Soukaneh was given a traffic citation and released.

Basel Soukaneh filed suit for violation of Constitutional rights under color of law in United States District Court, District of Connecticut on 25 July 2019.

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


TOPICS: Constitution/Conservatism; Culture/Society; Government; News/Current Events
KEYWORDS: banglist; clintonjudge; ct; dconnecticut; janetarterton; janetbarterton; janetbondarterton; permit; police; rapinbilljudge; seniorjudge; voicevote
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Building a body of law that mere possession of arms is not probable cause to search or to do a Terry stop.
1 posted on 08/13/2021 4:49:30 AM PDT by marktwain
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To: null and void

Good news on this.


2 posted on 08/13/2021 4:53:50 AM PDT by wastedyears (The left would kill every single one of us and our families if they knew they could get away with it)
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To: marktwain

Population
White alone, percent  60.9%
Black or African American alone, percent(a)  21.7%
American Indian and Alaska Native alone, percent(a)  0.2%
Asian alone, percent(a)  2.4%

What’s wrong with Waterbury CT?
You haven’t imagined it: Waterbury has seen a rise in crime, compared to the previous year’s reckoning. Residents of “The Brass City” now face a 1 in 25.5 chance of being the victim of a property crime, a number twice as bad as the state’s average.Feb 4, 2020


3 posted on 08/13/2021 4:59:43 AM PDT by Bookshelf
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To: marktwain

In an alternative universe the cop would be arrested and charged with criminal assault, armed robbery, and probably some others, all “under color of authority”, not to mention oppression and denial of civil rights. Plus conspiracy on the part of the other officers.


4 posted on 08/13/2021 5:00:19 AM PDT by coloradan (They're not the mainstream media, they're the gaslight media. It's what they do. )
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To: coloradan

Oh, and, because this is CT, how about also having the cop investigated for “commission of a crime while in possession of a firearm” and “commission of a crime while in possession of a high capacity ammunition device” (with separate counts for each magazine, if any) and “commission of a crime while wearing body armor”, if indeed the cop was wearing it. Etc. Sauce for the goose.


5 posted on 08/13/2021 5:04:33 AM PDT by coloradan (They're not the mainstream media, they're the gaslight media. It's what they do. )
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To: coloradan
I bet Connecticut law has explicit exemptions for police on each of those law.

But, on the other hand, if the officer is shown to have committed a criminal act (probably not because I expect the department will settle rather than risk discovery) he would be subject to those laws....

6 posted on 08/13/2021 5:12:33 AM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries. )
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To: marktwain

The cop needs to be fired, and sued.


7 posted on 08/13/2021 5:19:40 AM PDT by I want the USA back (We have more to fear from our government than from the bug that the chicoms made for us. )
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To: marktwain

It doesn’t seem to matter how blatant the crime or how innocent the citizen is, the cop can do anything and plead qualified immunity because he carries a badge and he gets away with it...every time.


8 posted on 08/13/2021 5:23:25 AM PDT by Wingy (It's nice to be nice to the nice. (Stolen from Bagster who stole it from MASH))
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To: coloradan

but, it’s Connecticut where a criminal stats attorney gets elected to the US Senate.

If you want to see Maine, go through Canada and bypass the state. You aren’t welcome if not a serious left winger


9 posted on 08/13/2021 5:25:58 AM PDT by bert ( (KE. NP. N.C. +12) Like BLM, Joe Biden is a Domestic Enemy )
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To: Wingy
The court, in this case, refused to give the cop qualified immunity.

No qualified immunity for him!

10 posted on 08/13/2021 5:27:23 AM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries. )
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To: bert

Waterbury CT is a crime ridden shithole.


11 posted on 08/13/2021 5:29:33 AM PDT by Col Frank Slade
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To: Bookshelf
Waterbury was one a vibrant city,the world headquarters of Timex. My Dad used to go there regularly because his company bought parts and mechanisms from Timex.

But Timex died...and Waterbury died with it.

12 posted on 08/13/2021 5:33:23 AM PDT by Gay State Conservative (Covid Is All About Mail In Balloting)
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To: marktwain
Building a body of law that mere possession of arms is not probable cause to search or to do a Terry stop.

What don't they comprehend about "keep and bear" and "shall not be infringed"?

13 posted on 08/13/2021 5:34:12 AM PDT by JimRed (TERM LIMITS, NOW! Militia to the border! TRUTH is the new HATE SPEECH.)
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To: marktwain
Last September we were at a tourist spot in New York and,as it turned out,had parked illegally (as had many other cars,all with NY plates). A state trooper decided to give us a ticket as we were leaving. The first thing I said to him was "I have a license to carry but am unarmed at this time (which was true). He was cool with that...he didn't ask if he could search us or the car...but he did give my a $75 ticket.

An armed tax collector...knowing that an out of state driver wouldn't challenge the ticket.

14 posted on 08/13/2021 5:39:06 AM PDT by Gay State Conservative (Covid Is All About Mail In Balloting)
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To: Col Frank Slade
I've lived in Connecticut for about 6 years now and it is truly a state of contrasts.

Most of Connecticut is rural with lots of woods and farms, winding scenic roads and breathtaking beauty. Then you have your urban areas like Hartford, New Haven, Bridgeport, Waterbury that are just as you describe. Even parts of Danbury (that I live near) are turning that way and Danbury used to be a very nice town.

Of course, the above can be said about just about any part of America. I was recently out to Minnesota and it too had "no-go" urban areas that fit right in on a COPS episode. Yet the vast majority of the state is rural and scenic.

15 posted on 08/13/2021 5:40:04 AM PDT by SamAdams76 (Give me a Pigfoot and a Bottle of Beer)
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To: marktwain

Indeed, Terry clearly requires reasonable, articulable suspicion that a crime is/was/will be committed, not the mere possession of a firearm. In NY, mere possession is likely articulable reasonable as virtually no one has/is permitted to possess arms outside of home, hunting or range, such as it is there. In the real world of the rest of America, excepting several other NY like states, possession of arms is as common and lawful as possession of a book.

Here in MO, there is no disarmament allowed lawfully unless and until the officer has arrested a person. The “for everyone’s safety” line and mantra is patently unconstitutional and an affront to all law abiding and armed folks (unless the officer disarms too?). Since MO has been a shall issue and most recently a permitless carry state, officers must assume that an armed person is a) lawfully in possession until proven otherwise and b) to be left in possession of arms until proven otherwise.

Our decentralized, closed record, license process in MO assures that no one state or federal knows who has a CCW and of course, permitless as well.

If speech and or religion or assembly were treated like arms, we would truly live in a totalitarian state, but of course, that is what the left and much of the right desire. It is the possession of arms that limits the over reach of the rest, as the Founders described.


16 posted on 08/13/2021 5:41:39 AM PDT by Manly Warrior (US ARMY (Ret), "No Free Lunches for the Dogs of War" )
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To: marktwain

Yes, it’s good news about how the case was decided under the 2nd Amendment, but it points to another issue that needs to be discussed...

We needs law enforcement in the country, what we don’t need is Gestapo tactics of a certain percentage of cops that trample all over our rights.....cops have an extremely difficult job and are often not getting the training they deserve but the actions in this case were out of line...


17 posted on 08/13/2021 5:45:50 AM PDT by srmanuel (`)
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To: marktwain
Building a body of law that mere possession of arms is not probable cause to search or to do a Terry stop.

If exercising your 2A rights is grounds for a search, then exercising your 1A rights (e.g., church membership) should likewise be deemed just cause.

Regards,

18 posted on 08/13/2021 6:00:54 AM PDT by alexander_busek (Extraordinary claims require extraordinary evidence.)
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To: JimRed

Modern police are not about civil rights, you can watch 1000 videos of people being harassed. Some are just a-holes pushing on police to get them to react badly. Badges and authority seem to attract a certain segment of society that needs to be weeded out. Bullies and Karens abound.
All police officers suffer for the actions of this small group. They leave a bad after effect, but do not care.
Oaths and law enforcement are drifting apart at an alarming rate. The blue line is Blue vs the people. Not good.


19 posted on 08/13/2021 6:07:54 AM PDT by King_Corey (Buy SILVER and GOLD to hedge against the coming market destruction of FIAT currency)
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To: marktwain

It might but states like NY and NJ ha e written ridiculous gun laws, passed and signed into law, only to find out that they never made exemptions for law enforcement.

NYS had to amend the SAFE Act after signing it into law for law enforcement.

Crazy liberals slinging sh*t as usual.


20 posted on 08/13/2021 6:10:12 AM PDT by qaz123
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