2d Circuit Holds Lawfully Possessed Gun Does Not Constitute Probable Cause
The Second Circuit upheld the denial of qualified immunity for Officer Andrzejewski, ruling that a valid firearms permit does not provide probable cause for arrest or search during a traffic stop.
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The Second Circuit Court upheld the denial of qualified immunity for Officer Nicholas Andrzejewski of the Waterbury Police Department, who arrested and searched Basel Soukaneh during a traffic stop. Soukaneh, who had a valid firearms permit, was detained and searched after disclosing his gun possession. The court ruled that the presence of a lawfully owned firearm did not provide probable cause for the officer's actions, as Soukaneh had complied with the law by informing the officer of his permit. The court found that Andrzejewski's argument—that the gun's presence justified the detention and search—was insufficient, especially since there was no indication that the permit was invalid. The incident occurred in a high-crime area, but the court emphasized that merely being in such an area does not constitute probable cause for suspicion. The ruling highlights the legal protections for permit holders and the limitations on police authority in detaining individuals based solely on the presence of a firearm.
- The Second Circuit ruled that a lawfully possessed firearm does not constitute probable cause for arrest.
- Officer Andrzejewski's actions during the traffic stop were deemed unlawful.
- Soukaneh had a valid firearms permit and complied with legal requirements.
- The court emphasized that being in a high-crime area alone does not justify police suspicion.
- The decision reinforces the rights of gun permit holders against unwarranted police actions.
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2 commentsThis varies by state. Whether required by law or not, though, carry permits often show up when the police run the license plate so handing over the carry permit along with driving license is good sense. It also shows the cop that you're not trying to hide anything.
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