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Fourth Amendment forbids temporary arrest of gun owner with permit
From the federal District Court, District of Connecticut. Driver stopped, hands over his driver's license and permit to carry, informs officer that he had a gun and a permit. He winds up handcuffed, the officer gets carried away, and he sues. Motion to dismiss denied.
"In light of the uncontested fact that Plaintiff presented his pistol permit to Defendant before or at the time he disclosed that he was in possession of a pistol and the absence of any other indicia that Plaintiff was otherwise violating the statute, no reasonable officer could believe probable cause was present. Any contrary holding "would eviscerate Fourth Amendment protections for lawfully armed individuals" by presuming a license expressly permitting possession of a firearm was invalid. United States v. Black, 707 F.3d 531 (4th Cir. 2013) (holding that an individual openly carrying a firearm, even when in a high-crime area...."
5 Comments | Leave a comment
And what happens to the officers who deprived the gun owner of his rights?
Here we go again, say it with me folks . . . Never, ever, talk to the police.
A quick check shows that Conn is not a duty to inform state.
The Officer in Question needs a year long remedial course in Constitutional Law and another year as a Probational Officer under the supervision of a senior command Officer.. or he could look for another line of work…
@Bruce Gordon
No, the officer in question needs to be in f'n jail
Following the officer's logic, he could detain any driver to verify their DL was, in fact, valid and proceed to do a search of the vehicle.