No Handcuffing Driver Just Because He Has Gun + Permit

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Bruenor
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No Handcuffing Driver Just Because He Has Gun + Permit

Post by Bruenor »

Soukaneh v. Andrzejewski Fourth Amendment Forbids Handcuffing Driver Just Because He Has Gun + Gun Permit

https://reason.com/volokh/2021/08/09/fo ... un-permit/" onclick="window.open(this.href);return false;
"Any contrary holding 'would eviscerate Fourth Amendment protections for lawfully armed individuals' by presuming a license expressly permitting possession of a firearm was invalid."
the court held that the handcuffing and detention violated the Fourth Amendment, assuming the facts were as the plaintiff alleged:
The court also held that the law was clear enough that the police officer didn't have qualified immunity from the claim. And it likewise held as to the follow-up search of the car:
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Brian D.
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Re: No Handcuffing Driver Just Because He Has Gun + Permit

Post by Brian D. »

If the defendant (cop) gets time in the Graybar Hotel, maybe some other cop will learn something. Otherwise, not so much.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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schmieg
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Re: No Handcuffing Driver Just Because He Has Gun + Permit

Post by schmieg »

Brian D. wrote:If the defendant (cop) gets time in the Graybar Hotel, maybe some other cop will learn something. Otherwise, not so much.
Depends on how much the damages are for the cop whose qualified immunity was removed.
-- Mike

"The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." - Ayn Rand
Brian D.
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Re: No Handcuffing Driver Just Because He Has Gun + Permit

Post by Brian D. »

Maybe, Mike.
Quit worrying, hide your gun well, shut up, and CARRY that handgun!

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1911 and Browning Hi Power Enthusianado.
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