66
2nd Circuit to cop: someone observing all the laws is not "probable cause" for a search
(www.techdirt.com)
Hey, welcome to BrainWorms.
This is a place where I post interesting things that I find and cant categorize into one of the main subs I follow. Enjoy a front seat as i descend into madness
There are additional details from ammoland.com (emphasis from source article):
They also mention that the cops DID run a check on the gun permit before figuring out how to write Soukaneh up.
Note, however, that the PDF of the ruling linked by techdirt has a footnote on page 6 saying, "It is unclear from the record when Andrzejewski determined that Soukaneh held a valid firearms license, and whether that determination occurred before, after, or during Andrzejewski’s search of Soukaneh’s car. Andrzejewski does not specify whether he ran the check on the firearm license before or after he searched Soukaneh’s vehicle. "
Of course, the medication, cash and flash drive were all found through an illegal search of the car, so that whole chunk is somewhat irrelevant, and thankfully, it looks like the lawyers all knew that because the PDF suggests it was only the cop who suggested a legal gun was probable cause to search the car.
So Soukaneh is suing the cop. It has now gone through two courts. Per the Techdirt piece: