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2nd Circuit to cop: someone observing all the laws is not "probable cause" for a search
(www.techdirt.com)
There are additional details from ammoland.com (emphasis from source article):
Mr. Soukaneh claims that Officer Andrzejewski demanded that he tell the officer where the prostitute and drugs were located. The officer searched Soukaneh pulled out pills from the man’s pocket. The officer thought he found illicit drugs. In reality, what the officer discovered was Soukaneh’s nitroglycerin pills for his heart condition. In addition to the heart medication, the officer seized the $320 in cash plus a flash drive that contained pictures and videos of Soukaneh’s deceased father. Neither the flash drive nor the money was returned to Soukaneh.
They also mention that the cops DID run a check on the gun permit before figuring out how to write Soukaneh up.
Officer Andrzejewski ran Soukaneh’s gun permit and found it to be valid. Shortly after, another officer and a sergeant arrived on the scene. Andrzejewski asked the two what he should “write him up for.” The sergeant told Andrzejewski what to write into the computer system.
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:
Unsurprisingly, the lower court rejected the officer’s request for immunity, pointing out that while the initial encounter may have been justified, nothing that followed that (pulling Soukaneh from the car, handcuffing him, searching his vehicle, detaining him for another half-hour while trying to figure out what to cite him with) was supported by probable cause.
The Second Circuit comes to the same conclusion. Simply being made aware Soukaneh possessed an item millions of Americans also own legally is not probable cause for anything the officer did past that point.