“The desire to confirm the legitimacy of the facially valid firearms permit that
Soukaneh presented did not—with nothing more—provide Andrzejewski with
probable cause for the half-hour or longer handcuffed detention that occurred. It
is uncontested that Soukaneh presented Andrzejewski with a gun license, the
legitimacy of which Andrzejewski himself admits he had no reason to question.
Moreover, Andrzejewski concedes that he was informed of the facially valid
license before Soukaneh told him that he had a gun and specified its location.
Andrzejewski does not allege that the permit appeared abnormal in any fashion
or that Soukaneh engaged in any suspicious or threatening behavior. On the facts
before us, Andrzejewski does not provide an articulable reason why he, or any
other reasonable officer, could conclude that there was probable cause to believe
that Soukaneh possessed his firearm unlawfully in violation of Section 29-38(a).
To find otherwise would consign those validly carrying firearms pursuant to a
license to automatic detention because it would effectively presume that gun
permits are invalid until proven valid, or that lawfully owned guns are per se
contraband until proven otherwise. Such a finding would effectively render
armed individuals’ Fourth Amendment rights meaningless when they are
lawfully carrying firearms.” – From the 2nd Circuit Court of Appeals ruling in Soukaneh v. Andrzejewski, August 12, 2024.
The Editors’ Quote of the Day:
