{"id":49676,"date":"2021-09-16T07:00:49","date_gmt":"2021-09-16T12:00:49","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=49676"},"modified":"2021-09-16T07:00:49","modified_gmt":"2021-09-16T12:00:49","slug":"d-conn-handcuffing-a-concealed-carry-permit-holder-was-without-rs-and-unreasonable","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=49676","title":{"rendered":"D.Conn.: Handcuffing a concealed carry permit holder was without RS and unreasonable"},"content":{"rendered":"\n<p>\u201cIn 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 \u2018would eviscerate Fourth Amendment protections for lawfully armed individuals\u2019 by presuming a license expressly permitting possession of a firearm was invalid.\u201d <a href=\"https:\/\/casetext.com\/case\/soukaneh-v-andrzejewski\">Soukaneh v. Andrzejewski<\/a>, 2021 U.S. Dist. LEXIS 147750 (D.Conn. Aug. 6, 2021).<\/p>\n\n\n\n<p>Defense counsel wasn\u2019t ineffective for not challenging the dates on the search warrant and the file mark as making the warrant post-dated. It wasn\u2019t. United States v. Norton, 2021 U.S. Dist. LEXIS 175338 (N.D.Ind. Sept. 15, 2021).*<\/p>\n\n\n\n<p>2255 petitioner doesn\u2019t show that his ineffective assistance of counsel claim is either meritorious or that it would change the outcome of the case. Rodriguez v. United States, 2021 U.S. Dist. LEXIS 170357 (E.D.N.Y. Sept. 8, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cIn 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 &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=49676\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23,35],"tags":[],"class_list":["post-49676","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49676","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=49676"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49676\/revisions"}],"predecessor-version":[{"id":49677,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49676\/revisions\/49677"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=49676"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=49676"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=49676"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}