{"id":57157,"date":"2024-02-26T07:12:11","date_gmt":"2024-02-26T12:12:11","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57157"},"modified":"2024-02-26T08:40:58","modified_gmt":"2024-02-26T13:40:58","slug":"e-d-n-y-under-bruen-possibility-def-is-licensed-to-carry-in-nys-defeats-pc","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=57157","title":{"rendered":"E.D.N.Y.: Under <em>Bruen<\/em>, possibility def is licensed to carry in NYS defeats PC"},"content":{"rendered":"\n<p>Even under NYS\u2019s firearm licensing scheme, mere possession of a firearm isn\u2019t probable cause the person in possession is committing crime because he might be licensed. \u201cThe question before the court in this case is whether, after the Supreme Court&#8217;s decision in New York State Rifle &amp; Pistol Ass&#8217;n, Inc. v. Bruen, 597 U.S. 1 (2022), the arresting officer had probable cause when he saw a person with a firearm in public but did not know the person&#8217;s identity. The court holds that the officer did not have probable cause and therefore GRANTS Mr. Homer&#8217;s motion to suppress.\u201d The mere possibility he was licensed was enough considering the weight of the right involved. United States v. Homer, 2024 U.S. Dist. LEXIS 19794 (E.D. N.Y. Feb. 5, 2024). [So why wouldn\u2019t this apply to marijuana?]<\/p>\n\n\n\n<p>Probable cause existed for this warrant, and a factual error in the statement of fact was not material. United States v. Davis, 2024 U.S. App. LEXIS 4206 (4th Cir. Jan. 25, 2024).*<\/p>\n\n\n\n<p>When officers arrived to get defendant\u2019s DNA sample for a sex offense investigation, he was wearing the same hat described by his victims. State v. Turner, 2024-Ohio-684 (2d Dist. Feb. 23, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Even under NYS\u2019s firearm licensing scheme, mere possession of a firearm isn\u2019t probable cause the person in possession is committing crime because he might be licensed. \u201cThe question before the court in this case is whether, after the Supreme Court&#8217;s &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=57157\">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":[20],"tags":[],"class_list":["post-57157","post","type-post","status-publish","format-standard","hentry","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57157","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=57157"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57157\/revisions"}],"predecessor-version":[{"id":57161,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57157\/revisions\/57161"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57157"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57157"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57157"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}