Gov. Hogan now has an excuse?

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    R

    redeemed.man

    Ultimate Member
    Apr 29, 2013
    17,444
    HoCo
    esqappellate said:
    \\
    The challenge was to a search of a car in a traffic stop and an arrest because the plaintiff (a PA resident who had a PA carry permit) possessed a loaded gun in the trunk of his car (because it was loaded, the transport was not protected by 18 USC 926A). Opinion is attached. This plaintiff committed many mistakes in talking with the LEO (take my concealed carry course) but still could sue because he told the LEO that the gun was unloaded (on the mistaken premise that unloaded meant that the chamber was empty) and the LEO nonetheless went over the clearly established line in searching the trunk. The court held that it was "clearly established at the time of the traffic stop that the Officers could only search plaintiff's trunk if they had probable cause to believe that it contained evidence of a crime." The opinion contains an excellent discussion of "probable cause." The important lesson that folks could reasonably draw is that a person's words are more than sufficient to create "probable cause." Another important lesson is how critical having a CCW permit can be. (I have a permit from 7 States).
    Click to expand...
    Would this be the MTAP case on I95 in Baltimore?
     
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