Judge Denies Officer Qualified Immunity After Arrest of Lawful Gun Carrier
Judge Denies Police Officer Qualified Immunity After Arrested of Lawful Gun Carrier
Mr. Soukaneh is claiming that Officer Andrzejewski violated his Fourth Amendment rights by illegally searching him and his vehicle. He claims that the police officer didn’t have “reasonable suspicion of unlawful activity” to initiate the stop and that Officer Andrzejewski didn’t have probable cause for the search.
Officer Andrzejewski claims he is “entitled to qualified immunity because any violated rights were not clearly established.” According to the courts, “Qualified immunity gives government officials breathing room to make reasonable but mistaken judgments about legal questions.”
United States District Court, D. Connecticut Judge Janet Bond Arterton agreed that Officer Andrzejewski had reasonable suspicion due to the area where Soukaneh stopped his car. But Judge Arterton found that Officer Andrzejewski did not have probable cause to search Soukaneh’s car and person.