If police search someone without sufficient grounds or cause and finds a concealed firearm and the person does not hold a concealed carry permit, can police arrest the person for illegal possession of the firearm? According to the Indiana State Supreme Court, the answer is now, because the Fourth Amendment protects against illegal search and seizure and thus does protect someone who is exercising their Second Amendment rights.
In a May 9 ruling regarding a case where an individual was “detained and questioned,” then arrested for possessing a gun, the Indiana Supreme Court ruled that Fourth Amendment protections cover individuals who are exercising Second Amendment rights as well.
The case, Thomas Pinner v. State, revolved around Pinner’s arrest after dropping a handgun while exiting a taxi outside a movie theater. The taxi driver claimed the sight of the gun made him fear he was going to be robbed.
The Indiana Supreme Court’s (ISC’s) opinion explains that Pinner is a black male who was with a black female. The opinion describes that officers Jason Palmer and George Stewart arrived at the movie theater to find Pinner sitting on a bench:…
Everyone should know their basic constitutional rights. Sadly, few do and often are not aware when those rights have been violated by police or others. Take time to know your rights and do your best to live within the law and to avoid situations like Pinner, whose carelessness led to his arrest and subsequent court case.