In a small win for gun owners, a New York court has ruled that owning an out of state gun permit is not enough “cause” for a New York cop to search a vehicle.
The incident that sparked the case was when a man who had recently moved to New York was pulled over by a Rye City, New York, police officer and when handing over his ID also handed the officer his Colorado concealed gun permit.
The permit spurred the officer to launch an all-out search of the man’s car because gun laws in New York pretty much eliminate anyone’s Second Amendment rights.
But the man took the search and subsequent arrest on “illegal” gun charges to court. He said that the only reason his car was searched was because he had a Colorado gun permit. Now the state’s courts have agreed.
According to Ammoland:
An out of state concealed carry permit does not establish sufficient cause to warrant a car search for firearms, a New York judge’s Decision and Order decided Wednesday. Further, the opinion concludes the sworn testimony of the officers involved is not borne out by police video camera and microphone evidence, and a recording from a defendant’s cell phone.
“The Court does not find that the search of the Defendant’s car was justified in any manner and accordingly grants the Defendant’s motion and suppresses any evidence obtained from the search of the Defendant’s car,” George E. Fufidio, Judge of the Westchester County Court wrote. That’s a significant opinion benefiting not just the defendant in the case of THE PEOPLE OF THE STATE OF NEW YORK -against- JONATHAN ROSE, Defendant, but for gun owners who find themselves in a similar situation.
Because of the illicit search, the defendant, Jonathan Rose, was charged with “class C violent felonies of Criminal Possession of a Weapon in the Second Degree (two counts), Criminal Possession of a Weapon in the Third Degree (three counts), Criminal Possession of a Weapon in the Fourth Degree (four counts) and a violation of New York State Vehicle and Traffic Law Section 402.”
Police also lied in the commission of this search and their subsequent attempts to justify it. Police said that Roselied to them about having a gun in the car and that “lie” caused the officer to search the car.
But an audio transcript of the traffic stop shows that the officer asked Rose “do you have a gun on you,” and Rose said “no.” Rose was telling the truth. He was not carrying a gun ON his person. There was one in his car, but the cop did not ask if Rose had a gun in his car. He asked if Rose had a gun “on” him.
Rose is not clear of the charges yet, though. He has set up a GoFundMe page to help with his legal expenses.
Follow Warner Todd Huston on Twitter @warnerthuston.