Second Circuit – Fourth Amendment: Soukaneh v. Andrzejewski

United States Court of Appeals for the Second Circuit

Fourth Amendment — Qualified immunity — Lawfully owned firearm

Soukaneh v. Andrzejewski

21-2047-cv

Judges Lynch, Lee, and Robinson

Background: The plaintiff alleged that during the course of a routine traffic stop, the defendant violently handcuffed and detained him in the back of a police vehicle and conducted a warrantless search of the plaintiff’s vehicle after the plaintiff presented a valid firearms permit and disclosed that he was in possession of a firearm. The defendant appealed from the denial of his motion for summary judgment on the grounds that his conduct as a police officer was not shielded by qualified immunity. The defendant argues that the presence of the lawfully owned firearm in the vehicle gave him probable cause to detain the plaintiff and search his vehicle, including the trunk.

Ruling: The Second Circuit affirmed. The court held that the evidence supports the conclusion that the defendant violated the plaintiff’s Fourth Amendment rights to be free from unreasonable search and seizure when the plaintiff was detained and when the warrantless search was conducted.

Joseph A. Mengacci, corporation counsel, for the defendant-appellant; John R. Williams for the plaintiff-appellee.

Oral argument audio