Dagobert II
May 10th, 2017, 6:06 PM
In Monday's opinion, the Supreme Court wholly agreed with Judge May's analysis. Specifically, the court ruled that a police officer, based only on a tip that a person possesses a handgun, may not detain that person to confirm that he has a license to carry:
"The United States Supreme Court has previously declared that law enforcement may not arbitrarily detain an individual to ensure compliance with licensing and registration laws without particularized facts supporting an inference of illegal conduct. See Prouse, 440 U.S. at 663 ('hold[ing] that except in those situations in which there is at least articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered, or that either the vehicle or an occupant is otherwise subject to seizure for violation of law, stopping an automobile and detaining the driver in order to check his driver’s license and the registration of the automobile are unreasonable under the Fourth Amendment'). In like fashion, we decline to endorse such behavior to ensure compliance with Indiana’s gun licensing laws."
In holding that police officers may not detain a person to determine if he possesses a handgun license, the Supreme Court not only ended a long-standing debate, it completely destroyed one of the central arguments against Constitutional Carry in Indiana.
"The United States Supreme Court has previously declared that law enforcement may not arbitrarily detain an individual to ensure compliance with licensing and registration laws without particularized facts supporting an inference of illegal conduct. See Prouse, 440 U.S. at 663 ('hold[ing] that except in those situations in which there is at least articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered, or that either the vehicle or an occupant is otherwise subject to seizure for violation of law, stopping an automobile and detaining the driver in order to check his driver’s license and the registration of the automobile are unreasonable under the Fourth Amendment'). In like fashion, we decline to endorse such behavior to ensure compliance with Indiana’s gun licensing laws."
In holding that police officers may not detain a person to determine if he possesses a handgun license, the Supreme Court not only ended a long-standing debate, it completely destroyed one of the central arguments against Constitutional Carry in Indiana.