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Old January 2, 2010, 12:00 PM   #6
Brian Pfleuger
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Join Date: June 25, 2008
Location: Central, Southern NY, USA
Posts: 18,292
Quote from the article:

Quote:
For most people, this would be enough to conclude that they were being harassed for the exercise of a constitutional right, but the officer went further, seizing the attorney's pistol and leaving with it. Officer Stern reasoned that because he could not confirm the "facially valid" license to carry, he would not permit the attorney to carry. Officer Stern drove away with the license and the firearm, leaving the attorney unarmed, dressed in a suit, and alone in what the officer himself argued was a high crime area.

The attorney sued in federal court, but the District Court threw out his suit, ruling that Officer Stern's behavior is the proper way to treat people who lawfully carry concealed pistols. Mr. Schubert appealed, and the First Circuit upheld the District Court's ruling. The court held that the stop was lawful and that Officer Stern "was permitted to take actions to ensure his own safety."

The court further held that the officer was entitled to confirm the validity of a "facially valid" license to carry a concealed weapon. The problem for Officer Stern was that there is no way to do so in Massachusetts, where this incident occurred. As a result, the court held that Officer Stern "sensibly opted to terminate the stop and release Schubert, but retain the weapon."
The worst part, the true violation in my opinion, is bolded.

This deputy STOLE the mans handgun! Since when can any officer simply TAKE PRIVATE PROPERTY? If he had cause to believe that this man was in violation of the law then he should have been arrested. If he was not arrested then the deputy can not just confiscate private property. No warrant, no arrest, no investigation? That is nonsense.
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