The DC Court of Appeals reversed a lower court today when it found that an officer from the city's Gun Recovery Unit did not receive consent before finding a handgun during a warrantless search of the appellant's satchel: dccourts.gov/sites/default/…
"Denton said he was particularly concerned that Hawkins might have a gun because Denton’s unit had 'recovered many firearms' from satchels that summer."
"We just want to make sure everything is cool and nobody has any illegal firearms.”
"We agree that the government did not prove that Hawkins consented to Denton’s search and therefore reverse."
"Evaluated under the 'totality of the surrounding circumstances,'... it does not appear that Hawkins even had the opportunity to refuse consent."
"We need not go so far as to say that the videotape 'blatantly contradicts' the finding of consent... but we have not seen videotape evidence to support it."
"The officer’s conclusory reference to a 'trend' of finding guns hidden in satchels that summer was not supported by details which would allow the court to 'evaluate the reasonableness of [this] particular search[.]'"

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More from @2Aupdates

9 Apr
NEW: Florida v Weston (FL state court): Florida appeals court reverses trial court judge that struck down many of the state's firearm preemption law penalties in 2019. 1dca.org/content/downlo… ImageImageImageImage
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"Lest we overlook the fundamentally important broader context in which the present issues arise, we observe that, implicitly, Appellees sought to test the boundaries of the Second Amendment to the United States Constitution..." Image
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6 Apr
"Predictably, the killer used a semi-automatic handgun, a type of weapon the vast majority of civilians don’t need and which is far too easy to obtain in this country." nypost.com/2021/04/06/gun…
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26 Mar
Apparently they bought 8 MP5s from the Virginia State Police: Image
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11 Mar
"The fact that Heller and McDonald appear to have made no difference in at least four circuits is a powerful argument for this Court’s review."
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9 Mar
"At the outset, it must be noted that despite being named as a defendant in the caption of the Complaint, there is no actual cause of action alleged against the National Rifle Association of America, Inc." Image
"Plaintiff’s Complaint contains allegations regarding events that post-date the incident and have no relevance to the incident." Image
"...that Colt may have sold a model of an AR-15 rifle with a bayonet lug (despite no allegation that the Subject Rifle had a bayonet lug or that it has any relevance to the claims in the Complaint)... clearly have no bearing on the causes of action set forth in the Complaint..." Image
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