Arizona ruling overturns conviction of felon carrying gun
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Can police officers frisk anyone who appears to be carrying a gun? On Thursday, the Arizona Supreme Court ruled that they cannot unless they think the person is engaging in criminal behavior and is armed and dangerous. As a result, the court overturned the conviction of a felon caught carrying a gun.According to court records, in October 2010, police officers saw Johnathon Serna talking to a woman on the street in a "gang neighborhood." When the woman walked away, they approached Serna, who they described as "very cooperative and polite."
Then one of the officers noticed a bulge in Serna's waistband and asked if he had a gun. Serna said he did, and the police told him to put his hands on his head and took the gun. When the police learned that Serna had prior felony convictions, making him a "prohibited possessor," they arrested him and charged him with misconduct with weapons.At trial, Serna's attorneys claimed that Serna's Fourth Amendment rights against illegal search and seizure had been violated, but the judge rejected the claim, and the Arizona Court of Appeals upheld his conviction.Serna was sentenced to 2 1/2 years in prison. According to Arizona Department of Corrections records, he did the time and was released in December 2013.But on Thursday, the Arizona Supreme Court threw out his sentence and his conviction.
High Court: Police need
Court: Police need
Good ruling, I hope to see more gun rights restored and clarified across the nation. To many states infringe on this right in too many ways.