December 2017 – Firearm Offense – Motion to Suppress- Case Dismissed – Clinton Dist. Ct.

Our client, who was a legal resident from Brazil,  was stopped for speeding on Route 495 while traveling to work in his capacity as a constable.  He had a valid LTC however he had a previous charge for Improper Storage of a Firearm that was dismissed.  During the course of the roadside stop, the Trooper alleged that our client appeared nervous and was dressed in a manner similar to that of a police officer.  Based upon these factors as well as the prior Improper Storage of a Firearm charge, the Trooper detained our client and began questioning him about firearms, his immigration status and what was inside the vehicle.  The Trooper ordered our client to show his waistband, open up the center console and eventually had our client open up the glove compartment which contained a legally issued firearm.  The Trooper alleged that the firearm was not in our client’s custody and control and not properly locked and stored.  As such our client was charged with Improper Storage of a Firearm.  Through the filing of a Motion to Suppress and after an evidentiary hearing in which the Trooper testified, the Court concluded that the Trooper did not have sufficient reasonable suspicion to detain our client beyond the scope of the original stop (speeding).  The motion to suppress was allowed thus precluding the introduction of the firearm as well as the observations of the Trooper of the firearm inside the glove compartment.  With no evidence to offer at trial, the Commonwealth dismissed the case.

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