Can cops in states that allow concealed carry search you just because they think you’re armed?
The “extremely important” question—sparked by Shaquille Robinson’s federal gun prosecution in West Virginia—pits a multi-time felon, five Republican state attorneys general, and a coalition of 10 conservative and gun rights groups against the Republican and vocally pro-gun-rights Trump administration.
Robinson’s case reveals deep tensions between gun rights and Fourth Amendment rights, and these tensions may collide at the high court if the justices decide to take his case.
“I think if the Court hears the case, we will see an interesting split amongst the Republican appointees,” appellate attorney Adam Farra of Cohen Milstein Sellers & Toll PLLC in Washington told Bloomberg BNA, referring to Chief Justice John G. Roberts, Jr. and Justices Thomas, Anthony M. Kennedy, Alito, and, Gorsuch. Farra previously clerked for Davis, one of the judges who joined Harris’s Fourth Circuit dissent.
Niemeyer “is one of the more conservative judges on the Fourth Circuit and a Republican appointee, and his opinion takes a more law-and-order view that the presence of a gun during a traffic stop is dangerous regardless of what the law is in West Virginia,” Farra said.
“That reflects the split on this issue between law-and-order conservatives and right-to-carry conservatives, and I think we’ll see that split reflected in the five more conservative Supreme Court Justices,” he said, referring to the five Republican appointees.
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