U.S.A. –-(AmmoLand.com)- On 12 November 2018, at about 8:34 pm, Basel Soukaneh was driving in Waterbury, Connecticut. He was not familiar with the area and was attempting to find a house he was considering purchasing. The GPS on his cellphone had frozen. The cell phone was on a holder on the dash, so he pulled over to adjust it. Shortly after he pulled over, with the engine running, an officer knocked on his window and demanded his license. The interior lights on the vehicle were turned on.
According to the complaint, Soukaneh rolled down his window and said “Hi” to the officer. The officer yelled “Your driver’s license!”. Soukaneh then took the driver’s license and his pistol permit from the visor of his vehicle and gave them to the officer, while telling the officer he had a pistol in the car.
The officer opened the door, grabbed Soukaneh, and attempted to force him from the vehicle. Soukaneh had his seat belt on but was pulled half out of the car before he was able to turn off the ignition and release the seat belt.
Soukaneh suffers from two herniated discs, so this action caused significant pain.
The officer handcuffed Soukaneh and placed him in the back of the police car, in an awkward and painful position. The officer searched Soukaneh’s pockets and took $320 and a flash drive, which contained pictures of his deceased father.
The officer or other officers (other officers had arrived) then searched Soukaneh’s car passenger compartment and trunk. The incident is claimed to have lasted longer than 30 minutes. Eventually, Soukaneh was given a traffic citation and released.
Basel Soukaneh filed suit for violation of Constitutional rights under color of law in United States District Court, District of Connecticut on 25 July 2019.
Officer David Andrzejewski responded, though his attorney, that he was covered by qualified immunity because the plaintiff was in possession of a pistol, which made him objectively dangerous. The officer claimed qualified immunity applied simply because the pistol was there.
On 6 August 2021, The United States District Court, District of Connecticut found possession of a firearms permit and a firearm was not probable cause for arrest and search of a vehicle and was not sufficient cause for a Terry stop detention and search.
On this record, no reasonable officer could conclude that Plaintiff posed a meaningful threat of being “armed and dangerous” simply because he disclosed that he had a pistol and a license to possess it.Knowles, 525 U.S. at 118 (emphasis added). Any contrary holding would make it practically impossible for the lawful owner of a firearm to maintain a Fourth Amendment right to privacy in his or her automobile. See supra 9-10. The Court therefore denies summary judgment on the search of the vehicle and declines to immunize the office.
A consistent body of law is building. Mere possession of arms is not a justification to stop and/or search a person. The courts have been clear. When a legal activity is commonly practiced in a community, the mere exercise of the legal activity is not a justification to stop, or arrest, or search people who are exercising that activity.
While it may not be germane to the case, it is amusing to note the brief put forward in defense of Officer Andrzejewski misspelled the plaintiff’s name.
Soukaneh, was misspelled as Soukarieh. It is unusual to see misspelled words or names in federal court cases.
The finding that Officer David Andrzejewski does not have qualified immunity, in this case, means a settlement is likely.
Because the case can go forward, discovery can be required. Evidence such as body camera video, radio logs, telephone logs, and officer timesheets are likely to be demanded from the department. These things could establish a clear, undisputed, timeline for the stop, arrest, and search.
Several other officers may be implicated.
In such situations, Police departments are often willing to settle for a few hundred thousand dollars of taxpayer money rather than submit to discovery.
About Dean Weingarten:
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
qualified immunity for all government agent needs to be stricken from law. you shouldn’t be able to violate law if you are a government agent. if a they do anything that is outside the bounds of law they must be held accountable. then and only then will the abuses from these government actors decline and/or stop. all government agents should be required to purchase professional liability insurance as i had to when i was working as a medical professional, and not hide behind the government and make the taxpayers pay when they violate rights. it has to hurt them personally/financially… Read more »
I wholeheartedly agree with you, but that’s a lot of shoulds, and nobody there is no will to make this happen from either side of the discussion.
Andrzejewski should lose his job, any benefits (including pension) he was otherwise entitled to, be prevented from ever working for any government entity in the state of CT, be charged, convicted, incarcerated, and sued such that he loses his house and anything else he as of value.
Since there were (oddly) no “good apples” around to intervene, the other bad apples who participated in violating Soukaneh’s rights should all be fired.
Agreed 100%. As this cop does not have immunity he should also be sued personally so it directly hurts his pocket book and charges for battery should be filed against him.
It’s the only way things will change – bad cops go to jail and lose everything they own through civil action.
You don’t go to jail for a civil case.
Don, are you really as obtuse as TEX, or just pretending? JSNMGC said go to jail AND lose civil actions.
He’s dealing with you, TEX, ad hominem slur artist, mentally unable to deal with arguments rationally, deletes posts & RUNS AWAY like a hyena with a false penis.
Of course he is not going to jail because of a civil case. “The only way things will change is if bad cops go to jail and lose everything they own through a civil case.” Go to jail – did I really need to say “via a criminal case” before the word “and?” Lose everything they own – through a civil case Read the post below that I wrote yesterday – here’s an excerpt: “If what is written in the article is correct, I hope Andrzejewski loses everything he owns and his wife divorces him. I didn’t see any mention in… Read more »
You’ve asked versions of that question many times. Enforcers never answer. They think THE BLUE should be able to Just F’g OBEY unconstitutional laws & orders with total impunity and still get lick jobs from groveling glazy-eyed false-authority-worshiping Republicans, but they don’t want to say that here.
Their silence is deafening (and telling). I do appreciate the ones who speak out against bad apples. I also appreciate that Don (the former Washington State Police enforcer) has been outspoken before about how he would follow any order to enforce a law requiring registration of semiautomatic rifles. I assume most enforcers are like him (since none came out and called him a POS). He even refused to answer the question about whether he would follow orders to enforce confiscation laws. The lack of any answer was an answer. They talk a lot about how other people (politicians) should follow… Read more »
Don,
If what Dean wrote is correct, what do you think should happen to Andrzejewski – in the civil case?
Do you think he should have been charged criminally?
TEX
“He won’t. Why would he? What’s the evidence against him?”
Response to “TEX”(Will, et al.):
Did you read the article?
My question included this: “If what Dean wrote is correct,”
That phrase meant: assume there is evidence to indicate what Dean wrote was correct (like body cameras or other video).
TEX – 8/15/21:
“You are a total moron.You are against Red Flag Laws because it denies due process. But you are perfectly fine with denying law enforcement officers due process based on nothing other than the word of the butt hurt complainant? You’re an idiot!”
Response to “TEX”(Will, et al.):
There you go lying again.
I want due process for everyone.
For purposes of this discussion, I asked what you thought should happend “If what Dean wrote is correct,”
TEX – 8/15/21:
“I like Dean. But over the years Dean has been wrong more times that I want to remember.”
Response to “TEX”(Will, et al.):
This case has been written about elsewhere. Have you found a source that is substantially different than what Dean wrote?
“For the foregoing reasons, Defendant’s Motion for Summary Judgment is GRANTED as to the initial stop and DENIED as to the de facto arrest of Plaintiff, the search of the passenger compartment of his car, and the search of his automobile trunk.” Well, that didn’t pan out, Andrzejewski. Did you hide your assets? The prosecution knows enforcers try to do this (because the idiots write about it on the internet). When they find those assets (easy to do), the judge and jury are going to be pissed and it’s not going to go well for you. You shouldn’t have listened to people… Read more »
“Dean’s been wrong more times that (sic) I remember”
-TEX
Room-temp IQ ex-cop knows when >100 IQ writer’s wrong? LoL
“nothing but the word of a butt hurt complainant”.
-TEX
You think “LEOs” not being above the law denies due process.
You deny due process to civilians.
TEX – 8/15/21:
“Dean? Lol”
Response to “TEX”(Will, et al.):
Why do you find that humorous?
TEX – 8/15/21:
“Don,you’re dealing with a complete idiot. It’s best just to ignore.”
Response to “TEX”(Will, et al.):
Yesterday you were whining that I replied to posts that were not addressed to me. You do the same thing – frequently.
Are the double standards a holdover from your enforcer days?
That’s right TEX! Evade accountability for your illegal acts like a female hyena with a false penis! LOL!
TEX
“Most cops I know former and current put their high end assets in a family members name although they had immunity from any frivolous civil/criminal actions.That’s right! LOL”
Response to “TEX”(Will, et al.):
It’s funny to you that they attempt to circumvent legitimate actions against them for violating people’s rights? Let me lay that out for you:
“They don’t try to hide assets,they hide’em!” -TEX
So they can harm civilians in ways not covered by qualified immunity.
TEX – 8/15/21:
“They don’t attempt to hide their assets,they do hide their assets!”
Response to “TEX”(Will, et al.):
The only thing that will be effective at is ensuring their spouse gets more than half their assets during their divorce (unrelated to violating others’ civil rights).
And, as you know, enforcers have a high divorce rate (many bring that lying home with them).
92 – 98 is the sweet spot.
TEX – 8/15/21:
“Did I say anything about a spouse?”
Response to “TEX”(Will, et al.):
Even more damning.
“Did I say anything about a spouse?” -TEX
Good point. “Partner” in your case? Is his handle Ernst Rohm? Say, weren’t you off to your SS meets?
You don’t come here for the hunting, do you?
Battery??? How about kidnapping, grand theft, felony assault with a deadly weapon, and violating Constitutional rights? That’s a lot of felonies and a lot of jail time. It would also ensure that he wouldn’t be employable by government again.
Or even more attractive to the Xiden Junta, maybe as a contractor.
And, for good measure while you’re at it, burn down their police station.
Why would you encourage someone to destroy a property that the taxpayers have graciously provided for the use of enforcers? Such destruction is despicable. For example, when the cowardly enforcers in Minneapolis ran way in 2020 and allowed violent rioters to destroy the taxpayer-provided building they used as their headquarters, government employees should have been held responsible (for ordering people to run away, for running away, and for not arresting the people who actually caused the destruction). My views on law enforcement (as a group, not all individuals) began changing in 1992 and 1993. Since then, there have been more incidents of… Read more »
TEX – 8/13/21
“Is that all you got Rev?”
Response to “TEX”(Will, et al.):
Have you ever considered attempting to make a point?
Careful. It’s learning.
Hmmmm. It has a long way to go.
True, but it has begun parroting words like deflection, avoiding CAPS & multiple exclamation points, etc. It’s a slow processor but eventually it’ll stop saying “pissant” once it recognizes how stupid it sounds to others.
He occaisionally puts a case of exclamation points in a cabinet with a glass door that says “break in case of emergency.” When he gets triggered and can’t respond logically to something he is emotionally invested in, he smashed the glass, grabs a fistful of exclamation points and lashes out with the swearing, lying, and emoting. He cannot help himself. He just gets frustrated that it doesn’t work on the internet like it did when he had a badge, a gun, and a radio. He never had to be logical when he bullied some 16 year-old he pulled over for… Read more »
“Is that all you got Rev?”
-TEX
Shut it, “pissant”.
Dear Friend, it’s called sarcasm.
Identified the sarcasm – looked like it was pointed towards support of POS Andrzejewski. The first part of my reply was sarcasm in return.
Putting all that aside, what are your thoughts on Andrzejewski and the people who assisted him?
TEX – 8/13/21:
“Wass,just ignore poor rev he’s having another bad day!”
Response to “TEX”(Will, et al.):
Not true “TEX”(Will, et al.). Today is a spectacular day. Just finished a beautiful hike and will be going to the rodeo this evening.
What are your thoughts on the actions of David Andrzejewski (as described by Dean)?
By the way, what is “rev?”
Don’t say “hiking” or “rodeo” around TEX(!!!) or you may be in for some brokeback goat roper action.
Or maybe the department’s training should be corrected because it seems the officers are taught that being in possession of a pistol, makes someone objectively dangerous.
Always training. LAPD shoots over 100 rounds at newspaper delivery ladies. The enforcers get more training. Do we really need to train people not to act like that? Anyhow, the article didn’t say he was trained that possession of a pistol makes someone objectively dangerous, it stated that was his belief. To all you enforcers out there: Americans have guns. You can’t assault Americans because they tell you they have a gun. If what is written in the article is correct, I hope Andrzejewski loses everything he owns and his wife divorces him. I didn’t see any mention in the… Read more »
Connecticut, the now UNConstitutional State.
It hasn’t been the Constitution State since they passed the AW registration bill.
Years ago I would visit an uncle, close to my age, who knew several farmers east of Waterbury, who appreciated us reducing the woodchuck herd from their fields. We would drive to a farm, walk the property, and perform this public service, no license. Considered ok then. He would let me use his 22 Hornet – man I wish I had that today!
Can you imagine how far we’d get today?
Greetings fellow Hornet fan! I have lamented for years that the 22 Hornet is one of the most underrated cartridges to have ever existed for small game, varmints, and even for use on deer at close range. I would dearly love to have one in an AR-15 or an AK platform, heavy long barrel, muzzle brake and there isn’t anything on four legs that could get away with the right set up! You can still get 22 Hornet in single shots from New England firearms I believe, if they haven’t been sold to somebody else yet again! Cheers from the… Read more »
Hopefully (ironically) enough of these types of event will happen to get the message through to stop doing this crap to citizens.
“They haven’t been convicted of anything!” -TEX/Will/FORD Will
Was Daniel Shaver convicted of anything, TEX? Nope, they went straight to execution.
Always make excuses for your fellow thugs, TEX
The most revealing thing about this article and the comments, was the lack comments by all the AMMOLAND frequent posters who are/were LEOs.
People are left with the assumption that you have similar views as “TEX”(Will, et al.).
TEX – 8/15/21:
“I’m outta here!”
Response to “TEX”(Will, et al.):
You just can’t write down your answer (because it is ugly).
Look. We do not know both sides of the story. From a 20 year law enforcement career I can tell you things are not cut and dry. Yes bad cops need to go. Restitution needs to be made (not millions of tax payer dollars) pensions revoked. On the other side of the coin. If the criminals were held to account for their actions and went to prison or the electric chair. This conversation would be moot. Most LEO’s are good hard working underpaid, civil servants and just want to go home safely each day. These piece of shit politicians on… Read more »
“On the other side of the coin. If the criminals were held to account for their actions and went to prison or the electric chair. This conversation would be moot.”
The only criminals in this event were the enforcers, based on the above article.
“These piece of shit politicians on both sides have destroyed our constitution so it makes doing the job all that much harder.”
Politicians had no impact on what occured during this event, based on the above article.
I agree that there may be more to the story (in either direction). Maybe video will be released soon.
Right on! Totally correct!
More of the usual from our Governments. The process of changing government through lawsuits is very costly to citizens. I have spent my share plus some. Real change comes from the bad cops fearing that the citizen has the capability and willingness to defend themselves with their own weapons if challenged, and then a few examples of disarming police to prove that. Terry Stop works in both directions.
HLB
Who is Tex and why is everybody picking on him?
“TEX” is one of the user names that the person who used to go by “Will” uses.
No one is “picking on” “TEX” – he makes emotional comments and then deletes them.
Many of his emotional comments are the result of his hero worship for certain people. Rather than just indicting his support for those people and acknowledging their faults, he screeches and rejects reality when others point out those faults.
For example, when it was pointed out that some of the founding fathers owned slaves, he had a complete melt-down.
How ironic. You sound like a “butt-hurt complainant”.
Probably more like SS, TEX.
When I was a cop and made a traffic stop, I couldn’t have cared less about the diver having a gun. I figured it wasn’t my business until something like a warrant was on file. I never had more than a couple of issues. Once a passenger went for his gun and I beat him to the draw. A second the driver reached in his jacket as if going for a gun. I stopped him and found that he just had made the dangerous move absentmindedly. The gun was in the glove box. It was illegally possessed. Other than that… Read more »
“My main concern was always having a visual on both the turds hands.” -TEX
Figures that’s how you view civilians, TEX. I’ll bet on camera you parroted the words “individual” and “individuals” like a typical low-IQ enforcer who thinks it makes him sound more intelligent than saying person, man, woman, people, etc. To be fair, it did avoid the disaster of anyone thinking you were referring to a collective.
Uh huh. BTW, what do you mean by a felony stop?
crickets chirping…
TEX – 8/13/21:
“I give the officers the presumption of innocence (you know that constitutional guaranteed right) we all have.) Let all the facts and evidence come out at trial before they are convicted in the “court of public opinion”! That’s it!”
Response to “TEX”(Will, et al.):
What is your view if the evidence (including video) indicates that what Dean has written is correct?
Do you think Andrzejewski should have to pay in a civil suit?
Do you think he should have been charged criminally?
Not surprising that “TEX” refused to answer the questions. Maybe Dean will do a follow-up article on why none of the enforcers arrested David Andrzejewski for committing multiple felonies (while armed and while acting under the color of law) in their presence, or why none of the “good apples” back at the police station arrested Andrzejewski after reviewing the video recordings. Compare that situation with the Michigan State Police cooperating with federal enforcers to arrest Karl Dresch who was charged with “parading.” I’ll post the link to the interview on youtube separately because it will be placed on hold. In… Read more »
Lots of Michigan State Police are former military. They have a website page dedicated to how you can leverage that precious pension:
https://www.michigan.gov/orsmsp/0,4652,7-224-40588_40589_41798—,00.html
All you have to do is cooperate with federal law enforcement to round-up political prisoners.
Good article as always Sir. I live in Ct. and know Waterbury is a crime-riddon city with mostly poor citizenry. Officer Andrzejewski was unprofessional and actually a danger to society, probably the result of a low budget force. All Police Officers should appreciate citizens who belive it’s their “duty to inform” even when it’s not the law.
Stop making excuses for bad cops.
I agree.
TEX – 8/13/21
“Just more of your idiotic but predictable bullshit. Got to finish packing and get to the airport. Take care Rev.”
Response to “TEX”(Will):
Never back down Will. When you make yourself look foolish, dig your heels in. In the good old days, if someone didn’t respect your authority and laughed at you, you arrested them. It’s frustrating for you now, isn’t it?
This was a reply to brainiac TEX, but he deleted his embarrassing comment & RAN AWAY again.
“I give officers presumption of innocence.”
Sure thing, TEX. As if you do that for civilians.
When cops murder innocent civilians scott free because the system’s rigged so cops & prosecutors can easily circle the wagons & cover for murderers, you’re nowhere to be found.
No one was convicted, therefore they’re innocent, says you & your fellow enforcers.
You don’t give a crap about Daniel Shaver, Donald Scott, Vicky & Sammy Weaver, Tony Timpa, LaVoy Finicum, the Branch Davidians, 1000s of others.
TEX – 8/13/21:
“Randy Weaver not Sammy Weaver.”
Response to “TEX”(Will, et al.):
You go out of your way to make sure everyone knows you have an IQ of 92.
TEX – 8/13/21:
“You’re wrong again kid. Sammy was Randy Weavers kid you moron! Pester someone else you are such a waste of my time.”
Response to “TEX”(Will, et al.):
Which two Weavers were killed that day?
TEX, you’re a waste of your time, genius.
He is wrong though. No way your IQ’s higher than 85.
“Randy Weaver not Sammy Weaver.” -TEX
No, your JBT pals murdered Vicky & Sammy, not Randy. Thx for making my case, genius.
QED
“Go back & read your post shit for brains!” -TEX
It’s about MURDER by cop. Randy lived, you dumb thug.
TEX – 8/13/21:
“Go back and read your comment shit for brains!”
Response to “TEX”(Will, et al.):
You did this when you were an enforcer, didn’t you? Never back down (even when you are clearly wrong).
TEX – 8/13/21:
“The wrong of this was made by your idiot unison buddy. Why don’t you two sweethearts just exchange phone numbers and it would give you so much more privacy.Plus,we wouldn’t have to listen to you two little girls all day!”
Response to “TEX”(Will, et al.):
You can’t possibly be that obtuse.
But he is that obtuse.
“…idiotic…bullshit…!…The wrong of this… idiot unison buddy…!… sweethearts… privacy… girls…!” -TEX
LOL, don’t go changin’, TEX! With that 85 IQ, must be frustrating he lost his badged thug privilege to intimidate, curse, shout down, arrest, beat down or shoot folks with IQs over 100. Lame deflection exposes his stupidity, silly goat roper.
He still manages to amaze me sometimes. Just when it seems he can’t possibly be any worse . . .
I stand corrected on his IQ. I had estimated it at 92. I believe you are correct and that he is somewhere in that 5% left tail of the enforcer IQ distribution curve.
TEX – 8/13/21:
“For over a year now you always reply to someone that didn’t even direct their comment to you! Why is that kid?”
Response to “TEX”(Will, et al.):
Lying again “TEX” – I haven’t been here over a year.
It’s the nature of discussion boards – that’s how they work.
Why didn’t you just post “oops, sorry – I see what you meant,” rather than doubling down, tripling down, and quadrupling down? Was that your training?
TEX M.O. again. Delete embarrassing comment, RUN AWAY