Supreme Court Backs Illegal Immigrant Unaware of Gun-Possession Laws

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Supreme Court Backs Immigrant Unaware of Legal Status in Gun-Possession Case
By Mairead McArdle
June 21, 2019

The Supreme Court on Friday ruled that an illegal immigrant unaware that his legal status barred him from possessing a gun cannot be prosecuted for possession, in a decision that could affect thousands of previous cases.

The Court’s decision will force prosecutors to prove that a member of a group barred from having a firearm knows they are a member before they can be convicted of a crime. In cases where the individual’s status is the “crucial element,” the person must be aware of it, the Court said.
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Chief Justice John Roberts and Justices Neil Gorsuch, Brett Kavanaugh, Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan joined Breyer in the majority, while Justices Samuel Alito and Clarence Thomas dissented.

“Serious problems will also result from requiring proof that an alien actually knew—not should have known or even strongly suspected but actually knew—that his continued presence in the country was illegal,” Alito wrote in his dissent.

W T F ?

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New Jersey: Court Upholds Man Arrested For Visible Gun Case In Car

Motorists driving through New Jersey can be subjected to a warrantless search if their luggage is similar in appearance to a gun case, an appellate court ruled last week. The Superior Court's Appellate Division upheld a five year prison sentence against Dustin S. Reininger, a former police officer who was in the process of moving from Maine to Texas when a Readington Township police officer recognized the cases in the back of Reininger's vehicle as the sort that usually carries a rifle.

During the long trip on March 20, 2009, Reininger became tired and decided to pull off the road in an empty, well-lit parking lot. He stopped his green Toyota SUV, turned off his lights, and went to sleep in the driver's seat under a blanket. At 3:25am, Officer Gregory Wester knocked on his window and woke him up, shining a flashlight in his eyes. Officer Wester testified that Reininger appeared "nervous and tired." The policeman asked Reininger whether he was carrying anything illegal.

"No, no, all good," Reininger replied.

Reininger believes he was targeted because of his Texas license plates. Officer Wester then looked inside the SUV with his flashlight noticed two nylon cases in the back seat. Once backup arrived, Officer Wester asked for consent to search the vehicle, but Reininger said no. Officer Wester then opened up the vehicle to search the cases "for safety reasons" any way. After finding guns, Reininger was arrested.

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