Car Knocker
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Price resident Ray Abel Atienzo was born in Mexico and has been living illegally in the United States, but he is one of "the People" protected by the Constitution, according to a federal judge.
U.S. District Judge Paul Cassell ruled Wednesday that the 26-year-old earned that protection by holding down a job as a miner, paying taxes, supporting three American citizen children and maintaining family ties in Utah - in other words, developing substantial connections to his adopted homeland.
Those factors, along with a record clear of any felony convictions, mean that Atienzo could invoke the Fourth Amendment's prohibition against unreasonable search and seizure in fighting drug charges, Cassell said.
(snip)
Atienzo also had keys that fit a Mustang parked in front of his trailer and police found incriminating evidence in the vehicle, court records say. In addition, the officers received consent to search Atienzo's trailer and allegedly found firearms, illegal drugs and large sums of cash.
Under Cassell's decision, made orally in July and put in writing this week, Atienzo challenged the searches as illegal. The judge threw out the evidence found in the search of the car but allowed items seized from the trailer to remain.
http://www.sltrib.com/utah/ci_3288968
If Mr. Atienzo has 4th Amendment rights because he's been here a long time and has a clean record, would he not have 2nd Amendment rights also and be immune from prosecution on weapons charges (assuming the weapons themselves are legal)?
U.S. District Judge Paul Cassell ruled Wednesday that the 26-year-old earned that protection by holding down a job as a miner, paying taxes, supporting three American citizen children and maintaining family ties in Utah - in other words, developing substantial connections to his adopted homeland.
Those factors, along with a record clear of any felony convictions, mean that Atienzo could invoke the Fourth Amendment's prohibition against unreasonable search and seizure in fighting drug charges, Cassell said.
(snip)
Atienzo also had keys that fit a Mustang parked in front of his trailer and police found incriminating evidence in the vehicle, court records say. In addition, the officers received consent to search Atienzo's trailer and allegedly found firearms, illegal drugs and large sums of cash.
Under Cassell's decision, made orally in July and put in writing this week, Atienzo challenged the searches as illegal. The judge threw out the evidence found in the search of the car but allowed items seized from the trailer to remain.
http://www.sltrib.com/utah/ci_3288968
If Mr. Atienzo has 4th Amendment rights because he's been here a long time and has a clean record, would he not have 2nd Amendment rights also and be immune from prosecution on weapons charges (assuming the weapons themselves are legal)?