Judge Throws Out SAFE Act Violation on 4th Amendment Grounds

From Buffalo News:

“In observing the magazine, I did notice there were at least 10 rounds in the magazine,” Barrancotta testified. He then emptied the magazine.

“I did count rounds just to confirm our reasonable suspicion that there were more than 10,” Piedmont said.

Tresmond said, “Once the magazine is removed from the firearm, the firearm cannot fire. At that point in time, the search of the firearm should have ceased. But the officers went further. … It was a search without a warrant.”

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