Reply to The U.S. Attorney's hidden role in undermining DC's gun laws

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]It's because the USAO keeps getting batted back on the newly expansive and radical reading of the 4th Amendment (informed by the 2nd Amendment) by DC Court of Appeals.

This has put a strong chilling effect on bringing gun possession cases.

See Champion vs. US (2024): 
https://www.dccourts.gov/sites/default/files/2024-01/Champion%20v%20US%2018-CF-1128.pdf

See TW vs. US (2023):
https://casetext.com/case/tw-v-united-states-3

See Hawkins vs. US (2022):
https://www.casemine.com/judgement/us/60754f3d4653d0298edf2dc2

The DC Court of Appeals have essentially chilled all gun possession cases. These cases have set precedent.[/quote]

Can you give a layperson's explanation of what this means?[/quote]

It basically means that cops don't have "probable cause" to search for a gun in lots of cases where the layperson would assume they have probable cause.

In the Champion case, the DC cops noticed a visibly nervous passenger in a car. They asked the passenger to get out of the car, he acquiesced. But he took off and left his jacket inside the car before getting out. The cops thought this was suspicious and searched the jacket in the car, finding an unregistered handgun in the jacket. The DC Court of Appeals stated this search violated the 4th Amendment. Not only did the DC Court of Appeals throw out the conviction, but stated that the hiding of contraband from police is not grounds for the police to have reasonable suspicion to search an individual or his property (car, home, etc). It's a pretty radical reading of the 4th Amendment.

In short, cops cannot act on their long-honed instincts and secure a conviction. The bar for attaining a conviction - and having it withstand appeal - is now extremely high in DC for illegal gun cases.

This ruling only applies in jurisdictions covered by the DC Court of Appeals - that is, DC. So that's why you prosecutors in MD and VA being able to charge similar gun possession crimes under their state laws, while the USAO is holding back on charging.

The incentives to charge for gun crimes are being throttled by the DC Court of Appeals. [/quote]

Do appeals for both USAO and DC Office of Attorney General cases both go to DC Court of Appeals? Curious because it seems the prosecution rate for gun crime is higher for DC Office of Attorney General.[/quote]

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