Traverer get arrested in Newark NJ airport due to no fault of his own - onto SCOTUS

This is a bit ridiculous, don't you think?

He should have been covered under the Federal laws for traveling with firearms.

And he shouldn't have been arrested for something that was out of his control.

http://www.foxnews.com/politics/2011/01/18/traveling-mans-gun-arrest-appealed-supreme-court/

Yup, I read this article on foxnews this morning. That judge is a bonehead. What else was the man supposed to do? Abandon his firearm? The man was traveling, he was delayed beyond his control and forced to take his luggage (firearm included) to a hotel for the night before continuing his travels the next day. It would be exactly the same if he had the gun in the trunk of his car and decided to take it into his room for the night.

Ridiculous. Absolutely ridiculous.

The issue is not whether he should have been arrested, but whether immunity can be pierced to sue the police. All charges have been dropped and his property has been returned.

That it took 10 days to release the traveler, months to drop the charges, and years to return his property clearly demonstrates that the authorities KNEW (or, at least, should have known) that they were violating the traveler's rights. The suit should be allowed to proceed. Damages should be freaking huge.

I would be supporting immunity had the police and prosecutors quickly determined that they had acted incorrectly, released the traveler, dropped the charges, and returned his property. But they clearly dragged this process out in the full knowledge that they were wrong.

I don't thin Qualified Immunity should apply, too many cops and prosecutors try to apply this with a broad stroke. If you are in doubt someone has broken the law don't touch them. This is a simple example of them not caring what the law is but pushing their weight around.