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The court added, “Assuming without deciding the tip from the taxicab driver was reliable, the threshold question is whether the mere allegation that Pinner possessed a handgunâ€"without moreâ€"is sufficient to establish that Pinner ‘[wa]s, or [wa]s about to be, engaged in criminal activity.'†The court then ruled that the mere possession of a handgun was not sufficient to establish that Pinner was “engaged in criminal activity.â€
The court added, “Assuming without deciding the tip from the taxicab driver was reliable, the threshold question is whether the mere allegation that Pinner possessed a handgunâ€"without moreâ€"is sufficient to establish that Pinner ‘[wa]s, or [wa]s about to be, engaged in criminal activity.'†The court then ruled that the mere possession of a handgun was not sufficient to establish that Pinner was “engaged in criminal activity.â€