Thursday, October 4, 2012

Running from the Police is Not Sufficient Probable Cause to Arrest Suspect; Weapons Found in Apartment Suppressed.



The federal Third Circuit appellate panel held that the federal District Court erred by not suppressing weapons found in Mr. Navedo’s apartment after Newark police detectives after him arresting him as he was entering his apartment.

In the United States v. Navedo two Newark police detectives were conducting an undercover operation when they saw an individual (Pozo) walk over to Mr. Navedo open a book bag, pulled an object which appeared to them as a handgun.  The detective seeing this ran after Pozo and Navedo catching and tackling Navedo as he was attempting to enter his apartment.  The detectives claim that the apartment was open and that they tackled him inside the apartment (you really believe this).  Navedo was immediately cuffed and inside the apartment were numerous handguns and rifles which the detectives claim were in plain view (sure).

A motion to suppress was filed, and denied by the District Court, and Navedo appealed to the Third Circuit that the detectives did not have probable cause to arrest him because mere flight is sufficient to arrest a suspect without probable cause.  The court agreed with Navedo holding that under the totality of the circumstances there was no evidence that Navedo was engaged in any criminal activity.  Specifically, Navedo did not hold the gun, did not initiate the encounter with Pozo, and did not appear to making a purchase of the handgun, that the police had no right to arrest him, even if Navedo ran.  In short, the appeals panel held that the detectives were in essence attempting to transfer the reasonable suspension which they had for Pozo on Navedo.  The court further relied on Illinois v. Wardlow, 528 U.S. 119 (2000), which held that flight from the police is not an automatic reason or reasonable suspicion for a brief “Terry Type” detention, because there are many reasons why someone might want to get away from a police officers.  In any event, they held that even if they had reasonable suspicion to stop Navedo they certainly did not have probable cause to arrest him under these facts.

This is a good case for the defense because it encompasses many facts which regularly play out with strike force arrests in the Essex, Hudson, Union, Passaic, and Middlesex County strike forces which typically detain and arrest suspects without reasonable suspicion or probable cause.

If you are charged with a federal or state crime or disorderly person’s offense it is highly recommended that you seek the legal advice of an experienced New Jersey Criminal Defense Attorney, the Law Office of Vincent J. Sanzone, Jr.

Law Office of Vincent J. Sanzone, Jr.
277 North Broad Street
P.O. Box 261
Elizabeth (Union County), New Jersey 07207

Office Phone No. (908) 354-7006
Cell Phone No.   (201) 240-5716

NJ Federal Criminal Lawyers, NJ State Criminal Lawyers, New Jersey Criminal Attorneys, NJ Criminal Lawyers, NJ Criminal Defense Attorneys, N.J. Best Criminal Defense Attorneys, NJ Best Criminal Defense Lawyers, Elizabeth NJ criminal lawyers, Union County Criminal Lawyers, New Jersey federal trial lawyer, federal criminal trial attorney, NJ criminal attorney, Federal Criminal NJ lawyer, Union County criminal lawyer, Best Essex County Criminal Lawyers, Best Hudson Criminal Lawyers

Dated: October 4, 2012

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