Browsing this Thread:
1 Anonymous Users
|
Re: Jersey City man spends 35 days in jail after police enter home without a warrant
|
||||
|---|---|---|---|---|
|
Home away from home
 
|
I don't see why he shouldn't get them back since all evidence including confiscated items had to be suppressed but I guess you never know.
As for his representation, I know it is hindsight but with a good lawyer, this man should not have had to spend 35 days in jail. The 20k settlement seems small adding insult to injury since probably a chunk of that goes to his inept lawyer. He did sue for 4 million after all.
Posted on: 2015/12/18 15:50
|
|||
|
||||
|
Re: Jersey City man spends 35 days in jail after police enter home without a warrant
|
||||
|---|---|---|---|---|
|
Home away from home
|
Did he get his firearms back?
Posted on: 2015/12/18 15:29
|
|||
|
||||
|
Re: Jersey City man spends 35 days in jail after police enter home without a warrant
|
||||
|---|---|---|---|---|
|
Home away from home
Joined:
2007/3/19 18:28 Last Login : 2020/3/10 14:50 From hamilton park
Group:
Registered Users
Posts:
292
 |
Quote:
JC_Man wrote: Quote:
Posted on: 2015/12/18 14:51
|
|||
|
utterly deplorable
|
||||
|
||||
|
Re: Jersey City man spends 35 days in jail after police enter home without a warrant
|
||||
|---|---|---|---|---|
|
Home away from home
|
Quote:
Stringer wrote:
Posted on: 2015/12/18 12:11
|
|||
|
||||
|
Re: Jersey City man spends 35 days in jail after police enter home without a warrant
|
||||
|---|---|---|---|---|
|
Home away from home
|
Jersey City pays man $20K to settle warrantless-search lawsuitBy A Jersey City man whose apartment was searched illegally by police almost three years ago will receive $20,000 from Jersey City to settle a lawsuit. Keith Pantaleon, who now lives in New York, was charged with possession of an assault rifle and other related counts, but those charges were dismissed by Hudson County Superior Court Judge John Young in February 2014, a month after Young had ruled the police officers' search illegal. In that ruling, Young was extremely critical of the officers involved, Ehab Abdelaziz and Sean Francis Licata, saying they were not truthful in their testimony during an evidentiary hearing. Young wrote that Abdelaziz and Licata testified that they stood in Pantaleon's doorway and did not enter his apartment until they saw a gun. Two witnesses, Panaleon's landlord and another tenant, testified that police entered the apartment with them, although the landlord was not given permission by Pantaleon to enter the apartment. Read more: http://www.nj.com/hudson/index.ssf/20 ... ettle_illegal-search.html
Posted on: 2015/12/18 4:41
|
|||
|
||||
|
Re: Jersey City man spends 35 days in jail after police enter home without a warrant
|
||||
|---|---|---|---|---|
|
Home away from home
|
Quote:
Should cops make decisions based on the law or based on society's emotional reactions to following the law?
Posted on: 2014/3/4 21:40
|
|||
|
||||
|
Re: Jersey City man spends 35 days in jail after police enter home without a warrant
|
||||
|---|---|---|---|---|
|
Home away from home
|
Sounds to me like the "heat problem" was more cop BS. Likely the landlord wanted to hose the guy and called the cops, and they cooked up the "plan".
For all the loud whining by the gun folks, the 2nd amendment is fine and healthy, it's the 4th that's on it's deathbed. The Building Dept treads all over it too.
Posted on: 2014/3/4 21:39
|
|||
|
||||
|
Re: Jersey City man spends 35 days in jail after police enter home without a warrant
|
||||
|---|---|---|---|---|
|
Home away from home
|
I think my comments are understandably being misconstrued as in favor of the police.
I will be clear that they trampled all over this guy's rights and clearly abused their power. Worse, they lied in court according to the judge. I hope this guy sues JC and the cops, and I also hope the cops who lied get in trouble (fat chance). This article is also incredibly biased in favor of the police. And I wonder why the SL buried the follow up. Having said that, I do believe you'd hear an angry crowd if this guy went on a shooting spree and the cops failed to notice the "warning signs." Especially because they had previously been called to his house. I do not agree with this emotional reactionary line of thought but it is pervasive throughout our society. I have no doubt the writer of this article was influenced by it as well.
Posted on: 2014/3/4 21:34
|
|||
|
||||
|
Re: Jersey City man spends 35 days in jail after police enter home without a warrant
|
||||
|---|---|---|---|---|
|
Home away from home
|
Did you read the article?? The cops DID NOT know he owned, or had, an assault rifle, or other weapons. Nor was it even visible in plain sight. They only learned about the weapons AFTER they illegally entered and searched the apartment. This is STILL a democratic republic of principles, and undue, arbitrary searches without warrants are illegal. If they had any real concern, they could have asked the person to step outside, secure him, and then wait for a warrant to be issued for them to enter and search the apartment.
Posted on: 2014/3/4 21:27
|
|||
|
||||
|
Re: Jersey City man spends 35 days in jail after police enter home without a warrant
|
||||
|---|---|---|---|---|
|
Home away from home
|
Why would the police be summoned to a 'no heat' complaint? It's housing code enforcement that responds to complaints like that.
Posted on: 2014/3/4 21:25
|
|||
|
||||
|
Re: Jersey City man spends 35 days in jail after police enter home without a warrant
|
||||
|---|---|---|---|---|
|
Home away from home
|
Quote:
Why have laws then?
Posted on: 2014/3/4 21:22
|
|||
|
||||
|
Re: Jersey City man spends 35 days in jail after police enter home without a warrant
|
||||
|---|---|---|---|---|
|
Home away from home
|
Quote:
There was probably no basis for a warrant. But I think you would see mass outrage if this guy later went on a shooting spree. It's not entirely rational. If someone robs a bank, people are fine if they are later caught. But if someone goes on a shooting spree, people are not fine when they catch the guy. Instead everyone asks how did this happen? If they find out the cops knew he had an assault rifle, people will be up in arms as to how they let him slip by. That's why I think it's tough.
Posted on: 2014/3/4 21:04
|
|||
|
||||
|
Re: Jersey City man spends 35 days in jail after police enter home without a warrant
|
||||
|---|---|---|---|---|
|
Home away from home
|
Quote:
You'd be furious at the cops if they followed the law? Doing something should have meant getting a warrant.
Posted on: 2014/3/4 20:28
|
|||
|
||||
|
Re: Jersey City man spends 35 days in jail after police enter home without a warrant
|
||||
|---|---|---|---|---|
|
Home away from home
|
More from the man himself:
https://www.youtube.com/watch?v=6ibm_PMJoNU#t=18 sorry.. can't get the video to embed properly.
Posted on: 2014/3/4 20:13
|
|||
|
||||
|
Re: Jersey City man spends 35 days in jail after police enter home without a warrant
|
||||
|---|---|---|---|---|
|
Home away from home
|
It is tough because I don't like cops lying and trampling all over people's rights. But if they knew this guy had an assault rifle and did nothing, I bet people would be furious at the cops if this guy later went on a shooting spree.
Posted on: 2014/3/4 20:12
|
|||
|
||||
|
Jersey City man spends 35 days in jail after police enter home without a warrant
|
||||
|---|---|---|---|---|
|
Home away from home
|
I came across this case whilst googling info on the NJ Concealed Carry lawsuit. Never heard of this case before.
http://www.nj.com/jjournal-news/index ... y_police_say_man_had.html A Jersey City man was arrested after police found an assault rifle in his home similar to the one used in the massacre of 20 students and six teachers in Newtown, Conn., on Dec. 14, officials said. Bail for Keith Pantaleon, 33, of Tuers Avenue, was set at $75,000 when he appeared in court yesterday on charges related to the Bushmaster assault rifle model XM15-E2S and other weapons. The assault rifle had a bayonet mount and its barrel was threaded to accept a muzzle flash suppresser, making it illegal in New Jersey, Deputy Police Chief Peter Nalbach said. Pantaleon was also charged with unlawfully transporting a large-capacity ammunition magazine when three, 30-round magazines were found at his home Friday, the complaint says. Police did not say what led them to Pantaleon's residence. Then I found this update from two months back [emphasis mine] HUDSON COUNTY, NEW JERSEY ? At approximately 10pm on Thursday night, January 24, 2013, 33-year-old Keith Pantaleon of Jersey City, New Jersey, was in the bedroom of his apartment after a full day?s work ? when he heard thumping noises coming from his living room. Believing that his residence may be being broken into, he grabbed his soft-bound Day Planner case (which also held a lawfully purchased handgun), and cracked open his bedroom door to investigate. In the center of his living room, he saw a man dressed entirely in dark clothing who had his back towards him. He cracked open his door slightly further and saw near the entrance to his apartment a police officer, his landlord, and an EMT worker. When the man dressed in dark clothing in the middle of his living room turned around, he saw it was another police officer. One of the officers immediately ordered Pantaleon to come out of his bedroom. Pantaleon tossed his unopened Day Planner case onto his bed. As he went to close his bedroom door behind him, one of the officers pushed him into his living room. The officer then ordered Pantaleon to face a corner of his living room and handcuffed him. As one of the officers watched Pantaleon (who remained in custody in Pantaleon?s living room), the other officer warrantlessly searched Pantaleon?s bedroom. Officers took Pantaleon to police headquarters, where he was charged with unlawful possession of: two handguns, a rifle, an ?assault rifle,? a large capacity magazine, and certain ammunition. On the night in question, Pantaleon?s upstairs neighbor complained to police about insufficient heat in his apartment. The boiler for the apartment building is adjacent to the kitchen area of Pantaleon?s residence. Despite the late hour and lack of consent by Pantaleon, police had the landlord open Pantaleon?s residence on their behalf. In November 2013, a full suppression hearing was held before the Honorable John A. Young, Jr. of the Hudson County Superior Court, at which Louis P. Nappen, Esq., of Evan F. Nappen, Attorney at Law PC, represented Pantaleon. At the hearing, testimony was taken from two officers, an EMT, Pantaleon?s landlord and the upstairs neighbor. On January 15, 2014, Judge Young filed a written decision (which may be downloaded by clicking here), finding: ?Here, the police conduct and entering Defendant?s apartment, without a warrant, and without satisfying an exception to the warrant requirement, violated Defendant?s federal and state constitutional rights. As a result, all evidence seized as a result of the Officers? warrantless entry and search of Defendant?s apartment must be suppressed.? The Court found that the officers? testimony ?simply did not have a ring of truthfulness to it.? The Court struck down every exemption to the warrant requirement that the State contended ? The Court struck down ?emergency aid,? finding ?No testimony that [the upstairs neighbor] required immediate assistance? and ?no immediate risk to [the upstairs neighbor?s] safety that would justify a warrantless entry or search of Defendant?s apartment.? The Court struck down ?exigency,? finding ?Under these circumstances, I cannot find an objectively reasonable emergency that would vindicate or support the Officers? warrantless entry. No exigency existed on the night in question that would justify the entry into Defendant?s apartment, at 10:30pm on a weekday night, to examine the heating unit.? The Court found that Pantaleon never consented to a search of his apartment, and that the landlord did not have authority to allow officers entry into Pantaleon?s apartment. Lastly, the Court struck down the State?s contention that ?plain view? applied, as the Officers were not in a permissible vantage point to view Pantaleon in the first instance, and that, even if they had been, nothing was ??immediately apparent? to the Officer that was contraband or evidence of a crime. Furthermore, an Officer inexcusably moved an item in Pantaleon?s bedroom in order to better view what was inside. Louis P. Nappen, attorney for Pantaleon, stated, ?I am glad that the Court sent a strong message that people?s privacy, especially in their homes, must be protected in New Jersey. And, in particular, Mr. Pantaleon deserved better treatment. Although he spent a month in jail for no reason, I am extremely proud that we were first able to reduce his $75,000 bail to have him freed, and now even happier that he will likely soon no longer face these wrongful charges.? Read more: http://www.ammoland.com/2014/01/panta ... f-his-home/#ixzz2v1a4Klbb Under Creative Commons License: Attribution Follow us: @Ammoland on Twitter | Ammoland on Facebook You don't need a permit to own a handgun.. just to purchase (felons are banned from owning firearms). So I don't get the illegal handgun charge. Found this on the Daily Caller: The officers found Pantaleon?s other firearms and ammunition, which his attorney, Evan Nappen, said were completely legal. Officers then took Pantaleon to police headquarters and charged him with the unlawful possession of a variety of items, including two handguns, a rifle, an ?assault rifle,? a large-capacity magazine, and certain ammunition. The assault rifle is an AR-15, which Nappen said is ?one of the most commonly owned rifles in America.? ?Being in your home is an exemption for possession of handguns, rifles and shotguns. They poured on absolutely false charges. The handgun charges have no basis whatsoever,? said Nappen. Pantaleon said the officers knew the charges were false. ?I heard these two cops speaking to each other a couple doors down from me, when I was in lockup at the West District. A couple hours after they pulled me out of my home and threw me into the cage in their precinct ? one of them said, ?I know these charges are BS, but this is what you have to do if you want to be a cop-cop.?? Read more: http://dailycaller.com/2013/03/14/att ... -a-warrant/#ixzz2v1bd04UW
Posted on: 2014/3/4 19:45
|
|||
|
||||