Guy arrested in Jersey City for "Assault" weapon possession

[medic2264 11]

This will all come down to a motion to suppress by his lawyer. This is not something that is going to happen overnight either. Depending of how backed up the docket is for judge assigned to this case, it could be months to a year before the motion is heard.

 

There are grounds for a 4th amendment violation, if his lawyer can prove the police illegally entered his apartment, or entered it for false pretenses. However, there has been some changes in the law lately regarding finding illegal items without a search warrant specifically for that illegal item. Before when you found something illegal during a search not pertaining to the reason you are there, you had to stop what your were doing, and apply for a new search warrant. Now I think, if you find something illegal during a legal search, everything is fair game. That is true as long as the search was done legally...

 

Anther point to contend:

1. once they had him in custody, there was really no more threat.

2. what were the exigent circumstances that required the police to search the apartment for more illegal items?

3. Did the police clearly articulate in their reports the exigent circumstances that led them to search the apartment for more illegal items with out a search warrant?

 

or once the police had the arrestee in custody, and made the scene safe:

 

1. Stop what they were doing, apply for a telephonic search warrant with the probable cause they had when they found the first gun?

2. Were granted the warrant, and then found the other guns?

3. Did the arrestee tell them about the other guns?

 

However, none of us were actually there in the apartment when it happened, so we all need to stop the monday morning quarterbacking.

 

I am only speculating on what could have happened. There are a lot of facts not available right now, so none of us should pass judgement either way. If you are friends with the arrestee, do him a favor and don't post anything about him. Let his lawyer do the talking.

 

Disclaimer- I am not a lawyer, but I did stay at a Holiday Inn last night.

 

 

There are always 3 versions to a story: his, theirs, and what really happened.

[Dan 177]

I'm still very interested to hear about this so called "assault weapon". I'd really like to know if it was NJ neutered or not.

[NorthernYankee 94]

Looks like he was released this morning, I am trying to find out more details.

[NorthernYankee 94]

From his website

 

FREE!!!!!At approx 12:20am, after 4 1/2 hrs of processing, Keith was FINALLY released from Hudson County Correctional Center on an ROR (released on his own recognisance) bail argued & won by attorney Lou Nappen of Evan Nappen & Associates. Thanks to all of your support & donations we were able to retain the Nappens & cover the additional bails to get him out! Keith will continue to work with the Nappens as they move forward on his case to eventually clear his name of all wrong doing. All the funds that have been contributed have been and will continue to go towards Keith's legal fees and is very much appreciated (we still owe the Nappens much much more) !THANK U THANK U - See more at: http://www.gofundme.com/Stand4Keith#sthash.QhKBcAWr.dpuf

[Dan 177]

This is looking more and more like a law abiding gun owner with a NJ neutered AR being jammed up by the police. If they ROR'd him without bail, I highly doubt they have a case here. If it was an illegal handgun and NJ defined so-called "assault rifle" , he would be looking at nearly 20 years mandatory. I would think that would constitute someone being a "flight risk" and having a huge bail set.

[Anselmo 87]

At issue will be the lawsuit to get his guns back.

[chris327 30]

not sure bot doesnt the nra and anjrpc have lawyers on retainer for instances such as this? not saying he was a part of either but just curious about that.

[skorpion317 0]

Well, that's some good news. Hopefully he wins the case.

[Ray Ray 3,566]

5 bucks for him, which in turn goes to Evan Nappen. Win Win

[DirtyDigz 1,812]

This is looking more and more like a law abiding gun owner with a NJ neutered AR being jammed up by the police. If they ROR'd him without bail, I highly doubt they have a case here. ...

 

...Thanks to all of your support & donations we were able to retain the Nappens & cover the additional bails to get him out!...

 

My emphasis added in bold. My reading is that bail was required to release him. I wonder if he was RoR on some charges, and required bail on others.

[Soju 153]

 

 

I just love it when people say to sue without considering the cost to do so without any certainty of winning a dime. No lawyer is going to get it thrown out of court for a contingency fee so you will pay for his time. The landlord owns the property and if he saw something illegal, he has every right to call the police and let them in. It would be the same as if he found a meth lab in the apartment. Good luck in suing the police when they were let in by the property owner whose reason for calling them turned out to be correct in that illegal firearms were present. No warrant is needed when there is reasonable suspecion. In this case there was an eye witness to the illegal firearms plus they were let in and did find what was reported to them. Good luck on any of the above or finding a lawyer willing to take this on for free.

 

Someone needs an education on how renting, and the law in general works.

[Ray Ray 3,566]

Someone needs an education on how renting, and the law in general works.

 

I guess the 4th amendment is nul and void if you rent? Yeah okay

[NicePants 58]

So is NJ about to have its shit slapped with a lawsuit?

[Tunaman 549]

I still want to know what..if anything was illegal about his firearms. It says they immediately arrested him after seeing he had a handgun. Didn't he show them his permit? Is the rifle NJ compliant?

[Soju 153]

How many people on this forum own either a handgun, and AR, or any other scary looking rifle? Imagine just being at home with one, or shooting one at the range, or shooting one anywhere else in NJ legally, and the mere fact you had one got you arrested? Seems pretty ridiculous right?

 

Now take this situation. From the information currently presented, what is different?

 

But of course we are nowhere near a police state...

[Tunaman 549]

How many people on this forum own either a handgun, and AR, or any other scary looking rifle? Imagine just being at home with one, or shooting one at the range, or shooting one anywhere else in NJ legally, and the mere fact you had one got you arrested? Seems pretty ridiculous right?

 

Now take this situation. From the information currently presented, what is different?

 

But of course we are nowhere near a police state...

well if they arrested him just because he HAD one, then the cops have a much bigger problem on their hands...assuming that the guy was 100% legal. It only takes ONE little offense and your guns and gun rights are gone forever in this state.

[Soju 153]

They don't have any problem on their hands. When is the last time a cop violating someones rights got held accountable for it? THEY don't pay even with there is a successful lawsuit over it. So they don't care. Worst case for them, is all charges are dropped and he wins a multi-million dollar lawsuit...at the taxpayers expense. Best case, he is convicted criminally. In any case, there are no repercussions for the police. And that is why they generally don't care and just make arrests sans reason anyways. It is easier and cost them nothing, though can cost you everything.

[gunforhire 826]

Nappen was in the GFH Radio studio today and he updated us on this case. The show will be up tomorrow night. I will post it.

 

Ant

[mcm308 0]

The 64,000 question is.. was the rifle NJ legal or not. I would almost bet a paycheck that IT WAS. Situation goes like this... hot head cop with attitude.. says open the door. Landlord as most people probably would.. opened it. Hot head cop sees a mean looking muzzle brake and a 15/30 mag. Arrest Keith and take evidence to PD. Get to PD and realize shit is NJ legal and are scrambling on what to do... if this stuff was truly illegal.. I'm not so sure he would be let back out onto the street. And I don't think the Nappens would have a fight and decline taking the case. UNLESS... the stuff is illegal but the Nappens want to go after the state for ridiculous aw features and equal rights among states and try to get the current awb thrown out using Keith as the starting point.. VERY unlikely though..

 

Molon Labe

 

 

[mcm308 0]

They don't have any problem on their hands. When is the last time a cop violating someones rights got held accountable for it? THEY don't pay even with there is a successful lawsuit over it. So they don't care. Worst case for them, is all charges are dropped and he wins a multi-million dollar lawsuit...at the taxpayers expense. Best case, he is convicted criminally. In any case, there are no repercussions for the police. And that is why they generally don't care and just make arrests sans reason anyways. It is easier and cost them nothing, though can cost you everything.

 

Back in my day when I was ruthless.. lol I got into arguing with a cop about what was right and wrong... cop told me I don't give a shit. I'm taking you downtown and you can explain it to the judge...lol

 

Molon Labe

 

 

[Maksim 1,504]

There are always 3 sides to a story.

[olderguy 0]

Now we know(from gunforhireradio) that Nappen is truly representing him.

[gunforhire 826]

Now we know(from gunforhireradio) that Nappen is truly representing him.

Now we know(from gunforhireradio) that Nappen is truly representing him.

 

Yep! http://www.gunforhireradio.com/podcasts/GFH_Episode_92.mp3

[Vini 0]

For those who don't want to listen to everything in this LONG audio file.

Talking about the guy about this point.

 

 

Those who listened from the beginning, what is that about not a good idea about buying [hollow point] ammo online?

[medic2264 11]

The initial bail with original charges was $75000 with no 10% option. Emergent bail hearing took place, and bail reduced to ROR. Does anyone know what he was originally docketed on (2C statutes)?

[Bob2222 317]

Those who listened from the beginning, what is that about not a good idea about buying [hollow point] ammo online?

 

That part followed the longer discussion about HPs and CCW for retired LEOs.

 

Is Nappen saying that if, say, a brick of .22 LR HPs is shipped to you via a common carrier, until it arrives on your doorstep, the NJSP would deem it in your possession outside of one of the limited HP statutory exclusions?

 

He only touched on this briefly, but if that's what he's saying, it's pretty scary!

[PK90 3,570]

He is also misinformed on the RLEO and non-hollowpoint issue.

[Dan 177]

NJ.com is reporting:

 

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.

 

http://www.nj.com/jjournal-news/index.ssf/2013/01/jersey_city_police_say_man_had.html

 

Bayo lug and threaded barrel on the AR. Then the 30 round "normal" capacity mags which NJ deems illegal.... not looking good if this is true. In 90% of the rest of this country, this would be a non-issue, but here in wonderful NJ, things are different.

 

Hopefully the cops are being optimistic, and the bayo lug is actually ground down, muzzle brake pinned, and the 30 round mag is actually a permanently altered 30/15. We'll see.

[DevsAdvocate 112]

NJ.com is reporting:

 

 

 

http://www.nj.com/jj...ay_man_had.html

 

Bayo lug and threaded barrel on the AR. Then the 30 round "normal" capacity mags which NJ deems illegal.... not looking good if this is true. In 90% of the rest of this country, this would be a non-issue, but here in wonderful NJ, things are different.

 

Hopefully the cops are being optimistic, and the bayo lug is actually ground down, muzzle brake pinned, and the 30 round mag is actually a permanently altered 30/15. We'll see.

 

Doesn't matter. This man is innocent and we should be fighting to support him. I don't care what New Jersey's unconstitutional law says.

 

I hate victim-less crimes.

[Dan 177]

Doesn't matter. This man is innocent and we should be fighting to support him. I don't care what New Jersey's unconstitutional law says.

 

I hate victim-less crimes.

 

I agree, but the way to help him and us are to fight to have unconstitutional laws ripped off the books by the Judicial system.

 

I wish there was punishment and consequences for politicians that pass unconstitutional laws.