NJ Man’s Home Illegally Searched; 2 Privately Owned Guns Land Him In Jail For 30 Days!

Welcome to Obama’s Amerikka, folks.

This case is just screaming for Jury Nullification and the immediate firing of several New Jersey police officers.  Perhaps someone can implement a “Constitutional Sensitivity” training program for all New Jersey cops.

Just saying:

Possession of Firearms in Home, begets New Jersey Man 30 days in Jail

By Attorney Evan F. Nappen, PGNH Counsel – AmmoLand.com

Hudson County, New Jersey –(Ammoland.com) 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 watching television 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.

One of the officers allegedly threatened Pantaleon that if he had pulled out a firearm, he would have shot him. Officers asked if Pantaleon owned any firearms. To which, he did not reply.

As one of the officers watched Pantaleon (who remained in custody in Pantaleon’s living room), the other officer warrantlessly searched Pantaleon’s bedroom – which including opening cabinets and his Day Planner case – then demanded that Pantaleon provide the PIN# combination to his safe, which the officer proceeded to open and search.

After finding the handgun in Pantaleon’s Day Planner, the officer asked him if he possessed any more firearms. To which, Pantaleon indicated that he had a rifle on a top shelf in a box.

Officers claim that they announced their presence, yet at no time did Pantaleon hear officers announce their presence in his home. At no time during the home invasion was Pantaleon read his Miranda rights. At no time did Pantaleon grant permission for anyone to enter his apartment without his permission, no less police officers without a warrant.

On the night in question, Pantaleon’s upstairs neighbor allegedly complained to police about the landlord providing insufficient heat. The boiler for the apartment building is adjacent to the kitchen area of Pantaleon’s residence. Police apparently insisted that the landlord open Pantaleon’s residence on their behalf despite the extremely late hour and lack of consent by Pantaleon.

Officers then took Pantaleon to police headquarters, where, after further questioning, he was charged with unlawful possession of: two handguns, a rifle, an “assault rifle,” a large capacity magazine, and certain ammunition.

In New Jersey, permits to purchase firearms are not required for possession of firearms within one’s home. Possession of firearms within one’s residence is exempted under N.J.S. 2C:39-6e, as well as protected under the U.S. Supreme Court’s rulings on the Second Amendment in D.C. v. Heller and Chicago v. McDonald, and the ruling in the recently decided New Jersey Appellate Division matter, IMO of the Application for a New Jersey Permit to Carry a Handgun by Richard Pantano, A-1682-11T1 (February 22, 2013).

Pursuant to statute at issue, the ammunition in question is legal to possess since New Jersey’s ammunition prohibition only applies to handgun ammunition and the ammunition at issue is specifically designed for use in a rifle. The rifle at issue was allegedly an AR-15, one of the most commonly possessed type of rifle in America.

Pantaleon lawfully purchased his firearms as a prior resident of Pennsylvania. He also possesses permits to carry firearms from Nevada and Florida. Pantaleon has no prior criminal convictions and no mental health history. He is not accused of misusing or threatening to use any firearms. No unlawful purpose for said possessions has been alleged.

Despite the above, his bail was set at $75,000.00 cash or bond, which the 33-year-old did not have. A friend of Pantaleon’s, however, brought awareness of his matter on the Internet, which raised funds to hire the law firm of Evan F. Nappen, Attorney at Law PC to represent.

Louis P. Nappen, Esq. of the Nappen Law Firm (www.evannappen.com) immediately filed a Motion for Bail Reduction, which, after a hearing on February 27, resulted in Pantaleon being released on his own recognizance. Pantaleon had been incarcerated for over one month, since night of January 24.

Louis Nappen stated, “It is apparent that police violated Mr. Pantaleon’s rights protecting possession of firearms within one’s home, his 5th and 6th Amendment rights to remain silent and to be provided with an attorney before questioning and, most egregiously, his 4th Amendment rights against unreasonable searches and seizures.”

Jersey City Police publicly smeared Pantaleon’s reputation with comparisons to Adam Lanza and by publication of a warning letter to local schools. See NJ.com Article .

Pantaleon was an IT Specialist for a highly respectable bank, a position he proudly garnered last year, and was recently noted for promotion.

He presently requires funding to proceed with his defense. If you would like to contribute to Pantaleon’s cause, please contact www.gofundme.com/Stand4Keith .

About:
Evan Nappen (www.EvanNappen.com) is a criminal defense attorney who has focused on New Jersey firearms and weapons law for over 23 years. He is the author of the New Jersey Gun Law Guide. Visit his website at www.EvanNappen.com

Explore posts in the same categories: Obama Sucks

8 Comments on “NJ Man’s Home Illegally Searched; 2 Privately Owned Guns Land Him In Jail For 30 Days!”

  1. tgusa Says:

    The guy will be rich, rich I tell ya. The people will pay for police abuse once again. He won the lotto, he survived the gauntlet. And the landlord, he may have committed a criminal act. His employer, sued.

    He should have gone back in his room and called 911 to report two creeps in his living room dressed up as police, and then, hunker down.

    Also, I would look for connections between cops and the person upstairs without heat. I smell a rat, a big fat blue rat.

  2. Pete Says:

    Mr Pantaleon should not have to hire an attorney there should be dozens of attorneys willing to take this case on contingency, I’m surprised that the Nappen law firm is not taking it on contingency. If the facts are as stated Mr Pantaleon should win this case in a heart beat and should walk out of the court room a multi-millionaire.

  3. Big Frank Says:

    Here we go again, this ‘incident’ sure puts a damper on the ‘it will never happen here crowd’. Day in and day out our precious constitutional rights are being violated.The folks after hurricane Katrina who had their homes barged into , subjected to warrant less searches and had legally owned firearms seized, got screwed in the long run . Most of them if at all got rusted and ruined property returned and no apology or funds for violation of rights or seized property.

  4. boudicabpi Says:

    Reblogged this on BPI reblog and commented:
    NJ Man’s Home Illegally Searched; 2 Privately Owned Guns Land Him In Jail For 30 Days!

    Welcome to Obama’s Amerikka, folks.

  5. tgusa Says:

    I’m sure they will have the backing of their departments, why wouldn’t they, this is an incident that could ignite workplace violence if anyone were to be punished. With the maniac cop still fresh in everyone’s minds it will only get worse. It’s a delicate imbalance, these days we live in.

    Somebody call the police…

  6. Leatherneck Says:

    Someone gave false witness, and the Police bought it again I think. Just another G-d given order under attack in the New Age. Don’t give false witness.

  7. Big Frank Says:

    I’m in my 60′s my my how the Police have changed,most of them were regular folks. If we didn’t bust their chops we all got along, Most of the time we were admonished rather then ticketed for minor traffic violations. Nowadays IMHO there is a completely different mentality even among the local police.


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