United States v. Navedo, No. 11-3413 (3d Cir. 2012)
Annotate this CaseNewark detectives were watching a building in connection with a crime that occurred at another location, two months earlier. They did not have a description of anyone involved and had no information whatsoever about Navedo. After watching an interaction between Navedo and Pozo, the officers thought that Pozo had a gun. The officers approached and identified themselves and clearly saw that Pozo had a gun. Pozo threw it into his bag and ran. As one officer chased Pozo, Navedo ran up the stairs to his home with another officer pursuing him into the building. As Navedo opened the door to his apartment, he was tackled by the officer, who testified that he handcuffed Navedo, then observed a shotgun, rifles, and ammunition on the floor. The court denied a motion to suppress, holding that the officers had reasonable suspicion to stop and question Navedo and that Navedo’s flight elevated the reasonable suspicion to “probable cause for arrest and justified entry” under the theory of hot pursuit. The Third Circuit vacated. The police had no reason to suspect that Navedo was involved in criminal activity, and even if they had appropriately formed such suspicion, they would only have been entitled to detain and investigate, not arrest.
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