United States v. Alexander Navedo
2012 U.S. App. LEXIS 19121
| 3rd Cir. | 2012Background
- Police surveilled 315 Park Ave, Newark, to investigate a January shooting at 323 Park Ave; area not shown as high-crime.
- Navedo exited 315 Park Ave porch; Pozo approached with backpack displaying what appeared to be a gun.
- Navedo did not touch the gun; officers approached based on Pozo’s display and Navedo’s interest.
- Navedo fled into the building when pursued; DeLaCruz tackled him at the apartment doorway.
- Inside the apartment, officers observed a shotgun, rifles, and ammunition, prompting seizure.
- District Court denied suppression, ruling there was reasonable suspicion and probable cause based on flight; conviction followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop of Navedo was supported by reasonable suspicion | Navedo had no information linking him to illegal activity | Pozo’s gun transaction gave basis for reasonable suspicion to detain the group | No; insufficient individualized reasonable suspicion to detain Navedo |
| Whether flight by Navedo established probable cause for arrest | Flight, combined with prior suspicion, could justify arrest | Flight alone cannot establish probable cause | Flight did not, by itself, elevate to probable cause for arrest |
| Whether hot pursuit or exigent-entry into the apartment was valid | Hot pursuit justified warrantless entry based on probable cause | No probable cause; entry into home not justified | Majority remands to suppress; does not uphold warrantless entry; arrest not supported by probable cause |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (1968) (establishes stop-and-frisk framework and reasonable suspicion standard)
- United States v. Cortez, 449 U.S. 411 (1981) (reasonable suspicion must be individualized and based on totality of circumstances)
- Wardlow, 528 U.S. 119 (2000) (unprovoked flight alone not enough; context matters for stop/arrest)
- Ybarra v. Illinois, 444 U.S. 85 (1979) (proximity to others does not by itself justify stop/search)
- United States v. Laville, 480 F.3d 187 (3d Cir. 2007) (flight can elevate reasonable suspicion to probable cause when supported by other facts)
- Florida v. Royer, 460 U.S. 491 (1983) (limits on questioning and detentions in consensual encounters)
- Payton v. New York, 445 U.S. 573 (1980) (home arrest and entry standards; exigent circumstances considerations)