UPDATE!!!!! WE WON!!!!THE JUDGE AGREED TO SUPPRESS THE EVIDENCE AND ALL CHARGES WERE DROPPED!!!! We can not thank all of you enough for your support in the one plus year we spent fighting this injustice. Keith and I are humbled by all of your thoughtful donations and encouraging words. When I started this page Keith was sitting in jail with no attorney nor public defender. Of all the inmates he was the only one in his area who had a pin that did not work so that he could make phone calls. I had no resources of my own to help him and I cried every day because I mostly did not know what to do. All I had was this page and the people that reached out to me once his story got out. It is because of every last one of you who donated to this fund that Keith was able to afford the best attorney Lou Nappen of Evan Nappen and Associates, afford the erroneous bail charges that were against him once the $75,000 bail was dropped, moving out of New Jersey to place where he was safe once he got out, and afforded him the ability to get back on his feet while he fought this case. None of this would've happened the way it did if not for all of your support, advice, and kind words. Many of you reached out to me personally and gave me advice and resources that I followed up on. Keith is now in the process of filing the civil suit and wants to do whatever he can to help other people whose 2nd amendment rights are being violated every day. Please know that whatever funds were donated since February 24th will be forwarded to organizations and/or individuals who are in need of those funds to stand up whatever tyranny they are facing regarding their constitutional rights. This page will be shut down in a couple of days but please feel free to contact Keith and I emailing us at email@example.com.
This is what was knocked down in court by the judge ""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."
After the next court date on February 10th we will know what will happen next. Again we are praying for a dismissal so that we can move forward and pursue the civil case against these officers and the police department. Your prayers and continues support are much appreciated :-)
Today we had a MAJOR victory in Keith's case and we can FINALLY talk about it. The motion for suppression was granted! However the prosecution has 20 days to file an appeal or dismiss. Given that attorney Lou Nappen left them without a leg to stand on their best bet would be to dismiss. The judge even said the testiomony from the landlord and the neighbor were more credible than the police. The next court date is set for February 10th at 1:30 at Hudson County Court house. Please pray that these baseless charges will finally be dismissed so we can move forward with our pending civil suit. Thanks all of you for your continued support as we fight injustice and stand up for the constitution :-)
Thank you to all of you who have donated your hard earned money to help Keith. I also want to thank those of you who recommended Evan Nappen and Associates tore represent Keith. He is currently being defended by Lou Nappen. We are STILL dealing with this case. The evidence hearing has been rescheduled two times now due to the prosecution not having their case together and not being forth coming with sharing information. Lou Nappen is one of THE BEST attorneys in the state and was responsible for leading the law firm in making history in NJ by winning the FIRST 2nd amendment case in that state ( see link http://www.evannappen.com/nappen-law-firm-wins-second-amendment-case.html). I honestly believe they are trying to drag this out as long as possible because they think we will run out of funds and have to change attorneys. WE CAN'T LET THAT HAPPEN! With just 30% left towards reaching our goal, I believe we can do it and put NJ prosecutors to shame. Even though we are soon nearing an end to this case (fingers crossed) it is not the end of the fight for justice. Any funds raised above the needed amount will be used towards helping that fight for others in need. Thank you again all of you for all of your support :-)
REPOST with DATE CORRECTION!
Keith and I are now waiting to see what will happen at this month's evidence hearing. This hearing will determine whether the "evidence" the prosecution has will be allowed or if it was collected unlawfully and in violation of Keith's rights. The prosecution will basically have to prove they collected all the evidence with just cause. In the meantime, we are continuing to stand up for the rights of others and would like for all you to do the same if you can on August 15th. Please go to this link http://www.tugg.com/events/4965 and support the eye opening event. Keith and I will be there and would like to meet and thank all of you who have supported him so far in person. We look forward to seeing you there!
UPDATE!!! Although we were hoping for this case to be dropped given the circumstances, the prosecutor met with a grand jury and Keith was officially charged. At this point I can no longer share specific details given the sensitive nature of the case at this moment. I will say that it seems pretty peculiar that the charges were made May 8th and Keith's attorney was not notified about it until the 28th. So for 20 days, this information was withheld. In any event, the fight is officially on and it will be a big one. I will share what I can upon advisement of his attorney. And you continued prayers, advice, suggestions, and positive words of encouragement are much appreciated. Much of what has been accomplished so far would not have happened without it. Thanks again for all the support!
UPDATE! A hearing has FINALLY been scheduled in this case for tomorrow morning at 9am in Jersey City. As you know Keith has been out on bail (ROR) since March 1st which was all possible because of your support. I will continue to keep you posted :-)
Keith and I can't thank all of you enough for your continued support. Right now Keith is trying to put his life back together as we sit and wait to see if he will be indicted or if they will drop the charges. Last week Keith was invited to speak on the Glenn Beck show about his arrest. Here is the YouTube link http://youtu.be/2j81g234RTA . The interview starts at 37 min into the show. Thanks again!
Here is the official press release from Evan Nappen and Associates:
Jersey City Man Released ROR After 30 Days in Jail for Mere Possession of Firearms in His Home;
Bail Originally Set at Unattainable $75,000.
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 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 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 www.nj.com/jjournal-news/index.ssf/2013/01/jersey_city_police_say_man_had.html .
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 .
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 THANK U!!!
UPDATE ON WHAT HAPPENED-THE OWNER'S SIDE OF THE STORY- Yesterday I spoke to the owner who let the cops into Keith's apartment.He described the incident in this way-The upstairs neighbor was complaining about the heating problem. He said the guy upstairs from Keith is sick with diabetes and is also has some mental problems. The upstairs neighbor, according the owner, ALWAYS complains about people, tenants in the building, and calls the cops a lot. On this evening he was complaining about the heat and thought that Keith was turning the heat off when he would leave for work. The owner explained that there was something wrong with the heating system and that someone would be there to fix it Saturday.The tenant initially said ok. The owner said that the tenant complained again about it because he could hear Keith laughing about something inside his apartment and believed that Keith was laughing about him so he called the police. When the police arrived they 1st spoke to the neighbor who made the complaint. They then went next door to the owners apartment. The owner said they were very forceful with him and talked to him like he was working for them, demanding that he open Keith's apartment and fix the problem. The owner explained that he could not fix the problem and could not get anyone there before Saturday. The police threatened the owner and said he needed to fix it now. When the owner opened Keith's apartment the officer walked in and knocked on Keith's bedroom door ( this is the loud noise Keith said he heard through his headphones) He had NO idea that there are people inside his apartment so he grabs the zipper pouch with his hand gun inside. When he sees the police at the front with the landlord and someone in his living room he puts it down, but the officer saw the motion, drew his gun on him, and asked what it was he had in his hand. With guns drawn they went into his room, found the zipper pouch, unzipped it to reveal the hand gun, and place Keith under arrest. This is what the landlord described.
AN INNOCENT MAN SITS IN JAIL ON HIS BIRTHDAY! Today is Keith's 34th birthday but instead of celebrating with people who love him, he is spending what should be his special day at Hudson County Correction Center as I continue to work on raising funds for his bail and legal fees. We've raised just enough for his retainer but not nearly enough to get him out. Let's make our birthday gift our continued support to help him in his time of need as he fight for his freedom. Thank you for your continued support!
Thank you again to everyone who has and continues to donate! I am sending personal thank yous to each and everyone one of you. UPDATE ON KEITH-he says is doing ok, just anxious to get out and get back to work. This is what he wants to do specifically :
"I will convert NJ from a MAY ISSUE state to a SHALL ISSUE state, and attack every law n the books that is even slightly unconstitutional. And with my first victory, I will show anyone can do it so I'm not the only one doing this, then after NJ, NY will be next."
He's ready to fight so let's keep going so we can bail him out! Thank you again :-)
I just wanted to share something Keith told me in an email today when I asked how he is doing and shared many of the positive comments left by so many of you. This is his reply "I'm fine right now, and learning what you have written to me has lift my spirits, not only will I sue, I will make sure that it is never possible for something like this to happen in NJ ever again." Even in this terrible predicament he is thinking about how he can use this experience to help others. That's the kind of man he is. Thank you for your continued support!!!
"not only will I sue, I will make sure that it is never possible for something like this to happen in NJ ever again." part of a message from Keith sent 2/6/2013 from Hudson County Correctional Center where he is being wrongfully detained.
This is my friend Keith who was wrongfully arrested in his home without warrant or probable cause by the NJ Police department!!!
On Thursday January 25th around 10:30 pm, Keith was in his apartment when he heard a noise outside of his bedroom door. The 2nd time he heard it he opened the door and found someone standing in his living room. Not knowing what was going on he did have his notebook in his hand which contained his weapon that he has in his home for protection. When he looked towards his front door he saw that it was opened and the landlord was outside the door with a police officer. When the man in the living room turned around he saw that he was also an officer so he threw his notebook containing the weapon on the bed. The officer asked what it was he threw on the bed and barged into the bedroom. When he discovered it was a weapon he arrested Keith right inside of his home.
This event was reportedly differently by the NJ.com in the following news article:
Keith is a funny, outgoing, chivalrous, thoughtful, and conscious individual who vocally advocates for civil rights, the 2nd amendment, gun rights and public awareness of policies that affect us. Keith is also a highly educated man who attended college at NJIT and worked on Wall St. as an IT Specialist. His interest are acting ( he is a member of the Screen Actors Guild), films, and capoeira. Right now he is currently sitting in Hudson County Correctional Center on charges of having weapons in his home. To my knowledge the weapons he owns were legally purchased. Keith also has no priors or criminal record having never been to jail before. We need to raise $26,500 to cover his legal fees and get him out of this situation immediately, and restore his life. Please help me do this by donating to this cause. Any donation will be appreciated. Thank you!
Yesterday, February 4th, I received an email from Keith through a special inmate email service I set up for him. He was able to tell me the details of the charges and shed more light on what happened to him. These are his words:
"The charges are unlawful possession of my 2 handguns, unlawful possession of my rifle, unlawful possession of my ammo and felony possession of an assault rifle.The cops claimed the third floor tenant called because he did not have heat in his apt, and the boiler just happened to be in my apartment.I don't know what the landlord told him. They had no warrant nor did they have my consent.They did not Mirandize me until after 15 hours of no sleep, no food and no water."
They did not ask him about his receipts, or legality, they're weren't even let into the apartment by him or with his knowledge WHILE HE WAS AT HOME!!!! They didn't knock, the landlord just let the police walk in. The police searched his room when they suspected he was hiding something, found his weapon, and arrested him. As of last night he was moved into the inmate population and now, this law abiding citizen who has never been to jail, did everything he was supposed to do growing up, staying out of trouble, going to college, protesting and speaking out for our Civil Rights and liberties, acquiring and maintaining a professional career in computers at a lucrative establishment, and giving back to the community by tutoring kids and sharing his theatrical talents, now sits among hardened criminals, repeat offenders who have done nothing but take away from society. The very population whom he has worked so hard to make sure we keep our rights to bear arms to protect ourselves from, is now the community that surrounds him. WE MUST GET HIM OUT OF THERE!!!! He needs an attorney fast and he needs bail or bond ($75,000 or 10% of that). Please donate whatever, whenever, and as often as you can to help us meet our goal. Thank you everyone for your continued prayers and support.
Keith Pantaleon and Roslyn Campbell are my fellow Second Amendment patriots. Nick Finch is my Constitutional Sheriff (Liberty County, Florida - the irony of the name of this county, may not be coincidental). Ron Paul is my President.
We must all continue to fight government tyranny through peaceful means.....but our Natural and Constitutional LAWS state that we can always DEFEND ourselves from any attacks on us!.....until we achieve COMPLETE AND TOTAL VICTORY! We love you Keith and Roslyn! Let us RESTORE our sacred Second Amendment Rights! Ron Paul IS my President!
Campaign Not Ready
There's an issue with this Campaign Organizer's account.
Our team has contacted them with the solution, it's a simple fix!
Please ask them to sign in to GoFundMe and check their account.