United States v. Navedo, No. 11-3413; Third Circuit; majority opinion by McKee, C.J.; dissent by Hardiman, C.J.; decided September 12, 2012. Before Judges McKee and Hardiman, Circuit Judges, and Jones, U.S.D.J. (sitting by designation). On appeal from the District Court of New Jersey. [Sat below: Judge Brown] D.D.S. No. 14-8-7696 [26 pp.]
Newark police detectives Henry Suarez and Saul DeLaCruz set up undercover surveillance in front of 315 Park Avenue in Newark as part of an investigation of a shooting that had occurred at 323 Park Avenue two months earlier. They saw defendant Alexander Navedo come out of 315 Park Avenue and stand on the porch. Co-defendant Pozo approached Navedo from the street carrying a bookbag. Navedo walked down to speak with him. After a few minutes, Pozo pulled an object which looked to police like a gun from his bag. Navedo leaned forward to look at, but never touched or possessed the gun.
