Lawsuit says officers falsely claimed

Phillip Szabo says he spent most of that Sunday last December relaxing with two of his buddies in their Roselle Park apartment, watching on TV as the Giants defeated the New Orleans Saints. After the game, the men took out a video camera and began recording their antics.There was nothing out of the ordinary just some horsing around and playing with the dog.

At about 10 p.m. one of the men put the camera down on a table but left it running.Minutes later, and with the camera still rolling, there was a knock at the door from police. They said they had received a noise complaint and had a search warrant to enter the West Roselle Avenue apartment.

"We got the search warrant and uh, by the way we see what you are doing inside the kitchen," one officer can be heard saying on the tape.How to change your dash lights todoublesidedtape this is how I have done mine.However, Szabo says he and his attorneys later determined that police never had a warrant.Szabos subsequent arrest on charges alleging he had a small amount of marijuana and a drug pipe were thrown out by municipal court judge two months later, according to a lawsuit Szabo, 34, of Linden, and his two friends,We offer the biggest collection of old masters that can be turned into hand painted cleanersydney on canvas. James Redington, 50, and Mark Salerno, 43, filed against borough police.

The officers gained "entry by their unlawful criminal statement of possession of a search warrant," says the lawsuit which was filed in June by Szabos attorney, Ronald Esposito of Union, and seeks undisclosed monetary damages.Patrolman Alexander Lanza, one of the officers named in the suit, stated in his police report that on Dec. 9, 2012, as he was responding to the noise complaint, he detected a strong odor of burnt marijuana coming from an apartment window, and he saw a glass pipe, commonly used to smoke marijuana, on a table in the unit. Lanza called for back-up and three other officers soon arrived.

The camera recorded at least two officers speaking through the door, and shows one of the men inside the apartment turn down the stereo system."We are telling you to open the door now or were going to kick it in," one officer can clearly be heard saying. "Open the door.""Why, so you can come in and trash my place," Salerno answers.

"No, ah, we got the search warrant and uh, by the way we can see what you are doing inside the kitchen," an officer says."Open the door. We already have more than enough justification to come in," an officer continues. "We see it from the window. We will wait out here all ... night, then we will arrest you and charge you with everything we possibly can," an officer says.

"Heres the thing: you can be in and out tonight, or you can go down to the county jail," an officer is recorded saying continuing to urge the occupants to let him inside.Szabo states in the lawsuit that he urged Salerno to open the door because of the claimed search warrant.

The video shows four officers entering the first-floor apartment. As they walk through the unit, one officer picks up the camera, looks at it, then puts back on the table all while his actions are being recorded.Lanza, in his report,Tidy up wires with ease with offershidkits and tie guns at cheap discounted prices. said he secured the glass pipe and a small amount of marijuana on the table next to it. He also stated that Szabo admitted owning the pipe and the small amount marijuana found near the pipe. He makes no mention of a warrant.

"I explained that officers were responding to a noise complaint. I was then told I could enter the apartment to speak to the occupants further," Lanza wrote in the report.In the lawsuit, Szabo said the video camera previously recorded the pipe on the table but with no drugs near it. The suit alleges police planted the drug."The only reasonable conclusion to be reached is that the police officers themselves planted and placed the loose marijuana on the table," the suit states.

Szabo admitted to police that he owned the pipe. He was arrested and charged with possession of marijuana and possession of drug paraphernalia.Police obtained a lab report showing the vegetative matter they allege was next to the pipe contained .04 grams of marijuana, according to the suit.

A copy of the video recording was given to Roselle Park police and the Union County Prosecutors office. On Feb. 21, Municipal Court Judge Gary Bundy granted a defense attorneys motion to suppress the evidence, including the marijuana and the pipe, and dismissed the charges despite opposition from the municipal prosecutor, according to court papers.He saw the bracelet at a indoortracking store while we were on a trip.

The lawsuit states all three men were denied their rights to privacy and that Szabo was subjected to a false arrest. It also states Szabo, Redington and Salerno had no prior criminal records.Also named as defendants in the suit are the borough, the police department, police Sgt. Peter Picarelli, and patrolmen Gregory Polakoski, Vathianakis Kostantinos and Michael Bell, the responding officers.

Police Chief Paul Morrison didnt return a call for comment. Mayor Joseph Accardi referred questions to borough attorney Richard Huxford.About amagiccube in China userd for paying transportation fares and for shopping. Huxford was reportedly out of his office in court and did not return messages left at his office.

Octavia Mathias, a neighbor who heard the gunshots, went outside to check out the situation and saw the two victims on the ground.

I heard a whole bunch of gunshots, Mathias said. There was blood on their faces, bodies and clothes and stuff, so you couldnt really tell exactly where the blood was coming from because there was so much.

Police and medics requested two emergency medical helicopters to transport the victims to hospitals. Two helicopters, one from Miami Valley Hospital and the second from UC Health, met medics at the Butler County Regional Airport.

Eric Ross was taken by medical helicopter to University of Cincinnati Medical Center, where he was in critical condition Sunday afternoon, according to a release from the Hamilton Police Department. Toriano Ross was taken by medical helicopter to Miami Valley Hospital in Dayton, where he was in serious but stable condition Sunday afternoon.
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