Pubdate: Fri, 23 Aug 2002
Source: Morning Call (PA)
Copyright: 2002 The Morning Call Inc.
Contact:  http://www.mcall.com/
Details: http://www.mapinc.org/media/275
Author: Tyra Braden

EASTON POLICE HAD RIGHT TO MAKE APRIL TRAFFIC STOP, JUDGE RULES

Evidence Can Be Used Against Two Facing Weapons Charges.

Evidence against two men arrested on weapons charges after a traffic stop 
in Easton can be used by the prosecution, a Northampton County judge has ruled.

Keven Ymir Harris, 30, of Plainfield, N.J., and Towan Rodney Bowling, 32, 
of the 1200 block of Butler Street in Easton had questioned the traffic 
stop April 18 at St. John and Orchard streets.

Judge Stephen G. Baratta on Thursday ruled that the traffic stop was 
lawful. In addition, the judge ruled that police had a right to remove 
Harris and Bowling from the car.

Harris faces charges of carrying a firearm without a license, violating a 
prohibition against former convicts owning a firearm, corruption of minors, 
loitering and prowling, and a summary traffic offense. Bowling is charged 
with carrying a firearm without a license, resisting arrest, corruption of 
minors, and loitering and prowling.

Ricky Alton Sloan and Joseph Earl Harris, both of Plainfield, were charged 
with corruption of minors, and loitering and prowling. A 16- year-old boy 
in the car was not charged.

In his order, Baratta says officer Salvatore A. Crisafulli saw a car making 
numerous stops in the Delaware Terrace area of the city's South Side about 
2:30 a.m. Crisafulli stopped the car after about 20 minutes, after Harris, 
the driver, made a turn without using a turn signal.

Crisafulli said he smelled marijuana coming from the car. Officer 
Christopher Miller saw, by shining his flashlight into the car, that 
Bowling had a knife clipped to his pocket. Police said they got Bowling out 
of the car and found that he also had a handgun. Harris was ordered out of 
the car but refused. He was removed, and police said they found a handgun 
on him.

No marijuana or other drugs were found in the car or on the passengers.

The men wanted evidence suppressed because, they said, police had no reason 
to stop the car, nor to remove them from it. Baratta ruled that the stop 
was proper, because Crisafulli "articulated reasonable grounds to believe 
that the defendants, given the high-crime area, were loitering and prowling 
at night" and because he reasonably suspected several traffic violations.

Asking Bowling and Harris to get out of the car was also proper, the judge 
ruled, because police are allowed to do so during a traffic stop and in the 
"officer's interest in safety."

In addition, Baratta said, the car had tinted windows and police were 
"unable to clearly view activity within the vehicle." The numerous stops 
and starts, he said, made for suspicious activity.
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