A METAL PLATE IS A "WEAPON?"
In Matter of Tavarez v. NYC Department of Correction, the New York City Department of Correction (DOC) alleged that Jose Tavarez had violated a disciplinary rule which prohibited possession of "contraband."
During a search of Tavarez's cell, officers discovered a flat metal plate placed on the cell entrance's "top gate cover." When DOC sought to detain Tavarez for 60 days in punitive segregation, he claimed innocence and argued that he didn't have exclusive access to the area where the contraband was found.
After the Bronx County Supreme Court sided with DOC, Tavarez appealed to the Appellate Division, First Department, which affirmed.
The AD1 felt it was reasonable to infer Tavarez was in possession of the weapon since it was in a location within his control. (A "report and notice of infraction, an investigation report, and an incident report," all supported the outcome.)
We're not sure we like the way that was plated.
To download a copy of the Appellate Division's decision, please use this link: Matter of Tavarez v. NYC Department of Correction
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Comments
Inference?
Inference?
We don't need no stinkin' inference.
Why shouldn't the inference be exactly the opposite of what the court says it is?
If I am a prisoner and am going to stash a contraband weapon, I am not going to do it inside my cell, because of a the possibility of being caught and punished. If someone doesn't like me and found out about the weapon, he could inform the guards.
It makes more sense to stash the weapon in the publicly accessible portion of another cell.
Posted by: Gines Pasamonte | July 31, 2008 4:25 PM