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Charges against Tamaqua man dismissed by judge

Published November 25. 2011 05:01PM

A Tamaqua man had his motion to suppress criminal charges brought against him granted by Judge Cyrus Palmer Dolbin after a hearing held in the Schuylkill County Court.

After the charges were dismissed, Ryan Michael Navitsky, 33, of 252 Brown Street, Tamaqua, was discharged. He had been arrested by Patrolman Matthew Williams, Tamaqua Police, last July 10 in the vicinity of Lehigh Street and Cottage Avenue and was charged with possession of a controlled substance and possession of drug paraphernalia.

In his motion to suppress Navitsky claimed the evidence obtained was after a "pat down" and claimed this was a violation of his constitutional rights under the Pennsylvania and United State Constitutions.

In the information filed to court the officer stated he was dispatched to the area after an anonymous caller reported suspicious persons in the area. When the officer arrived on the scene, he noted two men and a woman walking and the defendant was one of the persons.

After the officer stopped them and inquired what they were doing, he was told they were walking from Tuscarora and were cutting across the woods to Route 209.

The officer claimed Navitsky appeared nervous and removed a back pack and he noticed it was full of tools and that Navitsky claimed he worked for a demolition company. The officer asked to examine the pack and found no contraband. He then performed a pat down and discovered a bottle of pills, which Navitsky admitted were drugs, and was arrested.

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