Alleged Cat Burglar arrested

Emiliano Tavarez-Rodriguez was arrested last week. He was charged criminally with Burglury and Theft. Rodriguez is a twenty-two year old man from Paterson, New Jersey, who allegedly broke into several houses in the middle of the night and stole electronics, jewelry and credit cards while the owners were asleep in the house.

Police were led to Rodriguez through his rampant use of the stolen credit cards throughout Passaic and Bergen Counties. Rodriguez also allegedly sold the stolen jewelry at the Garden State Plaza Mall in Paramus, New Jersey.

After his arrest, the police found various allegedly stolen items from the burglaries in Mr. Rodriguez’ vehicle. It is unknown what led the police to Rodriguez’ car or whether or not  Search Warrant was obtained. No details regarding the search and seizure have been revealed to date. Rodriguez’ attorney should be able to obtain Discovery regarding the police’s actions. If the police did not obtain a warrant or have probable cause to enter Rodriguez’ car, and no viable exception to the Warrant requirement exists, Rodriguez’ attorney may be able to move to suppress the evidence. Also, if Rodriguez was not in or near the vehicle at the time of the search, the automobile exception to the warrant requirement may be contested as inapplicable and the items seized suppressed and barred from use at trial.

In order for the State to prevail, the Prosecution must prove beyond a reasonable doubt all of the elements of each crime.

Section 2C:18-2 defines Burglury as follows:

A person is guilty of burglary if, with purpose to commit an offense therein or thereon he:

(1) Enters a research facility, structure, or a separately secured or occupied portion thereof unless the structure was at the time open to the public or the actor is licensed or privileged to enter;

(2). Surreptitiously remains in a research facility, structure, or a separately secured or occupied portion thereof knowing that he is not licensed or privileged to do so; or

(3) Trespasses in or upon utility company property where public notice prohibiting trespass is given by conspicuous posting, or fencing or other enclosure manifestly designed to exclude intruders.

Generally Burglury is a crime in the 3rd degree. Burglary is a crime of the second degree if in the course of committing the offense, the actor:

(1). Purposely, knowingly or recklessly inflicts, attempts to inflict or threatens to inflict bodily injury on anyone; or

(2). Is armed with or displays what appear to be explosives or a deadly weapon.

Independently, Section 2C:20-2b grades Theft. Pertinently, Theft is a crime of the 3rd degree if the amount stolen is between $500-$75,000. Theft is a crime of the 4th degree if the amount stolen is between $200-$500. Theft is aDisorderly Persons Offense if it is less than $200.

Currently, Rodriguez remains in the Passaic County Jail. To date, Rodriguez has not posted the $65,000.00 bail set by the Court. No facts were revealed regarding the Court’s rationale regarding the amount of the bail set.

If you have a case or would like to discuss this blog further, please contact me anytime at Matthew@Jtlaw.org

Matt Simon

LAW OFFICE OF JOHN TIERNEY, LLC

Matthew C. Simon, Esq.

1259 Route 46 East,

Building 3, Suite 133

Parsippany, NJ 07054