2053 Woodbridge Avenue - Edison, NJ 08817

Wednesday, June 20, 2018

E539 1. Kenneth Vercammen was selected to the 2018 Super Lawyers NJ list. 2. No good faith exception for errors in search warrant for apartment. 3. If DWI plea vacated with PCR, no criminal DWS. 4. May 1 Sayreville Senior Center 5. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys and Professionals involved in Probate 6. May charity Running Races Charity 7. Memorial Day events 8. Kenneth Vercammen on News 12

NJ LAWS EMAIL NEWSLETTER E539
Kenneth Vercammen, Attorney at Law 
April 24, 2018
E539
1.  Kenneth Vercammen was selected to the 2018 Super Lawyers NJ list. 
2.  No good faith exception for errors in search warrant for apartment.
3.  If DWI plea vacated with PCR, no criminal DWS.
4.  May 1 Sayreville Senior Center
5.  Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys and Professionals involved in Probate
6.  May charity Running Races Charity
7.  Memorial Day events
8.  Kenneth Vercammen on News 12

1. Kenneth Vercammen was selected to the 2018 Super Lawyers NJ list. The Super Lawyers list issued by Thomson Reuters, which manages West Publishing USA. 
A description of the selection methodology can be found at https://www.superlawyers.com/about/selection_process.html. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. 
     Also, Kenneth Vercammen has been qualified by the NJ Supreme Court's the Board on Attorney Certification to be recognized as one of the few Municipal Court Law Attorneys.

2. No good faith exception for errors in search warrant for apartment. State v Boone (A-3-16)
   Because the warrant affidavit failed to provide specific information as to why defendant's apartment and not other units should be searched, the warrant application was deficient.
Here, no independent documentary evidence, such as a voting record, utility bill, or lease, was offered to corroborate Boone's address. No neighbor, informant, or controlled transaction demonstrated that Boone lived in Unit 4A. Police failed to provide the issuing judge a basis of knowledge from which to conclude that contraband would be found in the particular apartment. That is true regardless of whether the warrant application provided a basis for Boone's arrest because, as noted, probable cause to arrest a suspect is not synonymous with probable cause to search that suspect's apartment. Police lacked the facts important in Keyes, namely a reliable informant who could identify where Boone lived. Police here listed Boone's apartment unit as the targeted property in a conclusory manner, without any evidential basis as to how they knew that specific unit in a thirty-unit building contained contraband. The Court recognizes that the error here was likely an innocent oversight by the police. However, because New Jersey does not recognize an officer's good faith alone as an exception to the warrant requirement, the error demands reversal. 
        
         Because the State's warrant application did not include specific evidence as to why a judge should issue a search warrant for a specific apartment unit, the search warrant issued on the basis of that application was invalid. And, because the police search of Unit 4A was not supported by a valid warrant or justified by an exception to the warrant requirement, the search was unconstitutional. Therefore, the Court suppresses all evidence seized from Boone's apartment. The Court emphasizes that judges issuing search warrants must scrutinize the warrant application and tie specific evidence to the persons, property, or items the State seeks to search. Without that specificity and connection to the facts, the application must fail. 
3. If DWI plea vacated with PCR, no criminal DWS.  State v Faison A-3629-15T4 
     In this case, the court reversed defendant's conviction for operating a motor vehicle while his license was suspended for a second or subsequent driving while intoxicated (DWI) conviction, N.J.S.A. 2C:40-26(b). While defendant's license was suspended for a second DWI conviction when the police stopped him, before trial he successfully petitioned for post-conviction relief (PCR). The order granting PCR vacated his prior DWI convictions and remanded both matters to the municipal court for new trials. On remand, the municipal court dismissed one DWI charge, and defendant pled guilty to the other. 

         As a result of defendant's PCR and remand proceedings, at the time of his trial for violating N.J.S.A. 2C:40-26(b), he had only one prior DWI conviction. Accordingly, the State could not prove an element of the crime charged - a second DWI conviction - a prerequisite to the mandatory 180-day incarceration period imposed by N.J.S.A. 2C:40-26(b) and (c). 
4.  May 1 Sayreville Senior Center
Wills, Estate Planning & Probate Seminar- Last seminar of the Spring at 10am
423 Main Street                                                                      
Sayreville NJ 08872                                                                
     Open to the public. You do not need to be a resident.
 
SPEAKER: Kenneth Vercammen, Esq. Edison, (Author- ABA's "Wills and Estate Administration book")
       Main Topics:
1. NJ Estate Tax eliminated on Estates as of January 1, 2018 & Veterans Tax credit
2. The 2018 changes in Federal Estate and Gift Tax 
3. The new Digital Fiduciary Act & New law permits Executor to resign if all parties consent
4. Power of Attorneys                                                                      
5. Living Will                                                                                    
6. Administering the Estate/ Probate/Surrogate 
 
5. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys and Professionals involved in Probate
May 7, 2018 5:00 PM- 9:00 PM NJ Law Center 
   Includes a 240 + page book with sample forms, documents & checklists! and light dinner. 
Speakers: 
-WILLIAM P. ISELE, ESQ. Past NJ Ombudsman for the Elderly
-MARTIN A. SPIGNER, ESQ. Law Office of Martin A. Spigner, Cranbury
-KENNETH A. VERCAMMEN, ESQ. Co-Chair, ABA Estate Planning & Probate Committee, Past GP Solo Section Attorney of the Year 
Past NJSBA GP Solo of the Year Edison, NJ
         Fees between $160-$190. More details contact New Jersey Institute for Continuing Legal Education The non-profit continuing education service of The New Jersey State Bar Association Constitution Square, New Brunswick, NJ 08901-1520   
Phone: 732-214-8500.    CustomerService@njicle.com
        Law students can attend for free, without material

6.  May charity Running Races Charity

May 5, 2018 Farmlands bike This family-friendly event has marked routes in a variety of distances, from a leisurely 15,25,35 mile jaunt to the ambitious 50 mile, metric (62.5 miles) and century (100 miles)
Central Jersey Bike Club Middletown http://www.cjbc.org
 
May 6, 2018 Highland Park 5k Run in the Park   9am Sunday RVRR is volunteer group
 
SAT, MAY 19, 2018 Follow Me 5K Run MILLTOWN, NJ   8:30am & 1 mile walk American Legion
 
May 20, 2018 NJ Sharing Network 5k Long Branch 8:30 Sunday
 
May 25, 2018 "Legends of Belmar" Friday night of Memorial Day - "Start of Summer Happy Hour with the Legends of Belmar" Join Ken V and friends the Friday night before Spring Lake 5 race for "Legends Night" in Belmar at D'Jais 5:30 free food Ocean Ave. Belmar, 7:30 Bar Anticipation 16th Ave not a race, just social event. The greats of Belmar beach volleyball, friends of Holme band and the beach start Memorial Day at D'Jais & Bar A. Give out American Flag stickers to lucky customers to show your support for USA and those who served. Marty P, John C. Jim W, Chris K, maybe even Daniel-son
May 26, 2018 Spring Lake Five Mile Run    Saturday    8:30am then free food at Bar A.
 
5/27/18 Navesink 1.2 mile swim   8:15 AM
 
6/2/18   Elk's Flag Day Parade, Wildwood
6/2/18 RVRR Towpath Training run benefit Cancer Institute & post run picnic http://rvrr.org/events/training-run/

7. Memorial Day events
 
May 27, 2018 Edison Memorial Day Parade 12 noon Along Plainfield Avenue: Starting from Edison Library Division and ending at American Legion Post 435 Father & Son on Oakland Avenue for refreshments. 
       Son & grandsons of Veterans should join the Sons of American Legion
S.A.L. Membership Eligibility Requirements
All male descendants, adopted sons and stepsons of members of the American Legion, and such male descendants of veterans who died in Service during World I, World War II, the Korean War, the Vietnam War, Lebanon, Grenada, Panama, the Persian Gulf War and the War on Terrorism, during the delimiting periods set forth in Article IV, Section 1, of the National Constitution of The American Legion, or who died subsequent to their honorable discharge from such service, shall be eligible for Membership in the Sons of The American Legion. Ken Vercammen is a member of the Sons of American Legion in Edison. Dues only $20.00 per year. Hall available for rental
American Legion Father & Son Post 435
43 Oakland Ave, 
Edison, NJ 08817
Phone: (732) 985-9768
 
5/28/18 North Brunswick Memorial Day 5k 8:30am North Brunswick Community Park Route 130 South
May 28, 2018 METUCHEN AREA CHAMBER OF COMMERCE Annual Parade & Ceremony in honor of MEMORIAL DAY, Monday, -A Century of Service, Honoring our American Legion Post 65 & Boy Scout Troop 14 with Grand Marshals CW4 Isabella Giordano, U.S. Navy (Ret.) Verna Martin, U.S. Army (Ret.) 
   New PARADE route at 10am-From Brunswick Avenue & Edgar School, proceeding north on Main Street to New Street, to end at the Plaza for the CEREMONY at 11:30am

8.  Ken Vercammen was on News12 NJ TV again.
Kane in Your Corner. Odds of pothole damage reimbursement 'slim', discussing municipality liability
 
http://longisland.news12.com/story/37925887/kiyc-odds-of-pothole-damage-reimbursement-slim
 
Editor's Note and Disclaimer:
All materials Copyright 2018. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com

Monday, June 11, 2018

E538 1. Organ and Tissue Donation and Transplantation helpful information. 2. Not criminal harassment to publish rude flyers 3. Community events 4. April-May charity Running Races Charity 5. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys and Professionals involved in Probate 6. Protect your assets from Nursing Homes and Medicaid.

NJ LAWS EMAIL NEWSLETTER E538
Kenneth Vercammen, Attorney at Law 
April 4, 2018
E538
1. Organ and Tissue Donation and Transplantation helpful information.
2. Not criminal harassment to publish rude flyers
3. Community events
4. April-May charity Running Races Charity
5. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys and Professionals involved in Probate
6. Protect your assets from Nursing Homes and Medicaid.

1. Organ and Tissue Donation and Transplantation helpful information.
        
   When is Organ Donation Awareness Month?
   National Donate Life Month is April. Every day in April, people across the U.S. make a special effort to celebrate the tremendous generosity of those who have saved lives by becoming organ, tissue, marrow, and blood donors and to encourage more Americans to follow their fine example. The celebration commemorates those who have received or continue to wait for life saving transplants and honors those who died while waiting.

    Who can be a donor? People of all ages and medical histories should consider themselves potential donors. Your medical condition at the time of death will determine what organs and tissue can be donated.   
       
     Does my religion support organ and tissue donation? Every major religion in the United States supports organ and tissue donation as one of the highest expressions of compassion and generosity.   

     Is there a cost to be an organ, eye and tissue donor? There is no cost to the donor's family or estate for donation. The donor family pays only for medical expenses before death and costs associated with funeral arrangements.
        
     Does my social and/or financial status play any part in whether or not I will receive an organ if I ever need one? No.  When you are on the transplant waiting list for a donor organ, what really counts is the severity of your illness, body size, tissue type, blood type and other important medical information.   

    Why should I register to be an organ and tissue donor? Organ and tissue transplants offer patients a new chance at healthy, productive, and normal lives and return them to their families, friends and communities.  To learn more or to register to become an organ and tissue donor, visit www.NJSharingNetwork.org. Also contact your attorney to have a Living Will/ Advance Directive prepared.

Dear Friends, 
       We are sharing this message from the NJ Sharing Network to promote organ donation.
April is National Donate Life Month and we are so excited for the launch of #SaveNJLives, our initiative designed to start conversations about organ and tissue donation and transplantation.  

Thanks to our volunteers, nearly 140 participating pizzerias, coffee shops, diners and bagel shops in New Jersey will distribute custom designed pizza boxes and coffee sleeves in April, leading people to our campaign website, www.SaveNJLives.com. There, visitors can find out how many people in their town are waiting for a life-saving transplant, share that information via social media, and learn additional ways to help. 

  • Visit www.SaveNJLives.com
  •  and share the number of people in your town waiting for a transplant on your Facebook and Twitter pages. Simply click the Facebook and Twitter icons on the site and follow the prompts to share. 
  •  Participate in the 5/20/18 NJ Sharing Network 5k Long Branch 8:30 Sun

2. Not criminal harassment to publish rude flyers. State v. Burkert (A-6-16)
This case tests the limits to which a broadly worded harassment statute, N.J.S.A. 2C: 33-4(c), can criminalize speech. 

HELD: To ensure that N.J.S.A. 2C:33-4(c) does not exceed its constitutional reach in cases involving the prosecution of pure speech, repeated acts to "alarm" and "seriously annoy" must be read as encompassing only repeated communications directed at a person that reasonably put that person in fear for his safety or security or that intolerably interferes with that person's reasonable expectation of privacy. 
 1. N.J.S.A. 2C:33-4 distinguishes between "communications" and "language" that violate the statute in subsection (a), and "conduct" and "acts" that do so in subsection (c). Although a "course of alarming conduct" or "repeatedly committed acts" can occur through communications and language alone, it is far from clear that the Legislature had in mind offensive speech as the object of N.J.S.A. 2C:33-4(c). That the primary thrust of N.J.S.A. 2C:33-4(c) is not to interdict speech, but rather conduct, is reinforced in State v. Hoffman, 149 N.J. 564 (1997). 
 2. Criminal laws touching on speech must give fair notice of where the line is set between what is permissible and proscribed and must be drawn with appropriate definiteness. A court can invalidate a statute that is substantially overbroad on its face if the statute reaches a substantial amount of constitutionally protected conduct. Such a drastic remedy, however, is not the only-and not even the preferred-approach. Provided that a statute is reasonably susceptible to an interpretation that will render it constitutional, courts must construe the statute to conform to the Constitution. 
 3. The vaguely and broadly worded standard in N.J.S.A. 2C:33-4(c) does not put a reasonable person on sufficient notice of the kinds of speech that the statute proscribes. The statute's vagueness also gives prosecuting authorities undue discretion to bring charges related to permissive expressive activities. That, in turn, means that the statute-if not more narrowly defined-has the capacity to chill permissible speech. Under N.J.S.A. 2C:33-4(c), a person who, with the purpose to seriously annoy another, does seriously annoy another is guilty of harassment. Speech, however, cannot be transformed into criminal conduct merely because it annoys, disturbs, or arouses contempt. The First Amendment protects offensive discourse, hateful ideas, and crude language because freedom of expression needs breathing room and in the long run leads to a more enlightened society. Outside of the category of obscenity, courts should not play the role of censor by engaging in a weighing of an expression's value or relative social costs and benefits. Speech cannot be criminalized merely because others see no value in it. Nonetheless, neither the First Amendment nor Article I, Paragraph 6 of our State Constitution prohibits the State from criminalizing certain limited categories of speech, such as speech that is integral to criminal conduct, speech that physically threatens or terrorizes another, or speech that is intended to incite imminent unlawful conduct. The First Amendment also does not bar states from enacting laws that punish expressive activity when substantial privacy interests are being invaded in an essentially intolerable manner.

3. Community events April

Edison Elks presents - An Evening of Southern Rock & Blues
April 14 at 6 PM - 10 PM *  Saturday,
Edison Elks #2487 - Edison, NJ 375 Old Post Road, Edison, New Jersey 08817 Come enjoy Southern Rock & Blues music while eating some good ol' Southern BBQ. All proceeds help fund the Elks Wildwood Convention and Parade. $25.00 Short ribs and chicken Open to the public

April 16, 2018 Please share with your friends
   Metuchen Library
Wills, Estate Planning & Probate Seminar
at 7:00pm Free community program
480 Middlesex Ave. Metuchen, NJ 08840
Open to the public. You do not need to be a resident to attend

South Plainfield Public Library
Wills, Estate Planning & Probate Seminar
April 19 at 7pm
Free community program
South Plainfield Public Library
2484 Plainfield Avenue
South Plainfield, NJ 07080

WILLS & ESTATE ADMINISTRATION-PROTECT YOUR
FAMILY AND MAKE PLANNING EASY

SPEAKER: Kenneth Vercammen, Esq. Edison, NJ (Author- Wills and Estate Administration by the ABA)
         The January 1, 2018 New Estate Tax law changes administration of estates and trusts in New Jersey.
Main Topics:
1. NJ Estate Tax eliminated on Estates as of January 1, 2018 & Veterans Tax credit
2. 2018 changes in Federal Estate and Gift Tax
3. The new Digital Fiduciary Act & New law permits Executor to resign if all parties consent
4. Power of Attorneys
5. Living Will
6. Administering the Estate / Probate / Surrogate 

April 20 Happy "April 20" day for Legal marijuana fans

4. April-May charity Running Races Charity
April 15th at 8:00am - Lincoln Tunnel 5k in Weehawken Sunday Wakefern Shoprite is co-sponsor
April 24, 2018 Runapoloza Jersey Shore relay & The Asbury Park Half Marathon   Wakefern Shoprite Corporate Team Past Champion jsrc.org

April 28, 2018   JSRC Lake Como 5k Romp 10am
Benefit BPOE Elks Camp Moore for Children with Special Needs & Lake Como Giving Tree      
April 29, 2018     29th Annual Tour de Franklin,Franklin Food Bank 62 mile & 40-mile bike 62 Mile Metric Century or     40 Mile   now Starts at Franklin High School


April 29, 2018 Captain Ronald Zinn Memorial Races 10k Racewalk 9am, 5krun 11am Wall Municipal Building

May 5, 2018 Farmlands bike This family-friendly event has marked routes in a variety of distances, from a leisurely 15,25,35 mile jaunt to the ambitious 50 mile, metric (62.5 miles) and century (100 miles)
Central Jersey Bike Club Middletown

May 6, 2018 Highland Park 5k Run in the Park   9am Sunday RVRR is volunteer group

May 13, 2018 Run the hook 5k   Sandy Hook 10am Wakefern Shoprite co-sponsor 5k/10k:


SAT MAY 19 2018 Follow Me 5K Run MILLTOWN, NJ   8:30am & 1 mile walk American Legion

May 25, 2018 "Legends of Belmar" Friday night of Memorial Day - "Start of Summer Happy Hour with the Legends of Belmar"  Join Ken V and friends the Friday night before Spring Lake 5 race for "Legends Night" in Belmar at D'Jais 5:30 free food Ocean Ave. Belmar, 7:30 Bar Anticipation 16th Ave not a race, just social event. The greats of Belmar beach volleyball, friends of Holme band and the beach start Memorial Day at D'Jais & Bar A. Give out American Flag stickers to lucky customers to show your support for USA and those who served. Marty P, John C. Jim W, Chris K, maybe even Daniel-son
   5. Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys and Professionals involved in Probate
May 7, 2018 5:00 PM- 9:00 PM NJ Law Center
   Includes a 240 + page book with sample forms, documents & checklists! and light dinner
Speakers:
-WILLIAM P. ISELE, ESQ. Past NJ Ombudsman for the Elderly
-MARTIN A. SPIGNER, ESQ. Law Office of Martin A. Spigner, Cranbury
-KENNETH A. VERCAMMEN, ESQ. Co-Chair, ABA Estate Planning & Probate Committee, Past GP Solo Section Attorney of the Year
Past NJSBA GP Solo of the Year Edison, NJ
          
Elder law continues to offer the legal profession a booming opportunity for growth. As your current clients continue to grow older, you need to position yourself to be able to offer them and their families the legal services required by the elderly in today's society. Or, you may be looking for lucrative areas in which to expand your current practice, including administering their estates.
This practical program is designed to provide the nuts and bolts of elder law practice & estate administration practice to general practitioners and young lawyers, as well as to more experienced lawyers seeking to expand into this field.

           A highly authoritative and experienced panel of elder law attorneys & estate planners will share proven techniques and experience it would take you years to gather on your own. You'll also gain insight on how Federal Medicaid Reform will impact your practice.
Everything you need to know about elder law & estate administration including:
* Why Have a Will? - Gathering information; standard provisions; designation of fiduciaries; protective clauses; sample forms; Ethics - who is the client?
* Powers of Attorney - Types of POAs; what should be included; why clients need them; POAs and Living Wills; sample forms
* Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool - Why it should be used; Ethics - who is the client?; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms
* Basic Tax Considerations - Jointly-held property; "I love you" Will; no Will at all; insurance owned by client; unlimited marital deduction; estate planning in the testamentary document; sample forms/letters
* Estate Administration - New Probate Law in New Jersey - Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists
* Medicaid Planning in Light of Federal Medicaid Reform - 
Countable assets of Medicaid applicant; income cap/Medical needy standard; look-back period; transfers of property; personal residence; Medicaid estate recovery rules; probate; undue influence; competency... and more.

$137-$180.00 Superior Court Judges can attend for free.  
General Tuition, reduced fee  for NJSBA Elder & Disability Law Section and NJSBA Young Lawyers Division [Free for Superior Court Judges and Law students]

Seminar #
More details contact New Jersey Institute for Continuing Legal Education The non-profit continuing education service of The New Jersey State Bar Association Constitution Square, New Brunswick, New Jersey 08901-1520  Phone: 732-214-8500

           Law students can attend for free, without material

6. Protect your assets from Nursing Homes and Medicaid seminar in Ocean City, NJ Free Begley Seminar

Protect the money you leave to your children from their divorce.

Protect your children's inheritance from creditors, taxes and their own poor judgment by using a Bloodline Trust.

Will I outlive my savings? What can I do?

How do I generate sufficient income from my savings? 
How much risk is appropriate in my investment portfolio?
Thursday, April 19th
11:30am Seminar and Lunch 
The Flanders Hotel
719 East 11th Street, Ocean City, NJ This seminar is free but reservations are required

Editorial Assistance provided by Meriam Kahany. Ms. Kahany is currently attending Rutgers University and is participating in Kenneth Vercammen's Spring Law Office Volunteer Internship Program.

Like Us On: Facebook

Endorse Us On: Linkedin  
Editor's Note and Disclaimer:
All materials Copyright 2018. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com

Tuesday, April 17, 2018

E537March 20, 2018 Index 1. Even if the request to search were not lawful, defendant's flight attenuated the seizure from the alleged improper police conduct. 2. Strip search after marijuana arrest not permitted. 3. Community Events


NJ LAWS EMAIL NEWSLETTER E537
Kenneth Vercammen, Attorney at Law 
March 20, 2018
Index 
1. Even if the request to search were not lawful, defendant's flight attenuated the seizure from the alleged improper police conduct.  
2.  Strip search after marijuana arrest not permitted.  
3.  Community Events

Recent Cases: Even if the request to search were not lawful, defendant's flight attenuated the seizure from the alleged improper police conduct. State v. Lopez N.J. Super. App. Div. unreported
   Defendant appealed the denial of his motion to suppress evidence and his sentences. Police made a motor vehicle stop of defendant's vehicle, observed that defendant was nervous, saw a large amount of cash in the center console, suspected drug activity and requested consent to search the car. Defendant initially agreed, then drove away throwing a black object out of the car. Defendant eventually stopped and was arrested. The police found a plastic bag-containing heroin near where defendant threw the object from the car. At the hearing on the motion to suppress, the trial judge found the stop was lawful because of the inoperable brake light and defendant's change of lanes without signaling. The court found that sufficient credible evidence supported the stop and the request to search.
    Even if the request to search were not lawful, defendant's flight attenuated the seizure from the alleged improper police conduct. Source NJLJ (14-2-3291) unreported.

2.   Strip search after marijuana arrest not permitted.  State v. Jules, N.J. Super. App. Div. unreported.
  Appellant appealed from his conviction for third-degree possession of alprazolam (Xanax). Appellant's appeal focused solely on the denial of his motion to suppress evidence obtained from a strip search, which police conducted at their headquarters after his arrest. In denying appellant's motion, the judge found the officer had reasonable articulable suspicion justifying the initial stop, probable cause for the arrest and that the strip search was lawful under the search incident to arrest exception to the warrant requirement.             Appellant did not dispute the initial stop or the arrest; appellant argued that the police acted unlawfully by subjecting him to a strip search without first obtaining a warrant. 
  On appeal, the court-reversed denial holding the officer's suspicion that the item in appellant's groin area was a prescription pill bottle did not establish probable cause that appellant committed the named offense. The court found there was no "objectively reasonable" basis to arrest appellant for possession of prescription pills, only that there was probable cause to arrest him for marijuana possession.     Therefore, the police could not use the search incident to arrest exception to circumvent the protections that arose from appellant's arrest. Furthermore, exigency could not support the search once the police handcuffed and secured appellant. Finally, the court found the "plain feel" exception inapplicable because the object believed to be a prescription pill bottle did not make it "immediately apparent" that the bottle contained contraband. Accordingly, the court reversed denial of suppression and remanded for dismissal of the judgment of conviction. Source NJLJ Daily briefing

3.  Community Event

Edison Elks presents - An Evening of Southern Rock & Blues
April 14 at 6 PM - 10 PM        Saturday,
Edison Elks #2487 - Edison, NJ 375 Old Post Road, Edison, New Jersey 08817 Come enjoy Southern Rock & Blues music while eating some good ol' Southern BBQ. All proceeds help fund the Elks Wildwood Convention and Parade. $25.00 Short ribs and chicken Open to the public

April 16, 2018 Please share with your patrons
Metuchen Library
Wills, Estate Planning & Probate Seminar
at 7:00pm Free community program
480 Middlesex Ave. Metuchen, NJ 08840
Open to the public. You do not need to be a resident to attend
WILLS & ESTATE ADMINISTRATION-PROTECT YOUR
FAMILY AND MAKE PLANNING EASY

SPEAKER: Kenneth Vercammen, Esq. Edison, NJ (Author- Wills and Estate Administration by the ABA)
       The January 1, 2018 New Estate Tax law changes administration of estates and trusts in New Jersey.
Main Topics:
1. NJ Estate Tax eliminated on Estates under $5,500,000 as of January 1, 2018 & Veterans Tax credit
2. 2018 changes in Federal Estate and Gift Tax
3. The new Digital Fiduciary Act & New law permits Executor to resign if all parties consent
4. Power of Attorneys                                                                        
5. Living Will                                                                                       
6. Administering the Estate/ Probate/Surrogate

Upcoming Running Races & Charity events selected by Kenneth Vercammen

March 24, 2018  Jersey Shore Kilt Run/Walk (Lake Como) 11AM
Great event by JerseyRunner.com & Gio Dr. T-shirtjerseyrunner.com Wakefern Shoprite co-sponsor
April 15th at 8:00am - Lincoln Tunnel 5k in Weehawken Sunday Wakefern If you are attending any of these charity races, please call or email Ken V. at Kenv@njaws.com Often we car pool from East Brunswick /Edison or meet at these events. I update this list athttp://vercammensport.blogspot.com/
    Great event by JerseyRunner.com & Gio Dr. T-shirtjerseyrunner.com Wakefern Shoprite co-sponsor

April 7, 2018 Indian Trails now 20k & 10k 9am Middletown [Ken V is past 5k winner] Croydon Hall School raceforum.com

April 15, 2018 at 8:00am - 
Lincoln Tunnel 5k in Weehawken Sunday Wakefern Shoprite is co-sponsor https://www.sonj.org/events/lincoln-tunnel-challenge-5k/

April 21, 2018 Runapoloza Jersey Shore relay & The Asbury Park Half Marathon   Wakefern Shoprite Corporate Team Past Champion www.jsrc.org.

April 28, 2018   JSRC Lake Como 5k Romp 10am
Benefit BPOE Elks Camp Moore for Children with Special Needs & Lake Como Giving Tree      

April 29, 2018     29th Annual Tour de Franklin,Franklin Food Bank 62 mile & 40-mile bike 62 Mile Metric Century or 40 Mile   now Starts at Franklin High School.          http://www.franklinfoodbank.org/events 

April 29, 2018 Captain Ronald Zinn Memorial Races 10k Racewalk 9am, 5krun 11am Wall Municipal Building

May 5, 2018 Farmlands bike This family-friendly event has marked routes in a variety of distances, from a leisurely 15,25,35 mile jaunt to the ambitious 50 mile, metric (62.5 miles) and century (100 miles)
Central Jersey Bike Club Middletown http://www.cjbc.org 

May 6, 2018 Highland Park 5k Run in the Park   9am Sunday RVRR is volunteer group.

Like Us On: Facebook

Endorse Us On: Linkedin  
Editor's Note and Disclaimer:
All materials Copyright 2018. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com


E536 ndex 1. Recent cases: GPS tracking device by police not barred. 2. NJ had jurisdiction for criminal spam attack on NJ business 3. OPRA can also require electronically stored data. 4. Non-running Community events 5. Fun Upcoming Charity Running Races


NJ LAWS EMAIL NEWSLETTER E536
Kenneth Vercammen, Attorney at Law 
March 6, 2018
Index 
1. Recent cases:  GPS tracking device by police not barred.  
2. NJ had jurisdiction for criminal spam attack on NJ business 
3. OPRA can also require electronically stored data. 
4. Non-running Community events 
5. Fun Upcoming Charity Running Races 

1. GPS tracking device by police not barred State v McDuffie 450 NJ Super. 554 (App. Div. 2017).
   The court examined defendants' attack on the State's exercised privilege, refraining from disclosing information regarding details related to a global positioning system (GPS) tracking device used to prove their involvement in two burglaries. The court rejected defendants' constitutional attacks and upheld the privilege granted by N.J.R.E. 516 and N.J.S.A. 2A:84A-28, defining the guidelines reviewed when weighing disclosure in light of the asserted privilege.
These include: (1) whether defendant demonstrates a particularized need for disclosure related to advance a stated defense; (2) whether the opportunity to cross-examine the officer, asserting non-disclosure based on privilege, satisfies a defendant's need to challenge the credibility of the testifying witness; (3) whether law enforcement provided required corroborating evidence extrinsic to the GPS, to protect a defendant's rights of confrontation and fair trial; and (4) whether a defendant has the opportunity to provide expert testimony to attack the evidence without disclosure of the requested information. Docket A-3634-14T3

2. NJ had jurisdiction for criminal spam attack on NJ business. State v Tringali 451 NJ Super. 18 (App. Div. 2017).
    The State alleged that, acting in Florida, defendant paid an accomplice to launch spam attacks on a website that was integral to a New Jersey internet-based business, for the purpose of harming the business owner.
   The Appellate Division reversed an order dismissing the indictment charging defendant with the offenses of disrupting or impairing computer services, N.J.S.A. 2C:20-25(b), and impersonating another for the purpose of obtaining a benefit or depriving another of a benefit, N.J.S.A. 2C:21-17(a)(1). As to both offenses, the harmful result to the victim is an "element" of the offense, within the meaning of the territorial jurisdiction statute, N.J.S.A. 2C:1-3(a)(1) and -3(g).
     Because the prosecutor produced some evidence that the New Jersey victims suffered harm in this State, which was an element of each computer crime statute, New Jersey has territorial jurisdiction to prosecute defendant for those offenses. Therefore, the trial court erred in dismissing those counts of the indictment for lack of territorial jurisdiction. A-1262-15T1

3. OPRA can also require electronically stored data. Paff v. Galloway Township 229 NJ 340 (2017).
   The Appellate Division's overly constrictive reading of OPRA cannot be squared with the OPRA's objectives or statutory language. OPRA recognizes that government records will constitute not only paper documents, but also information electronically stored.
   The fields of information covering "sender," "recipient," "date," and "subject" in the emails sent by the Galloway Township Chief of Police and Clerk over a two-week period are government records under OPRA.

March 16, 2018 Highland Park Office of Aging at 11am Wills & Estates Free program

March 18, 2018 South Amboy Parade Sunday at 1 PM.

March 18, 2018 Elks Citizen of the Year Awards Dinner Central District held at Carteret Elks Ken V is current Edison Citizen of the Year

March 22 2018, Middlesex County Bar Awards Dinner at The Pines Manor in Edison. [Ken V is a past winner of Municipal Court Attorney of the Year]

March 24, 2018 Highlands Saint Patrick's Day Parade   2pm park near Central, go to Claddagh, then Inlet Cafe

March 25, 2018 Keyport, NJ St. Patrick's Day Parade
Saturday, Kick-off will be at 1:00 PM


March 18, 2018 St. Paddy's 5 mile   9:30 Freehold  great FARC event Dress warm. FARC is a 501(c) 3 not for profit organization. which typically donate over $25,000 each year to local charities.

March 24, 2018  Jersey Shore Kilt Run / Walk (Lake Como) 11 am
 Great event by JerseyRunner.com & Gio Dr. T-shirtjerseyrunner.com Wakefern Shoprite co-sponsor

Editorial Assistance provided by Meriam Kahany. Ms. Kahany is currently attending Rutgers University and is participating in Kenneth Vercammen's Spring Law Office Volunteer Internship Program.

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Editor's Note and Disclaimer:
All materials Copyright 2018. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.

E535February 15, 2018 Index 1. Recent cases: Dash cam video in fatal shooting public record. 2. Canine dog sniff search cannot be long delay. 3. Defendant had a constitutional right to possess the machete in his home. 4. Non-running Community events & St. Patrick parades. 5. Fun Upcoming Charity Running Races.


NJ LAWS EMAIL NEWSLETTER E535
Kenneth Vercammen, Attorney at Law 
February 15, 2018
Index 
1. Recent cases: Dash cam video in fatal shooting public record.
2. Canine dog sniff search cannot be long delay.
3. Defendant had a constitutional right to possess the machete in his home.
4. Non-running Community events & St. Patrick parades.
5. Fun Upcoming Charity Running Races.

1. Dash cam video in fatal shooting public record. North Jersey Media Group, Inc. v. Township of Lyndhurst.  229 NJ 514 (2017)
   NJMG was entitled to disclosure of unredacted Use of Force Reports, under OPRA, and dash-cam recordings of the incident, under the common law. Investigative reports, witness statements, and similarly detailed records were not subject to disclosure at the outset of the investigation, when they were requested.

2. Canine dog sniff search cannot be long delay. State v. Dunbar 229 NJ 521 (2017).
The Court adopts the federal standard barring unnecessary delays for the purpose of canine sniffs. Officers do not need reasonable suspicion of a drug offense provided that the canine sniff does not prolong the stop beyond the time required to complete the stop's mission. (A-94-15; 077839)

3. Defendant had a constitutional right to possess the machete in his home. State v. Montalvo 226 N.J. 212 (2017)
The right to possess a weapon in one's own home for self-defense would be of little effect if one were required to keep the weapon out-of-hand, picking it up only "spontaneously." Defendant had a constitutional right to possess the machete in his home for his own defense and that of his pregnant wife. Because the trial court's instructions did not convey this principle, the instructions were erroneous. Further, because the erroneous instructions were capable of producing an unjust result in this matter, they constitute plain error.

4. Non-running Community events:
March 1, 2018NJAJ LAW OFFICE MARKETING: ONLINE AND OFFLINE Winter Seminar 2018 Thursday, The Palace at Somerset Park, Somerset, NJ

SEMINAR AGENDA
11:00 am - 12:00 pm, Lunch & Registration, Exhibit Hall
12:00 pm - 12:30 pm
Marketing Without the Internet
Kenneth A. Vercammen, Esq., Edison, NJ
12:30 pm - 1:15 pm
Engaging Your Law Firm in Your Community
Andrew J. D'Arcy, Esq., Egg Harbor Township, NJ
Satish V. Poondi, Esq.,  Woodbridge, NJ   1:15 pm - 2:15 pm
Internet Marketing  2:30 pm - 3:30 pm
Ethics of Internet Marketing: What is Appropriate on Your Website
3:30 pm - 4:15 pm
Networking and Building Your Referral Base  4:15 pm - 5:00 pm
Law Office Marketing Panel Discussion  5:00 pm - 6:30 pm
Cocktail Reception Exhibit Hall Registration fees between $200-$350

March 7, 2018 Annual Review of the Major Municipal Court Cases affecting Law Enforcement 2017-2018 at 12 noon,Sponsored by Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFAat South Amboy Ancient Order of Hibernians AOH 271 2nd St, South Amboy, NJ 08879 free for police & law enforcement

March 8, 2018 Catholic Financial Foundations: Protecting your family with insurance and estate planning. at 7pm   St. Thomas the Apostle One St. Thomas Plaza   Old Bridge

March 11, 2018 Asbury Park, NJ St. Patrick Parade@ 1:00 PM   Sunday,

March 14, 2018 Sayreville Public Library
Wills & Power of Attorney Seminar at 6:30pm free

March 15 Piscataway Library Wills & Power of Attorney Seminar at 7pm free

March 16 Highland Park Office of Aging at 11am Wails & Estates Free program

March 18 South Amboy Parade Sunday at 1 PM.

March 18 Elks Citizen of the Year Awards Dinner Central District held at Carteret Elks Ken V is Edison 2017-2018 Citizen of the Year

March __ 2018, MCBA awards Annual Awards Dinner at The Pines Manor in Edison. Middlesex County Bar Awards Dinner [Ken V is a past winner of Municipal Court Attorney of the Year]

March 24 Highlands Saint Patrick's Day Parade   2pm park near Central, go to Claddagh, then Inlet Cafe

March 25 Keyport, NJ St. Patrick's Day Parade
Saturday, Kick-off will be at 1:00 PM

5. Fun Upcoming Charity Running Races
 February 17, 2018 Manasquan Mid-Winter 2 mile Beach Run/Walk 11:00Race starts on Ocean Ave, Boardwalk and you run l 1/4 mile on the Beach, ending at Leggett's restaurant.Post race party at Leggett's, plenty refreshments and food. Wakefern Shoprite co-sponsor jerseyrunner.com

Feb 18, 2018 ORC Winter Series 10am Ocean County Park, Lakewood

Feb 25, 2018 Johnny Mac house of Spirits Train Run Snowball Express approx 10:30 AM when train leaves jsrc.org

March 10 Guinness run Highlands Bahrs Landing Restaurant
2 Bay Ave., Highlands, NJ 07732. Saturday, March 10, 2018 at 2PM. Registration is $30.00 and includes a commemorative t-shirt, a Guinness Pint glass and access to the Post-Race Party at Bahrs Landing Restaurant, with complimentary appetizers and Guinness Beer. The race will begin at Bahrs, 2 Bay Avenue, where contestants will fill their cup and race to Miller St., and back to the finish line at Bahrs. The contestant with the most liquid in their cup at the finish line, wins the 1st Place trophy . There will be a Post-Guinness Run Pub Crawl from 3PM-5PM, included with RUN registration or $10.00 without RUN registration and $3.00 Imported Beer specials at participating restaurants.

March 18, 2018 St. Paddy's 5 mile   9:30 Freehold     great FARC event Dress warm. FARC is a 501(c) 3 not for profit organization. which typically donate over $25,000 each year to local charities. farcnj.com

3/24/18  Jersey Shore Kilt Run/Walk (Lake Como) 11AM

  Great event by JerseyRunner.com & Gio Dr. T-shirtjerseyrunner.com Wakefern Shoprite co-sponsor
Editor's Note and Disclaimer:
All materials Copyright 2018. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.

KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com





Monday, April 09, 2018

Winter 2017 Municipal Court Law Review rev 1/10/17

Major cases affecting Municipal Court and criminal cases



1. NJ Supreme Court makes “plain view” car searches easier

State v. Gonzales __ NJ __ (2016)

    The Court now excises the inadvertence requirement from the plain-view doctrine. Because it is setting forth a new rule of law, the Court will apply the reformulated plain-view doctrine prospectively. Nevertheless, the Court holds that the trial court’s finding of inadvertence is supported by credible evidence in the record. The Court therefore reverses the judgment of the Appellate Division and reinstates the trial court’s denial of the motion to suppress.  A-5-15



2. Protective search on house not permitted where no evidence another person present. State v. Bryant __ NJ __ (2016)

   The officers here lacked reasonable and articulable suspicion that another party was present, much less that another party posed a danger to officer safety. The protective sweep was thus insufficient to establish an exception to the warrant requirement, and any evidence found as a result of that sweep—even if it was found in plain view—must be excluded and suppressed as fruit of the poisonous tree. A-2-15



3. Driver with prior school zone DWI sentenced as 2nd Offender State v. Wheatley __ NJ Super. __ (App. Div. 2016) 

       Distinguishing State v. Reiner, 180 N.J. 307 (2004), the court held that a defendant who was previously convicted of driving while intoxicated (DWI) in a school zone in violation of N.J.S.A. 39:4-50(g) is subject to the increased penalties applicable to second offenders under N.J.S.A. 39:4-50(a)(2) when he was subsequently convicted of a conventional DWI in violation of N.J.S.A. 39:4-50(a). A-5026-14T1



4. Town outside surveillance camera not subject to OPRA but maybe subject to common law.

Gilleran v. Township of Bloomfield __ NJ __ (2016)

Compelling release on demand of security surveillance video would be contrary to the legislative intent motivating OPRA’s exemptions based on security concerns. The Township’s explanation for denying the request for the footage was adequate. Requests for video from surveillance cameras protecting public facilities are better analyzed under the common law right of access. The Court therefore reverses the judgment of the Appellate Division and remands the matter for further proceedings based on the unresolved common law claim. A-15-15



5 Twitter statement admissible in criminal trials. State v Hannah __ NJ Super. __ (App. Div. 2016)

Defendant was charged with hitting the victim in the face with her shoe. At trial, the State introduced a screenshot taken by the victim of a "tweet" allegedly posted by defendant after the incident saying "shoe to ya face." Defendant argues that this Twitter posting was improperly admitted into evidence, citing a Maryland case requiring that such social media postings must be subjected to a greater level of authentication. The Appellate Division rejects that contention, holding that New Jersey's current standards for authentication are adequate to evaluate social media postings. Under those standards, it was not an abuse of discretion to admit the tweet based on the presence of defendant's photo and Twitter handle, its content containing information specific to the parties involved, and its nature as a reply to the victim's communications. A-5741-14T3


6. No obstruction for failure to provide DL for parking ticket.  State v Powers __ NJ Super. __ (App. Div. 2016)

Defendant was convicted after a trial in municipal court, and again on appeal to the Law Division, of obstruction based on both physical interference and an "independently unlawful act." N.J.S.A. 2C: 29-1(a). The court remanded for findings that might illuminate the judge's conclusory determination that defendant physically interfered with a state trooper in the issuance of a parking ticket at a highway rest stop.

       The court, however, also held that defendant, in these circumstances, could not be convicted of obstruction by means of "an independently unlawful act" that was based solely on N.J.S.A. 39:4-57, which provides that "[drivers of vehicles . . . shall at all times comply with any direction . . . of a member of a police department" when the officer is in the course of "enforcing a provision of this chapter." Defendant was outside his vehicle and, therefore not a driver, and the trooper was not enforcing Chapter 39 because he was only issuing a parking ticket. A-3764-14T2


7. Official misconduct does not apply to EMT State v. Morrison __ NJ __ (2016)

A municipality’s contracting for emergency medical services through a private, non-profit first-aid squad does not convert the EMTs into public servants because they are not exercising authority of a uniquely governmental nature or performing a function exclusive to government in any traditional sense, regardless of whether there are one or more non-profit providers of publicly funded emergency medical services for the municipality. Morrison did not commit the offense of official misconduct because he was not performing a governmental function and therefore was not a public servant. The Court affirms the judgment of the Appellate Division and remands for proceedings on the four remaining counts. A-36



8. Victim Statement to police not admissible at trial State in Interest of A.R. __ NJ Super. __ (App. Div. 2016)

Appellant, a fourteen-year-old juvenile, was found guilty of sexually touching a seven-year old boy on a bus returning from summer camp. The alleged victim was developmentally comparable to a three-year-old. After getting off the bus, he blurted out to his mother's cousin that appellant had touched him during the ride. Eighteen days later, a detective interviewed the younger child on videotape at the county prosecutor's office. The child repeated the accusation, demonstrating it with anatomical dolls. No eyewitnesses on the bus, including the driver and aide, corroborated the incident.

At a pretrial Rule 104 hearing, the court ruled that both of the child's hearsay statements were sufficiently trustworthy to admit under the "tender years" hearsay exception, N.J.R.E. 803(c)(27). The court then queried the younger child at the start of the trial about his ability to discern and tell the truth. The court twice concluded from the child's troublesome responses that he was not competent to testify under the criteria of N.J.R.E. 601. Nevertheless, the court accepted the child's hearsay statements and trial testimony repeating the accusations, based on the so-called "incompetency proviso" in Rule 803(c)(27), which treats children of tender years as available witnesses even if they are not competent to testify.

The court concluded that the younger child's statements during his recorded interview with the detective were "testimonial" under the Confrontation Clause, as construed by the United States Supreme Court in Crawford v. Washington, 541 U.S. 36 (2004), and its progeny. The objective "primary purpose" of the interview was to elicit and preserve statements from an identified child victim of sexual abuse about wrongful acts for potential use as evidence in a future prosecution. The child's testimonial statements to the detective here are distinguishable from the non-testimonial statements that a young child victim made to her teachers at school in Ohio v. Clark, 135 S. Ct. 173 (2015).

       Although appellant's counsel attempted to cross-examine the child, that exercise was inadequate to safeguard his confrontation rights, given the child's undisputed incompetency. Hence, the court reversed the admission of the detective's interview and the child's in-court testimony because it violated appellant's constitutional rights. However, as appellant concedes, the child's spontaneous assertion after getting off the bus was not testimonial under the Confrontation Clause and was properly admitted. The court remanded for the trial court to reconsider the proofs in light of the determinations. A-2238-14T3


9. Dismissal of DV can’t be used as bargaining chip in divorce case J.S. v. D.S  __ NJ Super. __ (App. Div. 2016)

Defendant appealed a domestic violence final restraining order (FRO), claiming it was void upon entry – despite the parties' settlement of matrimonial issues that included defendant's consent to the FRO – because the judge did not find an act of domestic violence had occurred. A few days before the scheduled date for oral argument in this court, the parties stipulated to a dismissal of the appeal that would allow for the perpetuation of the FRO.

Notwithstanding their agreement, the court exercised its discretion, pursuant to Rule 2:8-2, and determined that the interests of justice required a disposition of the appeal's merits; the court vacated the FRO due to the lack of a finding of domestic violence, reinstated the TRO, and remanded for a final hearing. A-5742-14T2


10. Mandatory Electronic Filing in Criminal cases in eCourts.

The Supreme Court informed that bar that the Court has determined that electronic filing in Criminal matters using eCourts Criminal is mandatory with certain limited exceptions.

    All attorneys and law firms seeking to file documents in criminal matters must do so electronically through eCourts, except in the following limited instances: (1) cases not tracked in PROMIS/Gavel, e.g., expungements, gun permit filings, municipal appeals; (2) filings that are not part of the court's official case file, e.g., prosecutor discovery pursuant to Rule 3:13-3(b)(1); (3) filings where a fee is specifically required, e.g., municipal appeals, expungements; and (4) Megan's Law filings.



11. New Criminal Rules effective Jan 1, 2017

No more mandatory cash bail for indictable criminal charges.

Everyone with a Warrant gets to spend at least one night in jail !!!  Attorneys need to set up an eCourts login and file Superior Court motions online, or refer cases out.

On Jan. 1, 2017, NJ shifted from a system that relies principally on setting monetary bail as a condition of release to a risk-based system that is more objective, and thus fairer to defendants because it is unrelated to their ability to pay monetary bail. The statute also sets deadlines for the timely filing of an indictment and the disposition of criminal charges for incarcerated defendants.

Source: www.judiciary.state.nj.us/criminal/cjr/index.html



Photo: Eric Morrell & Ken Vercammen were speakers at the Annual Middlesex County Bar Association Municipal Court case update. For information on other MCBA events go to http://www.mcbalaw.com



13. Next programs:

March 2, 2017  Review of recent caselaw for Police. Sponsored by  of Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFA 12 noon, followed by monthly meeting of Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFA At South Amboy Ancient Order of Hibernians, 271 2nd St, South Amboy, NJ 08879

March 20, 2017 Municipal Court College seminar

5:30pm-9:00pm

NJ Law Center, New Brunswick

http://tcms.njsba.com/



May 1, 2017 Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys and individuals involved in Probate

Nuts and Bolts of Elder Law

5:00 PM- 9:00 PM NJ Law Center

May 16-17 NJSBA Annual Meeting at the Borgata



July  14, 2017 Happy Hour at Bar Anticipation





Photo text Handling Drug, DWI and Serious Cases in Municipal Court 

Kenneth Vercammen, Esq., Past Municipal Court Attorney of the Year
Tara Auciello  Edison Prosecutor
John Menzel, Esq., Past Chair Municipal Court Section
Norma Murgado, Esq., Chief Prosecutor- Elizabeth & Woodbridge
William Brigiani, Esq., Past President Middlesex County Bar
   The 400 page book written by Ken Vercammen and John Menzel is available from NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION

NJICLE, A Division of the NJSBA NJ State Bar Association  732-214-8500



Index

1. NJ Supreme Court makes “plain view” car searches easier

State v. Gonzales

2. Protective search on house not permitted where no evidence another person present. State v. Bryant

3. Driver with prior school zone DWI sentenced as 2nd Offender State v. Wheatley

4. Town outside surveillance camera not subject to OPRA but maybe subject to common law.

Gilleran v. Township of Bloomfield

5 Twitter statement admissible in criminal trials. State v Hannah

6. No obstruction for failure to provide DL for parking ticket.  State v Powers

7. Official misconduct does not apply to EMT State v. Morrison

8. Victim Statement to police not admissible at trial State in Interest of A.R.

9. Dismissal of DV can’t be used as bargaining chip in divorce case J.S. v. D.S 

10. Mandatory Electronic Filing in Criminal cases in eCourts.

11. New Criminal Rules effective Jan 1, 2017

12 Photo: Eric Morrell

13. Next events:

14. Photo text Handling Drug, DWI and Serious Cases in Municipal Court