In this issue:
1. Needle exchange prohibited. State v. Atlantic City
2. Public records request needs to be specific, not open ended. Bent v. Township of Stafford Police Department
3. If a police officer says, "off the record," statements are inadmissible. State v. Fletcher
4. Jailed defendant has right to counsel at probable cause hearing. State v. Dennis
5. Raritan Valley Road Runners RVRR Winter Banquet &
Awards Ceremony
6. New articles on the internet:
-2C:20-8. Theft of Services
-Unregistered vehicle violations 39:3-4
-RVRR and Vercammen Winning Team Running Photo
-Failure to produce license, registration or insurance card 39:3-29
7. Edison Freezing Cold Hash Run- New 2006 Photo links
8. Reminder- Chamber of Commerce Business Networking Party Friday, February 3, 2006 5-8PM
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1. Needle exchange prohibited. State v. Atlantic City 379 NJ Super. 515 (App. Div. 2005).
The Atlantic City ordinance establishing a needle exchange program, under which municipal officials are authorized to distribute sterile hypodermic syringes to drug addicts for use in injecting drugs, conflicts with and therefore is pre-empted by the provisions of the Code of Criminal Justice that prohibit persons from using or assisting others in using controlled dangerous substances.
2. Public records request needs to be specific, not open ended. Bent v. Township of Stafford Police Department 381 NJ Super. 30 (App. Div. 2005).
The Government Records Council properly dismissed the complainant's denial of access complaint after finding that the request for information about a 1992 criminal investigation of him was not a proper request for public records under the Open Public Records Act. The complainant actually sought the custodian's response to his allegations of police misconduct, but that was an open-ended demand that required analysis and evaluation that the public agency was under no obligation to provide and was not a request for specific document disclosure under OPRA.
3. If a police officer says, "off the record," statements are inadmissible. State v. Fletcher 380 NJ Super. 80 (App. Div. 2005).
During the early stages of an investigation of a burglary and robbery in Hamilton Township, defendant came to police headquarters at the urging of a family friend who is a detective in the township's police department. The detective promised defendant that he could make a statement "off-the-record." A second detective, who was aware of the promise, gave defendant written warnings required by Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602, 16 L. Ed. 2d (1966), and a form waiver of rights. The officer neither retracted the earlier promise nor explained the conflict between the promise and the waiver of rights. Defendant signed the forms and made self-incriminating statements that were admitted into evidence at trial. Relying on State v. Pillar, 359 N.J. Super 249, 272-73 (App. Div.), certif. denied, 177 N.J. 572 (2003), [the court held] that in the absence of an express retraction of an earlier offer to speak "off-the-record," a statement must be deemed involuntary and induced by the earlier promise. [The court did] not consider whether the error was harmful, because error in the jury instruction on complicity requires reversal of the conviction.
4. Jailed defendant has right to counsel at probable cause hearing. State v. Dennis 185 NJ 300 (2005).
Dennis had a right to counsel at his probable cause hearing; however, the error was harmless.
5. Raritan Valley Road Runners RVRR Winter Banquet &
Awards Ceremony
Members & Guest Welcome
Dinner • Beverages • Good Company
Music • Dancing • Beer!
Date: Saturday, February 4, 2006
Time: 6 PM to 11-PM
Place: Robert Frey Hall, 216 Joseph Street,
East Brunswick NJ.
Cost:
Post Entry: will be $29 postmarked after January 23.
At The Door: will be $31 the night of the banquet.
Directions: Take Route 18 to Cranbury Road towards South River.
After crossing Route 18 will be Joseph Street right in front of you,
turn right on Joseph and park immediately on the left in firehall
parking lot.
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6. New articles on the internet:
2C:20-8. Theft of Services
http://www.njlaws.com/theft_of_services.htm
Unregistered vehicle violations 39:3-4
http://www.njlaws.com/unregistered_vehicle_violations.htm
RVRR and Vercammen Winning Team Running Photo
http://www.njlaws.com/carnegie_5k_race.htm
Failure to produce license, registration or insurance card 39:3-29
http://www.njlaws.com/failure_to_produce_licence.htm
Revised article
Non-compete Covenants in employee agreements - Don't Let Your Employees steal your Clients
http://www.njlaws.com/restrictive_covenants.htm
7. Edison Freezing Cold Hash Run- New 2006 Photo links
http://groups.msn.com/RumsonHash/freezingcoldhash2006.msnw
8. Chamber of Commerce Business Networking Party Friday, February 3, 2006 5-8PM
Edison Chamber of Commerce and Metuchen Area Chamber of Commerce present a networking party to help celebrate Kenneth Vercammen's 20 years of providing excellent service to clients"
Open House, Client, Professionals & Business Owners Social.
Food, Refreshments, T- shirts and special gifts
The networking event will be held at the Kenneth Vercammen Law Office, 2053 Woodbridge Avenue, Edison, NJ 08817. Bring plenty of business cards.
Fax that you are attending to Edison Chamber of Commerce at 732-738-9485 or call 732-738-9482
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Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
PHONE 732-572-0500 (Fax) 732-572-0030
website: www.njlaws.com
"Celebrating 20 years of providing excellent service to clients 1985-2005"
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and car coffee holders to all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2005. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
Always schedule an office appointment with an experienced attorney when you have a legal matter. The Rules of Court limit an attorney's ability to discuss matters over the phone. If you have legal questions, you should schedule an in- office consultation.
