In this issue:
1. No warrantless search of auto after occupants are out.
State v. Eckel
2. Suppression granted where defendant already secured and out of car. State v. Johnel Dunlap
3. new web articles
4 Upcoming charity races
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1. No warrantless search of auto after occupants are out.
State v. Eckel 185 NJ 523 (2006).
A warrantless search of an automobile based not on probable cause but solely on the arrest of a person unable to endanger police or destroy evidence cannot be justified under any exception to the warrant requirement and is unreasonable. Once the occupant of a vehicle has been arrested, removed and secured elsewhere, the considerations informing the search incident to arrest exception are absent and the exception in inapplicable. If the occupant has been arrested but not removed and secured, the court will have to determine on a case-by-case basis whether the suspect was in a position to compromise police safety or evidence to justify resort to the search incident to arrest exception.
2. Suppression granted where defendant already secured and out of car. State v. Johnel Dunlap 185 NJ 543 (2006).
The Supreme Court held, in light of State v. Eckel the search incident to arrest exception is inapplicable here because Dunlap had been secured at a distance from his vehicle and was not a threat to the officers’ safety or to the preservation of the evidence. In addition, the Appellate Division properly held that, although the police clearly had probable cause to search Dunlap’s car, exigent circumstances did not justify the warrantless intrusion, thus obviating resort to the automobile exception to the warrant requirement.
3. new web articles
Hand Delivery of This Letter To Ex-Wife Is Not 'Harassment'
http://www.geocities.com/kenvnjlaw/BresocnikVGallegos.html
Increased penalty for drug distribution near public housing constitutional. State v. Brooks
http://www.geocities.com/kenvnjlaw/StateVBrooks.html
Defendant's Testimony Did Not Open the Door to the Admission of a Co-Defendant's Guilty Plea. State v. Rucki
http://www.geocities.com/kenvnjlaw/StateVRucki.html
Police Chief even in Minor Discipline matters entitled to representation by counsel. Fraternal Order of Police Lodge #1 v. City of Camden Police Department
http://www.geocities.com/kenvnjlaw/FOPVCamdenPolice.html
4 Upcoming charity races:
4/2/2006 Indian Trails 15k Road Race & 3 Mile Run 9am Middletown NJ 732-842-4317 nice views of Bay, well organized event -Ken is the two time defending champion
4/9 CHERRY BLOSSOM RUN, 10K, 10am, Branch Brook Park, Newark, 973-268-3500, (NBGP-700pts)
4/15- Titusville, Florida 8K, Space Walk of Fame, ROY, 8:00 AM, Spaceview Park, Nancy, 321-749-4494, runningal@cfl.rr.com near Cocoa Beach
4/22 Jersey Shore Relay 732-542-6090 If not running, you can still donate and enjoy the post run party at the Stone Pony
4/23 Eden 5k Princeton area When you register, write down under the team category- "RVRR Ken V."
If A Loved One Is A Victim Of Nursing Home Abuse, We Can Help
Over 1.5 million seniors live in nursing homes. Although they are entitled to receive proper care, unfortunately many suffer from severe abuse and neglect, including poor medical care, bad sanitation, and physical and verbal abuse.
If you have a loved one in a nursing home make sure he or she is being treated properly. If you think a loved one is being abused or neglected, call us. We can help stop the wrongful conduct and obtain damages for it.
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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
Speakers Bureau: The NJ State Bar Association established a community Speakers Bureau to provide educational programs to senior clubs, Unions and Middlesex County companies. During the past year, volunteer attorneys have provided Legal Rights Seminars to hundreds of seniors, business owners and their employees, unions, clubs and non-profit groups. If you are interested in having an attorney speak on Wills, Probate or Elder Law at an event, please call my office. These quality daytime educational programs will educate and even entertain. Clubs and companies are invited to schedule a free seminar during business hours.
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