2053 Woodbridge Avenue - Edison, NJ 08817

Friday, July 20, 2007

NJ Laws Newsletter E212 May 1, 2006

In this issue:
1. Recent cases: Confidential informant tip plus police observation permitted stop of car. State v Birkenmeier
2. Expert can testify regarding drug sales. State v. Nesbitt
3. Statement suppressed where Miranda not re-issued after arrest. State v Dispoto
4. NUTS & BOLTS OF ELDER LAW Thursday, May 11, 2006
5. Upcoming charity races: 5/13 Edison Family Day 5k 
6. Brendan Vercammen wins wrestling championship
1. Recent cases: Confidential informant tip plus police observation permitted stop of car. State v Birkenmeier 185 NJ 552 (2006).
Under the circumstances presented, the confidential informant’s information, once corroborated by the observations of the police, provided the reasonable and articulable suspicion required for an investigatory stop of Birkenmeier’s car. Once the car was stopped lawfully and the odor of marijuana detected by the police, probable cause and exigent circumstances existed so as to trigger the automobile exception to the warrant requirement and permit the lawful search of the passenger compartment. Once the police lawfully discovered the marijuana in the passenger compartment, there was a sufficient basis to support the request for Birkenmeier’s consent to a search of his home, which consent, by Birkenmeier’s own admission, was freely and voluntarily given.

2. Expert can testify regarding drug sales. State v. Nesbitt 185 NJ 504 (2006).
There was no error in allowing the expert to testify about methods used by confederates in street-level drug sales. Although the expert’s answer elicited by the hypothetical question improperly relied on terminology from the criminal statute, it did not constitute plain error.

3. Statement suppressed where Miranda not re-issued after arrest. State v Dispoto __ NJ Super. __ (App. Div. 2006) A-146-05T5, decided February 17, 2006.
In a prosecution for CDS offenses, the defendant's post-arrest inculpatory statement and the drugs and drug paraphernalia that the police seized pursuant to a search warrant were properly suppressed. The statement had to be excluded because the Miranda warnings that were issued to the defendant in circumstances that did not constitute custodial interrogation or formal arrest did not vitiate the need to reissue the warnings when he was arrested hours later. In light of the evidence developed at the Miranda hearing, the trial court did not err by reconsidering its decision that there was probable cause for the search warrant, and the drugs and paraphernalia were fruits of the poisonous tree because the only evidence that the police relied on to obtain the search warrant was the defendant's inculpatory statement.
Source: Facts-on-Call Order No. 92860.

Thursday, May 11, 2006 - 5:00 PM to 9:00 PM
Hilton Garden Inn, Edison
Featuring timely discussion of planning opportunities under the New Medicaid Law & 2006 changes to Will & Probate Law
Begley & Bookbinder, PC (Moorestown)
Law Offices of Kathleen Browning Sheridan (Ship Bottom)
Law Offices of Martin A. Spigner (Cranbury)
Chair, ABA Elder Law Committee
NJSBA General Practitioner of the Year
Law Offices of Kenneth A. Vercammen (Edison) (Moderator)
 SEMINAR FEES - Range between $119-$139. Call New Jersey Institute for Continuing Legal Education (732) 214-8500
Tuition includes dinner and seminar materials with CD-ROM.

Elder law continues to offer professionals a booming opportunity for growth. As your current clients continue to grow older, professionals need to position themselves to be able to offer them and their families the services required by the elderly in today’s society. Or, you may be looking for lucrative areas in which to expand your current practice.

This practical program is designed to provide the nuts and bolts of elder law practice to general practitioners, as well as to more experienced lawyers seeking to expand into this field. A highly authoritative and experienced panel of elder law attorneys 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. Register today!

• Why Have a Will?
Gathering information; standard provisions; designation of fiduciaries;
protective clauses; sample forms

• Powers of Attorney
Types of POAs; what should be included; why clients need them; POAs and Living Wills; 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

• Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool
Why it should be used; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms

• Estate Administration & 2006 New Probate Code
Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists

• Planning Opportunities Under the New Medicaid Law
Transfer of assets; annuities; when does the penalty start and how does it work?; planning opportunities - lost & gained

• Guardianship changes in 2006

…and more

Presented in cooperation with the NJSBA Young Lawyers Division and the NJSBA Elder & Disability Law Section
Thurs., May 11, 2006
5:00 PM to 9:00 PM
Hilton Garden Inn, Edison
Seminar # S578h-12191


Can't Attend?
Audio Cassette Tapes/Materials Item No. CP57806
CD/Materials Item No. CDP57806
$149* (Only Audio CD package can be used for NY CLE credits – non-refundable)

New Jersey Institute for Continuing Legal Education
One Constitution Square, New Brunswick, New Jersey 08901-1520
Phone: (732)214-8500 Fax: (732)249-0383 Email: customerservice@njicle.com


5. Upcoming charity races:

5/13 Edison Family Day 5k  9:30am Edison 732-248-7361 
5/19, 5/20, 5/21 Commotion By The Ocean $60.00 (by March 1st) - $70.00 (March 2nd – May 1st) - $75.00 Rumson Hash- Neptune, NJ
What You Get: 1st Annual Give-A-Ways, i.e., Commemorative T-Shirt and more. Continuous flow of assorted premium draft beers throughout the weekend (including Guinness, Smithwicks, Anchor Steam, and Pilsner Urquell, just to name a few. Fri. – Sun)
Three incredible events. Scenic Runs, Great Reggae Band, Sun-set Cruise, Train ride, Munchies galore.

5/27/2006 The Spring Lake Five Mile Run  5mi, 8:30am  Spring Lake NJ  732-449-3544  Register early. Post race party at Bar Anticipation

6. Brendan Vercammen wins wrestling championship
Brendan Vercammen of the South Brunswick Crossroads Middle School won the Middlesex County Large School Championship at 144 pounds. He also won the overall Middlesex County Championship. He defeated the Monmouth County Champion, and was crowned the Tri- County Champ by defeating the Ocean County champ from Toms River.

He qualified for the NJ State Championship held on March 19 in Atlantic County. Other Middlesex County Large school champions were Mike MacMurrary and Sarah Dorsey.

Thank You! Thank You! Thank You! Thank You!

Thanks to all our clients who graciously referred their family, friends and associates to our agency. We build our firm on your positive comments. We couldn't do it without you!
Referrals are the lifeblood of any business, and there's no better source than you, our clients.


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.

"Celebrating more than 20 years of providing excellent service to clients 1985-2006"
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