In this issue:
1. Friday, May 25- The Legends of Belmar Volleyball
2. DNA Testing of Criminals Does Not Violate Constitution
3 DNA Testing of Juvenile Criminals Constitutional
4. Receipt of Nine Checks Not a Criminal Enterprise to Deny PTI
5. Fire Investigators Can Remain on Scene and Seize Items in Plain View
1. Friday, May 25- The Legends of Belmar Volleyball- Join the Greats of Belmar beach- Marty, John C. Billy Ball, Jim Watt, Ken Vercammen & others at D'Jay's, Bar A & other fun spots. Run the Spring Lake 5 at 8:30 am the next morning. Exciting start to Memorial Day and the Summer.
2. DNA Testing of Criminals Does Not Violate Constitution. State v. O’Hagen 189 NJ 140 (2007).
The New Jersey DNA Database and Databank Act of N.J.S.A. 53:1- 20.17-20.28, as amended, does not violate the rights guaranteed by the Fourth and Fourteenth Amendments to the United States Constitution and Article I, Paragraphs 1 and 7 of the New Jersey Constitution.
3 DNA Testing of Juvenile Criminals Constitutional. A.A. v. Attorney General of New Jersey 189 NJ 129 (2007).
DNA test results lawfully obtained pursuant to the New Jersey DNA Database and Databank Act of 1994, N.J.S.A. 53:1-20.17- 20.28, as amended, may be used to solve crimes committed prior to the taking of the DNA test.
4. Receipt of Nine Checks Not a Criminal Enterprise to Deny PTI. State v. Watkins 390 NJ Super. 302 (App. Div. 2007).
In this appeal from a denial of defendant's appeal of his rejection from pre-trial intervention (PTI), The court addressed the meaning of PTI Guideline 3(i)(2), which directs consideration of whether the crime was "part of a continuing criminal business or enterprise". Reviewing the prior cases that have addressed this Guideline, The court concludes that the Prosecutor and the reviewing judge erroneously applied Guideline 3(i)(2) to the facts of this case which involved improper receipt of unemployment checks over a four-month period. Defendant's conduct did not possess the characteristics of a "business" or "enterprise" nor did it persist for a long enough period to be deemed "continuing," as that phrase has been applied in earlier cases. As a result, The court remanded to the Prosecutor for reconsideration of defendant's application without consideration of Guideline 3(i)(2).
5. Fire Investigators Can Remain on Scene and Seize Items in Plain View. State v. Amodio 390 NJ Super 313 (App. Div. 2007).
In this matter, defendant was convicted of passion/provocation manslaughter, felony murder, arson and other offenses arising from the death of his girlfriend and her son in a fire at defendant's home. The court held that: 1) evidence obtained by the police and other officials in the fire-damaged home was properly seized without a warrant because the evidence was found during an investigation into the cause and origin of the fire, which was conducted within a reasonable time after the fire had been extinguished; and 2) the warrantless seizure of defendant's clothes was permissible because those garments had been removed from defendant in order to provide emergency medical assistance.
Our law blog- http://njlaws1.blogspot.com/
Thank you for reading our newsletter! God Bless America USA #1
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
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 email@example.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2007. 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
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court