NJ Laws Email Newsletter E315
Kenneth Vercammen, Attorney at Law
September 23, 2009
In This Issue:
1. If Emergency Call, Police Can Enter and Seize Item in Plain View.
2. School Officials Cannot Search Child's Underwear for Drugs.
3. Judge Can Suspend DL for Traffic Offense.
4. MotionFor Termination of Child Support UponEmancipation in New Jersey.
5. Next CommunityEvents and Races.
IMPORTANT CASES:1. If Emergency Call, Police Can Enter and Seize Item in Plain View. State v. O'Donnell408NJ Super. 177 (App. Div. 2009)Evidence observed in plain view during a police entry into a residence to provideemergency aid may be seized without a warrant even though there is a short delay between the emergency aid entry and the seizure of evidence by other police officersresponsible for processing the crime scene
2. School Officials Cannot Search Child's Underwear for Drugs. Safford Unified School. Dist. No. 1. v. Redding 129 S.Ct. 2633 (2009)In a 42 U.S.C. section 1983 action alleging an unlawful search of a student, the denial of summary judgment based on qualified immunity is affirmed where the searchof Plaintiff's underwear violated the Fourth Amendment because the facts did not give school officials reasonable suspicion to search her underwear
3. Judge Can Suspend DL for Traffic Offense. State v. Moran 408 NJ Super. 412 (AppDiv. 2009)The Court rejects the constitutional challenges to N.J.S.A. 39:5-31, which authorizes,without standards or limits, driver's license suspensions for willful motor vehicle violations.
4. Motion for Termination of Child Support upon Emancipation in New JerseyChild support is usually paid through a wage withholding garnishment at the parent'sjob. Child support orders and wage withholding continue forever against you untila Superior Court Judge signs a Formal Court Order terminating or modifying support.It is not sufficient for you to simply wait for a child to finish school. Many Divorcedecrees and Property Settlement Agreements state that child support will end uponemancipation. For example, the term "emancipation" is sometimes defined as follows:(i) The completion of the child's formal education on a matriculated basis, whetherit be graduation from a four year undergraduate school or high school, it being understood that so long as the child is diligently pursuing his formal education through a four year undergraduate college education and obtaining passing gradesthe child shall not be considered emancipated. (ii) Upon the completion of any ofthe aforesaid segments of the child's education, and upon the failure to commencethe next segment of his education, or upon leaving school, the child shall be deemedemancipated unless failure to continue on with his education has resulted from injuryor illness or some other cause beyond the child's control. (iii) The marriage of the child. (iv) Entry into the military or armed forces by the child.Your attorney can draft the appropriate Motion to terminate child support if the child is emancipated. You will need to provide your attorney with relevant papersincluding a copy of the Final Judgment for Divorce, any other Child Support Orders,copy of birth certificate if available, proof of graduation from school or workingfull time, etc. Sometimes the child support recipient, usually the mother, will sign a Consent Order which your attorney can file without the need for a formal Motion. However, generally a Formal written Notice of Motion must be filed in theCounty Superior Court where the child support Order was entered.The requirements of the Motion are detailed and must include the correct filing fees. Child support does not end merely if the child reaches 18 and graduates highschool. Most child support Order continue child support if the child is in collegefull time. However, don't give up. In the unreported Appellate Division decision of Kozak v Kozak __ NJ Super. __ (App. Div. decided January 9, 2003) the court reduced child support during the period of time the child resided at the college campus. The judge properly determined it was appropriate to calculate child supportonly for the period of time the child was not residing at college.More information at: http://www.njlaws.com/term_of_child_support_upon_emancipation.
5. Next Community Events and Races
September 26 Metuchen YMCA 5k 8:30 Garbolino 5k run at Roosevelt Park
September 26 Monroe 5k September 26 Edison Fall Festival
September 26 Jersey Shore JSRC Relay
September 27 Treasure Island Sprint Triathlon 600 meter swim,10.5-mile bike, 3 mile run, Pt Pleasant NJ
September 27 Bishop Ahr HS 5k 12 noon 1 Tingley Ln, Edison
September 27 Oysterfest Asbury Park
October 3 Metuchen Fair 10am
October 3 Sea Bright The TASTE OF SEA BRIGHT(Trolley Hop), as this event will sell out quickly.Only 1000 tickets will be sold.Eventgoers ride the trolley and hop to 20 different stopsfor samplings of food, drinks, cocktails, door prizedrawings, and incredible free giveaways!
EVENT DATE: Saturday, Oct. 3, 2009 TIME: 11:30 a.m. - 5:30 p.m.(Trolley and busses will run until 6:30)Ticket cost: $40 - ALL INCLUSIVE.Includes admission bracelet, map/passport, all food, drinks, cocktails, unlimitedtrolley/bus rides throughout the event - and you'll even get a complimentary SBBAbackpack to carry all the goodies you'll receive from the stops on the map!On the day of the event, park in Sea Bright (designated parking areas are indicatedon your map/passport) and visit the stops in ANY order you wish , at any time between11:30 and 5:30 p.m. on the day of the event. This year, we will have a trolley and2 busses continuously loop the course, dropping you off and picking you back up at each stop. By the time you've had a complimentary drink and food sampling, thetrolley/bus will be back around to pick you up and take you to your next stop. Whereelse can you spend an entire afternoon eating, drinking, receiving free give-awaysand having fun with your friends for only $40? The event ends at 5:30 pm, but thetrolley and busses will continue to provide free transportation until 6:30 p.m.
October 4 Clamman Triathlon Berkeley Twp TriathlonJersey Shore Tri Club 7AM