E380 NJ Laws Email Newsletter

NJ Laws Email Newsletter E380 Kenneth Vercammen, Attorney at Law November 16, 2011

Office Phone Number: (732) 572-0500 www.njlaws.com In This Issue: 1. Police did not Require Warrant for Cell Phone Site. State v. Earls 2. Denial of Criminal Motions does not bar OPRA Request.Kovalcik v. Somerset County Prosecutor's Office 3. Next Community Events

Greetings Kenneth Vercammen, RECENT CASES: 1. Police did not Require Warrant for Cell Phone Site. State v. Earls. The use of cell phone site information, obtained by the police without a warrant from a suspect's cell phone provider to determine his general location, does not violate the Fourth Amendment or its counterpart in the New Jersey Constitution because a person has no constitutionally protected right of privacy in his general location on roadways or other public places. 2. DP May Require Forfeit of Public Office.State v. Kennedy 419 NJ Super. 475 (App. Div. 2011) The offense of tampering with physical evidence is "an offense involving dishonesty," which requires the forfeiture of public office or employment under N.J.S.A. 2C:51-2(a)(1). 3. Next Community Events: Wed Nov 16 Freezing Cold Hash helpers meeting Nov 16 after Raritan Valley Road Runner's weekly run in Highland Park from the Reformed Church 8pm meet at Indochine restaurant, 371 George St, New Brunswick, NJ 08901 We will order sandwiches from Santos Deli Edison to eat after 6:30 RVRR run.http://www.santosdeli.com. I will get someone to pick up . If you are attending, please email back type of sandwich you want. We want to order sandwiches the day before. 11/19/11 Manasquan Turkey Trot 5-mile Manasquan--11am party at taverns after race discount beer. If attending email Ken V 11/25/11 Born to Run 5 mile Freehold Friday Free beer at Court Jester tavern 11am. If attending email Ken V 11/27/11 Navesink Challenge 15k and 5k, Middletown, NJ 732-542-6090 Quality JSRC event 10:00 AM Free beer at Firehouse after event. If attending email Ken V 11/29/11 Diversity Committee-MINORITY JUDGES RECEPTION-6:00PM- New Jersey Law Center, New Brunswick, NJ December 2, 2011 Friday Ken Vercammen's Christmas Party and Holiday Social- - 5:00pm - 7:00pm Bar Anticipation "Where summer never ends" 703 16th Avenue, Lake Como/ Belmar, NJ 07719 We have over 4,000 past client and 2,000 attorneys, Judges, friends and Professionals on our old paper mailing lists. Only those who provided a legible email address are receiving the Invite to the Dec 2 Christmas party. You are the "Chosen Ones" to receive the special initiation. Visit us at: http://www.facebook.com/pages/Kenneth-Vercammen-Associates-PC/149816077985 Editorial Assistance provided by Bobbi Asper. Ms. Asper is currently a senior at Rutgers University and is participating in our Fall Internship Program.

E379 NJ Laws Email Newsletter

NJ Laws Email Newsletter E379 Kenneth Vercammen, Attorney at Law November 2, 2011

Office Phone Number: (732) 572-0500 www.njlaws.com In This Issue: 1. You are invited to Ken Vercammen's Christmas Party and Holiday Social,Friday, December 2 · 5:00pm - 7:00pm 2. DP May Require Forfeit of Public Office. State v. Kennedy 3. New Expert Testimony Requires Testimony of Acceptability and Reliability. State v. Pittman 4. DWI Reversed, Pause at a Green Light Not Sufficient to Stop Car. State v. Brackin 5. Next Events

Greetings Kenneth Vercammen, 1. You are invited to Ken Vercammen's Christmas Party and Holiday Social,Friday, December 2, 2011 5:00PM - 7:00PM Bar Anticipation "Where Summer Never Ends" 703 16th Avenue Lake Como/ Belmar, NJ 07719 Free for both invited guests and their friends 5-8PM Hot & Cold Buffet with carving station $1.00 Drafts 6-7PM [need special wrist band from Ken V] We are located in the back room past the stage, called the Mahogany Room, near the outdoor bar. This event is open to your friends. If you are attending, email Ken's Law Office so we can put your name on the list for wristbands. VercammenLaw@Njlaws.com Bring a canned food donation for the St. James Food Bank Hands of Hope. Meet the "SuperLawyers" of NJ. Free gifts to clients & friends. The following will be given out: Coffee Travel Mugs Yellow T-Shirt "My attorney fights to win" Can Coozies Water Bottle Stadium Cup Magnet clip Band-Aid holders Candy/ breath mints Fish cards More details at: http://www.facebook.com/event.php?eid=175941519154087 New Cases: 2. DP May Require Forfeit of Public Office. State v. Kennedy 419 NJ Super. 475 (App. Div. 2011) The offense of tampering with physical evidence is "an offense involving dishonesty," which requires the forfeiture of public office or employment under N.J.S.A. 2C:51-2(a)(1). 3. New Expert Testimony Requires Testimony of Acceptability and Reliability. State v. Pittman 419 NJ Super. 584 (App. Div. 2011) New Jersey has not considered the admissibility in a criminal case of the results of the phenolphthalein presumptive test for the presence of blood on a person or object or any other presumptive test utilized for that purpose. Nonetheless, in this case, evidence of a positive result was introduced, without objection, by a police detective with no prior experience in conducting the test and no understanding of how it functioned or of the possibility of false positive results occurring as the result of the presence of substances other than blood. The court found the introduction of the test results to constitute reversible error, and in the course of our discussion of the issue, canvassed precedent from other states discussing the conditions for admissibility of the phenolphthalein test and other presumptive tests for the presence of blood. 4. DWI Reversed, Pause at a Green Light Not Sufficient to Stop Car. State v. BrackinA-5994-09T2 Unreported. Plaintiff's pause at a green light of about 10 sections before proceeding through the intersection was not sufficient length to have raised community caretaking concerns, particularly since defendant's driving after beginning to go through the light was unexceptional, and the police did not have sufficient probable cause to stop defendant's car. His conviction for driving while intoxicated is reversed. Source: dailybriefing@njsbanjldailybriefing.com 5-05-11 5. Next Events: 11/6/11 RUN with the VIKINGS 5K 10:00AM South Brunswick High School, Bob Tona's good event 11/13/11 Hashathon 6.6 Mile Cheesequake challenging, dangerous trails, free beer, best post race party with band, 732-542-6090 11am 2011 Municipal Court College Mon, Nov. 14, 2011 5:30 PM - 9:00 PM New Jersey Law Center, New Brunswick 11/19/11 Manasquan Turkey Trot 5-mile Manasquan 11am party at taverns after race discount beer 11/25/11 Born to Run 5 mile Freehold Friday Free beer at Court Jester tavern 11am 11/26/11 Rumson hash annual Crazy Eddie memorial trail run, not race 10:17 call for secret location 732-219-0301 11/27/11 Navesink Challenge 15k and 5k, Middletown, NJ 732-542-6090 Quality JSRC event 10:00 AM Free beer at Firehouse after event 11/29/11 Jersey Shore Runners Club meeting, snacks and beers provided Deal Firehouse, 7pm, followed by Freezing Cold Hash helpers meeting. Editorial Assistance provided by Bobbi Asper. Ms. Asper is currently a senior at Rutgers University and is participating in our Fall Internship Program.