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.