In this issue:
1. Recent Cases: Improper for Judge to File Contempt Proceeding then Serve as Judge of Case.
Editor's Note and Disclaimer:
All materials Copyright 2016. 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
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
1. Recent Cases: Improper for Judge to File Contempt Proceeding then Serve as Judge of Case.
2. 3rd Party Intervention still does not Permit Police to Search Private Home.
3. Protective Sweep of Car's Interior not Permitted.
4. Community Events
5. Nuts and Bolts of Elder Law for Attorneys and paralegals
Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys and paralegals April 18, 2016
1. Recent Cases: Improper for Judge to File Contempt Proceeding then Serve as Judge of Case. Ippolito v Ippolito 443 NJ Super. 1 (App. Div. 2015)
In this matrimonial action, the family judge instituted a contempt
proceeding, pursuant to Rule 1:10-2, against defendant upon the judge's
receipt of a letter from plaintiff's counsel claiming that defendant
violated an order which prohibited defendant from "threatening or
intimidating any expert in this matter." Because the judge presided over
the very contempt proceeding he initiated, failed to appoint counsel to
prosecute the matter, and shifted the burden of persuasion to
defendant, the court vacated the order under review and remanded the
contempt proceeding to the assignment judge to designate another judge
to preside over the contempt proceeding.
2. 3rd Party Intervention still does not Permit Police to Search Private Home. State v. Wright 221 NJ 456 (2015)
The third-party intervention or private search doctrine does not
exempt law enforcement's initial search of defendant's home from the
warrant requirement. Absent exigency or some other exception to the
warrant requirement, the police must get a warrant to enter a private
home and conduct a search, even if a private actor has already searched
the area and notified law enforcement.
3. Protective Sweep of Car's Interior not Permitted. State v Robinson 441 NJ Super. 33 (App. Div. 2015) cert denied
The court reverses an order denying defendant's motion to suppress the handgun seized in a "protective sweep" of his car.
Following a routine late-night traffic stop on the
Garden State Parkway, police dispatch advised the patrol officer that
defendant driver and one of his three passengers had open warrants and
were known to carry weapons. Deciding to proceed "tactically," five
officers approached with guns drawn and ordered all occupants out of the
car. The two men with warrants were arrested and placed in patrol cars.
Neither of the two remaining passengers possessed a driver's license.
Because there are no facts in the record to support a reasonable
suspicion on the part of the officer that the unlicensed drivers were
dangerous and could return to the car to obtain immediate access to a
weapon, the court deems the search unreasonable.
Judge Nugent dissents, concluding the totality of
circumstances justified both the officer's belief that a gun was in the
car and his protective sweep for the safety of the officers on the scene
as well as the public under the community caretaking doctrine.
4. Community Events:
April 11 Metuchen Library
Wills, Estate Planning & Probate Seminar
at 7:00pm Free community program
480 Middlesex Ave, Metuchen, NJ 08840
You do not have to be a Metuchen resident to attend but registration requested
(732) 632-8526
5. Nuts and Bolts of Elder Law for Attorneys and paralegals
Nuts & Bolts of Elder Law & Estate Administration Annual Seminar for Attorneys and paralegals April 18, 2016
April 18 5:00 PM- 9:00 PM NJ Law Center
Includes a 240 + page book, plus CD with sample forms, documents & checklists! and dinner
Speakers:
-KENNETH A. VERCAMMEN, ESQ. Co-Chair, ABA Estate Planning & Probate Committee, Past GP Solo Section Attorney of the Year
-WILLIAM P. ISELE, ESQ. Past NJ Ombudsman for the Elderly
-MARTIN A. SPIGNER, ESQ. Law Office of Martin A. Spigner, Cranbury
-ADAM DUBECK, Esq.
Tuition $137 - $180 General Tuition
Tuition,
reduced fee for NJSBA Elder & Disability Law Section and NJSBA
Young Lawyers Division, Free for Superior Court Judges, Seminar
#S15900W6
More
details contact New Jersey Institute for Continuing Legal Education.
The non-profit continuing education service of The New Jersey State Bar
Association, Constitution Square, New Brunswick, New Jersey,
08901-1520. Phone: 732-214-8500
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Editorial assistance provided by Gailen Davis. Ms. Davis is participating in Kenneth Vercammen's Spring Law Clerk
Internship Program and will be attending law school in the fall.
Editor's Note and Disclaimer:
All materials Copyright 2016. 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
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
