2053 Woodbridge Avenue - Edison, NJ 08817

Kenneth Vercammen is a trial attorney in Edison, NJ. He is a speaker at the annual Nuts & Bolts of Estate Administration & Elder Law program, American Bar Association General Practice Division. New clients email us evenings and weekends go to www.njlaws.com/ContactKenV.htm

He is a New Jersey trial attorney has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appears in Courts throughout New Jersey each week litigation and contested Probate hearings.

Mr. Vercammen has published over 150 legal articles in national and New Jersey publications on criminal, elder law, probate and litigation topics. He is a highly regarded lecturer on litigation and probate law for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer.

Wednesday, April 13, 2016

E490: 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

In this issue:
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