E537March 20, 2018 Index 1. Even if the request to search were not lawful, defendant's flight attenuated the seizure from the alleged improper police conduct. 2. Strip search after marijuana arrest not permitted. 3. Community Events
NJ LAWS EMAIL NEWSLETTER E537
Kenneth Vercammen, Attorney at Law
March 20, 2018
1. Even if the request to search were not lawful, defendant's flight attenuated the seizure from the alleged improper police conduct.
2. Strip search after marijuana arrest not permitted.
3. Community Events
Recent Cases: Even if the request to search were not lawful, defendant's flight attenuated the seizure from the alleged improper police conduct. State v. Lopez N.J. Super. App. Div. unreported
Defendant appealed the denial of his motion to suppress evidence and his sentences. Police made a motor vehicle stop of defendant's vehicle, observed that defendant was nervous, saw a large amount of cash in the center console, suspected drug activity and requested consent to search the car. Defendant initially agreed, then drove away throwing a black object out of the car. Defendant eventually stopped and was arrested. The police found a plastic bag-containing heroin near where defendant threw the object from the car. At the hearing on the motion to suppress, the trial judge found the stop was lawful because of the inoperable brake light and defendant's change of lanes without signaling. The court found that sufficient credible evidence supported the stop and the request to search.
Even if the request to search were not lawful, defendant's flight attenuated the seizure from the alleged improper police conduct. Source NJLJ (14-2-3291) unreported.
2. Strip search after marijuana arrest not permitted. State v. Jules, N.J. Super. App. Div. unreported.
Appellant appealed from his conviction for third-degree possession of alprazolam (Xanax). Appellant's appeal focused solely on the denial of his motion to suppress evidence obtained from a strip search, which police conducted at their headquarters after his arrest. In denying appellant's motion, the judge found the officer had reasonable articulable suspicion justifying the initial stop, probable cause for the arrest and that the strip search was lawful under the search incident to arrest exception to the warrant requirement. Appellant did not dispute the initial stop or the arrest; appellant argued that the police acted unlawfully by subjecting him to a strip search without first obtaining a warrant.
On appeal, the court-reversed denial holding the officer's suspicion that the item in appellant's groin area was a prescription pill bottle did not establish probable cause that appellant committed the named offense. The court found there was no "objectively reasonable" basis to arrest appellant for possession of prescription pills, only that there was probable cause to arrest him for marijuana possession. Therefore, the police could not use the search incident to arrest exception to circumvent the protections that arose from appellant's arrest. Furthermore, exigency could not support the search once the police handcuffed and secured appellant. Finally, the court found the "plain feel" exception inapplicable because the object believed to be a prescription pill bottle did not make it "immediately apparent" that the bottle contained contraband. Accordingly, the court reversed denial of suppression and remanded for dismissal of the judgment of conviction. Source NJLJ Daily briefing
3. Community Event
Edison Elks presents - An Evening of Southern Rock & Blues
April 14 at 6 PM - 10 PM Saturday,
Edison Elks #2487 - Edison, NJ 375 Old Post Road, Edison, New Jersey 08817 Come enjoy Southern Rock & Blues music while eating some good ol' Southern BBQ. All proceeds help fund the Elks Wildwood Convention and Parade. $25.00 Short ribs and chicken Open to the public
April 16, 2018 Please share with your patrons
Wills, Estate Planning & Probate Seminar
at 7:00pm Free community program
480 Middlesex Ave. Metuchen, NJ 08840
Open to the public. You do not need to be a resident to attend
WILLS & ESTATE ADMINISTRATION-PROTECT YOUR
FAMILY AND MAKE PLANNING EASY
SPEAKER: Kenneth Vercammen, Esq. Edison, NJ (Author- Wills and Estate Administration by the ABA)
The January 1, 2018 New Estate Tax law changes administration of estates and trusts in New Jersey.
1. NJ Estate Tax eliminated on Estates under $5,500,000 as of January 1, 2018 & Veterans Tax credit
2. 2018 changes in Federal Estate and Gift Tax
3. The new Digital Fiduciary Act & New law permits Executor to resign if all parties consent
4. Power of Attorneys
5. Living Will
6. Administering the Estate/ Probate/Surrogate
Upcoming Running Races & Charity events selected by Kenneth Vercammen
March 24, 2018 Jersey Shore Kilt Run/Walk (Lake Como) 11AM
April 15th at 8:00am - Lincoln Tunnel 5k in Weehawken Sunday Wakefern If you are attending any of these charity races, please call or email Ken V. at Kenv@njaws.com Often we car pool from East Brunswick /Edison or meet at these events. I update this list athttp://vercammensport.blogspot.com/
April 21, 2018 Runapoloza Jersey Shore relay & The Asbury Park Half Marathon Wakefern Shoprite Corporate Team Past Champion www.jsrc.org.
April 28, 2018 JSRC Lake Como 5k Romp 10am
Benefit BPOE Elks Camp Moore for Children with Special Needs & Lake Como Giving Tree
April 29, 2018 29th Annual Tour de Franklin,Franklin Food Bank 62 mile & 40-mile bike 62 Mile Metric Century or 40 Mile now Starts at Franklin High School. http://www.franklinfoodbank.org/events
April 29, 2018 Captain Ronald Zinn Memorial Races 10k Racewalk 9am, 5krun 11am Wall Municipal Building
May 5, 2018 Farmlands bike This family-friendly event has marked routes in a variety of distances, from a leisurely 15,25,35 mile jaunt to the ambitious 50 mile, metric (62.5 miles) and century (100 miles)