E545
In This Issue:
1. New Cases: Later obtained search warrant does not correct prior illegal warrantless search. State v. Atwood 232 N.J. 433(2018).
2. Evidence suppressed where no valid inventory search. State v. Hummel 232 N.J. 196 (2018).
3. Annual Happy Hour & Networking Social
4. Charity races
5. Welcome Summer 2018 Law Clerks
Recent cases:
1. Later obtained search warrant does not correct prior illegal warrantless search. State v. Atwood 232 N.J. 433(2018).
Search warrants are prospective in nature-they authorize the taking of action. A later-obtained search warrant does not retroactively validate preceding warrantless conduct that is challenged through a suppression motion focused on the legitimacy of the seizure that gave rise to a later search. The State must bear the burden of proving the legitimacy of the seizure that led to a later warrant and search-in this case the stop.
2. Evidence suppressed where no valid inventory search. State v. Hummel 232 N.J. 196 (2018).
The Court finds no valid inventory search and therefore affirms the Appellate Division's determination that the evidence seized during the search should be suppressed.
An inventory search must be reasonable under the circumstances to pass constitutional muster. In Mangold, the Court explained that the propriety of an inventory search involves a two-step inquiry: (1) whether the impoundment of the property is justified; and (2) whether the inventory procedure was legal. Id. at 583. For there to be a lawful inventory search, there must be a lawful impoundment. Courts need only analyze the reasonableness of the inventory search if the impoundment is justified. Several factors are relevant to the reasonableness inquiry. They include "the scope of the search, the procedure used, and the availability of less intrusive alternatives." Id. at 584.
Under the first Mangold inquiry, the detectives' impoundment of defendant's purse was not justified. The detectives had not arrested defendant before seeking to impound her purse. Defendant kept her purse open and within her reach for the entire interrogation. She rummaged through her bag several times in front of the detectives. The detectives did not frisk defendant at any point during her detention. They sought to remove her bag from the interrogation room only after she asked for an attorney. Crucially, they asked defendant if she would rather examine the contents of her purse herself. It is clear that had valid safety concerns existed at the time they sought to impound her bag, the officers would not have given defendant the option to search her own purse.
Even if the initial impoundment was justified under the first Mangold inquiry, the search would fail under the balancing test required by the second. The detectives initiated the search to find the $500 defendant claimed her purse contained. The scope of the search should have been limited to that $500. The State concedes that the departmental policy for inventory searches is unknown. There is no way then to determine whether the detectives' search was executed according to any purported policy or practice. Finally, the detectives had reasonable, less intrusive alternatives available to protect them against false theft claims that would have simultaneously respected defendant's constitutionally protected privacy rights. The inventory search exception to the Fourth Amendment warrant requirement does not apply, and the detectives' search was unconstitutional.
3. Reminder Annual Happy Hour & Networking Social
July 13, 2018
Professionals, Attorneys, Friends, Runners, Law Enforcement invited to Happy Hour & Networking Social
July 13, 2018 Friday at Bar Anticipation
703 16th Ave. Lake Como/ Belmar, NJ 07719
We anticipate being outside under the big tent at the Boardwalk Bar.
Schedule
5pm doors open
5:30-7:45 Food inside Hot & Cold Food
6-7 The reduced price Happy Hour is 6-7PM is $2.00 House Drinks, House Wine Bud/BudLt draft
5:30-7:30 D'Jay inside with games and prizes
6-8:30 Music outside near Boardwalk Bar
Bar Anticipation
703 16th Ave. Lake Como/ Belmar, NJ 07719
Look for banners of NJ State Bar Association, Kenneth Vercammen Law and American Flag. Rain or Shine
Wear a Hawaiian Shirt or other summer wear or yellow "My Attorney Fights" shirt. No suits or ties.
Happy Hour Party Volunteers needed
We need a couple of volunteers for a short period of time
- 1 Volunteer: Help hang up signs and banner 5:20 PM
- 1 Volunteer: Help check names off and give out VIP wristbands 5:30-6:30 PM & 6:00-7:00 PM
- 1 Volunteer: Help give out free stuff to our guests, but stop outsiders from stealing bags and stuff
- 1 Volunteer: Help lug canned food donations for Community Food Bank to car at end of party
- Photographer - Take Photos
Please bring a canned food donation for the St. Matthews' St. Vincent de Paul Food Bank, continuing to provide food and help to individuals in need.
Outdoor & indoor music, prize giveaways. Bring your friends. Pass this along. And.. please at least tip the bartender when getting drinks.
Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands. VercammenLaw@Njlaws.com
4 blocks from Belmar Train Station and 6 blocks from the ocean.
4. Charity races
July 14, 2018 Belmar Five Mile Run 5 mile, 8:30am belmar5.com
July 15, 2018 5k Run/walk VFW Post #133 East Brunswick, NJ 9:00 AM free burgers, beer food Sunday new start EB Community Arts Center 721 Cranbury Rd. in East Brunswick
July 21, 2018 NJ State Triathlon Sprint Mercer County Park
July 22, 2018 JSRC Picnic at Monmouth Park Racetrack Sunday [not a race]
July 29, 2018 JFK Medical Center Miles for Minds 5K Roosevelt Park 9am Edison, NJ Wakefern Shoprite co-sponsor Sunday compuscore.com
5. Welcome Summer 2018 Law Clerks
The Summer 2018 Law Clerks are:
Front Row: Katy Lekh [University of Maryland Law], Gianna Sanguinetti [Villanova University], Caitlin Gugliotta [Dickinson College],
Back Row: Richard Krupczak [Georgetown University Law], Anthony Raccuia [University of New Haven], Sean Kargman [Boston University], Joe Cifelli [Penn State University], Sean Giblin Jr. [Rutgers Law].
