1. Have a Power of Attorney prepared for your college children and children traveling out of state
There are many good reasons to consider getting a Power of Attorney and Medical Directive for your adult "child". A prominent Monmouth County Law office wrote while you made certain decision for your child before he or she turned 18, you have no authority to take action now. In the event your child becomes ill or has a serious accident while they are away, you do not have legal right to withhold Power of Attorney, it is important to have a plan in place to deal with their health, financial, educational and legal needs.
Durable Power of Attorney to handle finances will enable you to take care of tasks for your child. This includes: registering their car; communicating with their college about issues which fall under HIPAA, like grades and disciplinary actions; completing financial transactions at their bank, their college, etc. If your child runs in to an issue with their passport while they are overseas, you can be assured that you have the authority to help.
Living Will or Health Care Directive is important in the event of an accident or illness. You will be able to talk to medical staff and make decisions on your child's behalf, if necessary.
While you may never need to use these documents, it is better to be safe than sorry!
2. Recent cases
Driver's failure to provide registration here permitted limited search. State v. Terry 232 N.J. 218 (2018).
Sufficient credible evidence supported the trial court's determination that defendant was given an adequate opportunity to present the vehicle's registration before the search commenced. When a driver is unwilling or unable to present proof of a vehicle's ownership, a police officer may conduct a limited search for the registration papers in the areas where they are likely kept in the vehicle. When a police officer can readily determine that the driver or passenger is the lawful possessor of the vehicle-despite an inability to produce the registration-a warrantless search for proof of ownership will not be justified.
3. Search under a tarp under house curtilage not permitted. Collins v. Virginia, 138 S. Ct. 1663 (2018).
During the investigation of two traffic incidents involving an orange and black motorcycle with an extended frame, Officer Rhodes learned that the motorcycle likely was stolen and in the possession of petitioner Ryan Collins. Officer Rhodes discovered photographs on Collins' Facebook profile of an orange and black motorcycle parked in the driveway of a house, drove to the house, and parked on the street. From there, he could see what appeared to be the motorcycle under a white tarp parked in the same location as the motorcycle in the photograph.
Without a search warrant, Office Rhodes walked to the top of the driveway, removed a tarp, confirmed that a motorcycle was stolen by running the license plate and vehicle identification numbers.
Held: The automobile exception does not permit the warrantless entry of a home or its curtilage in order to search a vehicle therein.
(a) This case arises at the intersection of two components of the Court's Fourth Amendment jurisprudence: the automobile exception to the warrant requirement and the protection extended to the curtilage of a home. In announcing each of the automobile exception's justifications--i.e., the "ready mobility of the automobile" and "the pervasive regulation of vehicles capable of traveling on the public highways,"
California v. Carney,
471 U. S. 386, 390, 392--the Court emphasized that the rationales applied only to automobiles and not to houses, and therefore supported their different treatment as a constitutional matter. When these justifications are present, officers may search an automobile without a warrant so long as they have probable cause. Curtilage--"the area 'immediately surrounding and associated with the home' "--is considered " 'part of the home itself for Fourth Amendment purposes.' "
Florida v. Jardines,
569 U. S. 1, 6.
Thus, when an officer physically intrudes on the curtilage to gather evidence, a Fourth Amendment search has occurred and is presumptively unreasonable absent a warrant.
(b) As an initial matter, the part of the driveway where Collins' motorcycle was parked and subsequently searched is curtilage. When Officer Rhodes searched the motorcycle, it was parked inside a partially enclosed top portion of the driveway that abuts the house. Just like the front porch, side garden, or area "outside the front window," that enclosure constitutes "an area adjacent to the home and 'to which the activity of home life extends.' "
Jardines,
569 U. S., at 6, 7.
Because the scope of the automobile exception extends no further than the automobile itself, it did not justify Officer Rhodes' invasion of the curtilage. Nothing in this Court's case law suggests that the automobile exception gives an officer the right to enter a home or its curtilage to access a vehicle without a warrant. Such an expansion would both undervalue the core Fourth Amendment protection afforded to the home and its curtilage and " 'untether' " the exception " 'from the justifications underlying' " it. Riley v. California, 573 U. S. ___, ___.
This Court has similarly declined to expand the scope of other exceptions to the warrant requirement. Thus, just as an officer must have a lawful right of access to any contraband he discovers in plain view in order to seize it without a warrant--see
Horton v. California,
496 U. S. 128, 136-137--and just as an officer must have a lawful right of access in order to arrest a person in his home--see
Payton v. New York,
445 U. S. 573, 587-590--so, too, an officer must have a lawful right of access to a vehicle in order to search it pursuant to the automobile exception.
To allow otherwise would unmoor the exception from its justifications, render hollow the core Fourth Amendment protection the Constitution extends to the house and its curtilage, and transform what was meant to be an exception into a tool with far broader application.
4. Fun Upcoming Running Races & Charity Events selected by Kenneth Vercammen
July 29, 2018 JFK Medical Center Miles for Minds 5K Roosevelt Park 9am Edison, NJ Wakefern Shoprite co-sponsor Sunday
compuscore.com
August 1, 2018 RVRR Summer Pub Crawl
August 11, 2018 Asbury Sheehan 5k Asbury Park, N.J. 8:30amWakefern Shoprite co-sponsor
jsrc.org
August 19, 2018 Ray Licata Long Branch One Mile Ocean Swim 1 mile 8am
August 25, 2018 Belmar SOL 5k
August, 28 2018 JSRC meeting & BBQ Deal firehouse 6:15 [swim in Ocean at 5pm sharp prior to BBQ]
5. ABA Estate Planning and Elder Law Joint Committee Meeting has been scheduled for Friday August 3, at 4:00 pm - 5:00 pm round table discussion Free to attendees
at the ABA Annual Meeting Chicago
Swissotel Chicago
Room Montreux II
2nd Floor, Event Centre
323 E Upper Wacker Dr.
Chicago, IL 60601
Ideas to be discussed:
- BUILDING THE MILLION DOLLAR ESTATE PLANNING PRACTICE
A Lawyer's Guide to Creating a Winning Estate Planning Practice
Ethically Building Your Practice using free and low-cost online methods
6. Remove & Expungement of NJ Criminal Arrests and Convictions- Free Seminar, September 19 from 5:00pm-5:45
Location: Law Office of Kenneth Vercammen, 2053 Woodbridge Ave, Edison, NJ 08817
New Expungement Law takes effect October 1, 2018
COST: Free if you pre-register.Complimentary materials provided. This program is limited to 15 people. Please bring a canned food donation, which will be given to the St. Matthews Food Bank. Please email us if you plan on attending or if you would like us to email the materials. Attorneys- If space exists you can attend if you want to learn more about expungements.
SPEAKER: Kenneth Vercammen, Esq.
(Author- Criminal Law Forms by the American Bar Association)
The NJ statute on expungement was revised to be effective October 1, 2018 If someone has been arrested or even had a private criminal complaint signed against them in the Municipal Court, they have a criminal record, even if the charges were dismissed or received a Conditional Discharge Under NJ Law past criminal arrests and convictions can be expunged/ erased under certain instances. This program will discuss the expungement process. I served as a Municipal Prosecutor and was amazed how minor criminal guilty pleas and even dismissed charges can affect someone's ability to get a job or advance a career. Do you have children or someone you know or work with that needs an expungement?
Can't attend? We can email you materials
More info: The Petition for expungement is filed in the Superior Court. It takes a minimum of three months for the court to grant the expungement. The requirements are very formal. There can be a waiting period between 6 months up to 10 years after the criminal case is finished. For someone who had a drug charge, they can hire an attorney apply for Expungement 6 months after the Conditional Discharge is complete. The statute requires detailed notices served by the attorney on the State Police, Attorney General and numerous other government entities.
Typical Court costs and Legal fees for expungement range from $1,500-$2,500.
7. Summer Blast Happy Hour July 13, 2018 at Bar A was a good time.
We thank over 100 professionals, attorneys and friends who attended the Summer Blast Happy Hour & Networking Social at Bar Anticipation. My family and I had a great time catching up with old friends and meeting new ones.
We appreciate the many attendees donated canned goods donated which were donated to St. Matthews Edison Food Pantry.
Photos on Facebook pages below.
Happy hour Facebook photos
and
We thank the co-sponsors sponsors for the Happy Hour the NJ State Bar Association Sections and Committees, Retired Police & Fire Middlesex Monmouth Local 9, Lakewood Chamber of Commerce, Central Jersey Professional Networking Group, Edison Elks, Legends of Belmar Volleyball Club, and several other organizations.
Special thanks to my friends who helped hang up the banners and our volunteers who checked in the guests and gave out wristbands.
Ken Vercammen, Esq. has been having social events and participating in Bar Anticipation activities for 25 years. We appreciate the generosity of manager Johnny Bee & co-owners Reggie Hyde, Pat Mastroli, and Tom Jannarone, Esq.
We look forward to seeing you and all your friends at our future events. We will include you in our notices of upcoming fun and charity events.
If your group, non-profit or organization wishes to co-sponsor the 2019 Happy Hour, please contact Ken Vercammen, Edison, NJ
VercammenLaw@njlaws.com
