In this Issue:
1. Strip search permitted for indictable
cases. State v Brown
2 OK for Rutgers University police officer to
stop and arrest a defendant for DWI. State v. Goines
3. NJ MVC was required here to have hearing to
suspend for Maryland DWI.
4. April Free community events
5. Charity Running Races
1. Strip search permitted for indictable
cases. State v Brown __ NJ Super. _ (App. Div. 2018)
The panel affirms the trial court's order denying
defendant's motion to suppress five bricks of heroin seized from
defendant's groin area pursuant to a strip search following defendant's
arrest for indictable drug offenses.
The panel addressed the strip search statute, N.J.S.A.
2A: 161A-1 to -10, which affords certain protections to persons who are
arrested or detained for non-indictable offenses, and whether the Attorney
General Guidelines for strip searches extend those protections to persons
arrested or detained for crimes.
The panel concludes that neither the legislative history
nor the plain terms of the statute authorized the Attorney General to
promulgate Guidelines to extend the statute's protections to persons
detained or arrested for crimes. The panel further concludes that the strip
search was justified here by probable cause and reasonable exigent
circumstances, thereby satisfying the Fourth Amendment of the United States
Constitution, and Article I, Paragraph 7 of the New Jersey Constitution.
(17-06-1207)
2 OK for Rutgers University police officer to stop and
arrest a defendant for DWI State v. Goines N.J. Super. Law Div.
Docket NO. MA-37-2016
The state appealed the ruling of a municipal court judge
that determined a Rutgers University Police Officer lacked jurisdiction to
stop and arrest defendant for DUI. The officer allegedly observed defendant
illegally cross a double-yellow line, after which she activated her lights
and pulled over defendant in the city of New Brunswick. Defendant was
transported to the police station for an Alcotest, which revealed a BAC of
0.14%. Before the municipal court, defendant moved to dismiss the DUI
summons for lack of jurisdiction. Defendant cited a memorandum of
understanding between Rutgers and New Brunswick that permitted Rutgers
police officers to enforce motor vehicle laws on certain streets; because
defendant's arrest did not occur on one of those streets, the municipal
court judge granted defendant's motion. On appeal, the court reversed the
ruling of the municipal court. The court noted that, in isolation, Title
18A appeared to preclude university police officers from enforcing traffic
laws off-campus except at the request of municipal authorities. However,
the court found that the Motor Vehicle Code also permitted "any law
enforcement officer" to arrest someone for DUI. The court noted that
this provision had been interpreted to permit municipal police officers to
arrest drivers for DUI outside of those officers' territorial jurisdiction.
The court interpreted the legislature's use of the term "any law
enforcement officer" to mean that the legislature intended to expand
the number of officials with authority to arrest drunk drivers. The court
therefore held that it was consistent with the statute to give university
police jurisdiction to enforce DUI laws. The court read this statute with
Title 18A as preventing university police officers from being overtaxed,
while not preventing those officers from stopping crimes occurring right
before their eyes.
Source: https://www.law.com/njlawjournal/almID/1541469624NJMA372016/
3. NJ MVC was required here to have hearing to suspend
for Maryland DWI Held v. New Jersey Motor Vehicle Comm'n, N.J. Super.
App. Div. Unreported
Plaintiff appealed
defendant commission's final decision suspending plaintiff driver's license
for 10 years, after plaintiff had pled guilty to DUI in Maryland. At the
time of his Maryland conviction, plaintiff had three previous DUI
convictions in New Jersey. Plaintiff opposed the suspension of his license,
arguing that the length was excessive and challenging the equivalency of
his Maryland conviction under New Jersey law. However, without holding an
evidentiary hearing the MVC concluded that the Maryland statue for which
plaintiff was convicted was substantially similar to the New Jersey statute
for purposes of license suspension pursuant to the Interstate Driver
License Compact. On appeal, plaintiff argued that his Maryland conviction
was not substantially similar to a conviction under New Jersey law because
the Maryland statute allowed for conviction with a lower level of
impairment than required for conviction in New Jersey.
The court agreed with plaintiff
that he was entitled to an evidentiary hearing to establish the equivalency
of his Maryland conviction. The court noted that while New Jersey permitted
DUI conviction per se, based on a blood test, or by officer observation,
Maryland permitted conviction "while under the influence of alcohol",
"under the influence of alcohol per se", and "while impaired
by alcohol". The court further noted that Maryland defined
"impaired by alcohol" as a state less than intoxication where
alcohol nonetheless affected one's coordination. Accordingly, the court
concluded that further hearing was necessary to determine whether the
"while impaired by alcohol" provision of the Maryland DUI statute
was substantially similar to the observational provision of the New Jersey
DUI statute.
4. April Free community events:
April 15th Clara Barton Branch Library at 6:30 PM
Monday Free
141 Hoover Avenue Edison, NJ 08837
April 20 Happy 420 day.
May 2 ABA Estate Planning, Probate and Trust and Elder
Law Joint Committee Meeting 10:00 am - 11:00 am at the Marriott
Marquis, NYC at the 2019 ABA Section of Litigation & GPSolo CLE
Conference in New York, NYC Thursday 1535 Broadway, New York, NY 10036
Round table discussion Free to all attendees.
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
1.
Website specific http://www.njwillsprobatelaw.com
2.
Blog https://njprobate.blogspot.com
3.
Facebook Law Office
4.
LinkedIn- post articles, events
5.
YouTube
6.
Yelp for Business Owners
7.
Avvo Legal rating
8.
JD Supra
9.
Justia Lawyer Directory:
Plus
May 2, 2019 7:00 AM - 7:40 AM Thursday Jog
with Ken Vercammen & See Hudson River and Aircraft
Carrier Intrepid
10am GPSolo Estate Planning, Probate and Trust and Elder
Law Joint Committee Meeting
5. Charity Running Races
Sat April 13, 2019 Colonia 5k Start St. John Vianney
Church
Wakefern /Shoprite co sponsor
4/27/19 Lake
Como
5k Sat
10am Start Bar A Benefit BPOE Elks Camp Moore for
Children with Special Needs & Lake Como Giving
Tree
5/4/19 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) Central Jersey Bike Club Middletown http://www.cjbc.org
5/5/19 Highland Park 5k Run in the
Park 9am Sunday RVRR is volunteer group.
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Editorial Assistance provided by Anthony Rizzo.
Mr. Rizzo is currently a senior at Rutgers University and is
participating in Kenneth Vercammen's Spring Internship Program.
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