In this Issue:
1. Recent case Police Permitted to Inventory Search Car that was being Towed. State v Rodriquez 458 NJ Super. 391 (App. Div. 2019)
2. Defendant's Confession and the Drug Evidence must be Suppressed. State v. Shaw
3. Summer Blast Happy Hour July 12, 2019 at Bar A was a good time.
4. Charity Running & other Community Events.
5. Ken V will be turning 60 in August 2019
1. Recent case Police Permitted to Inventory Search Car that was being Towed. State v Rodriquez 458 NJ Super. 391 (App. Div. 2019)
In State v. Witt, 223 N.J. 409, 415 (2015), the Supreme Court revised the standards under New Jersey law governing police searches of motor vehicles that have been lawfully stopped at the roadside. The Court held such roadside searches may be conducted without a warrant if: (1) the police have probable cause to believe the vehicle contains evidence of criminal activity; and (2) the situation arose from unforeseeable and spontaneous circumstances. Id. at 446-48.
The appellate court declined to engraft upon Witt a limitation that would disallow such otherwise-permissible roadside searches in situations where the police have a basis to tow away and impound the vehicle. Consequently, the trial court's suppression order that was founded upon such a rationale is reversed. Moreover, there was no unreasonable delay in this case by the officers in making their decision to proceed with the search at the scene based on probable cause.
2. Defendant's Confession and the Drug Evidence must be Suppressed. State v. Shaw
In this case, the Court considers whether evidence found in a motel room and vehicle and defendant Nathan Shaw's statement to police should have been suppressed.
HELD: Defendant's confession and the drug evidence must be suppressed.
1. Under the third-party intervention doctrine, a person's reasonable expectation of privacy is not violated by the actions or search of a private actor. See State v. Wright, 221 N.J. 456, 459 (2015). Fourth Amendment protections apply only to governmental action, and a subsequent search by law enforcement -- so long as it does not exceed the scope of the private search -- may not require a warrant if it does not infringe any constitutionally protected privacy interest that had not already been frustrated as a result of the private conduct. The doctrine traditionally applied to searches of objects either physically conveyed or reported to the police. See id. at 459, 468-69. In Wright, the Court held that the doctrine could not be applied to searches of private dwellings -- including rented apartments -- under our State Constitution. Id. at 476. Although Wright discussed apartments, its reasoning applies with equal force to motel rooms. Where a motel owner or employee finds contraband in a guest's room, "the police can use that information to obtain a search warrant and then conduct a search." Id. at 478-79. "In the time it takes to get the warrant, police officers can secure the [motel room] from the outside, for a reasonable period of time, if reasonably necessary to avoid any tampering with or destruction of evidence." Id. at 478. Here, the motel search was unconstitutional and the illegal fruits of that search must be suppressed.
2. Police must have particularized suspicion in order to conduct an investigatory stop, and the duration of an investigative stop must be limited in time and scope to the purpose that justified the stop in the first place. If the officer's conduct is more intrusive than necessary, the investigative stop turns into a de facto arrest. Once it was determined that Shaw was unarmed and had no outstanding warrants, there was no particularized suspicion that Shaw was engaged in criminal activity that would justify Shaw's further detention. Under the circumstances here, isolating Shaw in the back of a patrol car despite a negative warrant check was a de facto and an unlawful arrest.
3. It was during that period of unlawful detention that Shaw stated there was marijuana in the bag. To decide whether to suppress a statement obtained after an unlawful arrest, courts consider three factors: the temporal proximity of the arrest and the confession, the presence of intervening circumstances, and, particularly, the purpose and flagrancy of the official misconduct. Here, Shaw's confession was a product of his unlawful de facto arrest and must be suppressed. Shaw's confession occurred during his unlawful detention, and the Court is not persuaded that the presence of the drug-detection canine purged the taint of the illegal arrest. Shaw was never informed of his right to remain silent and was held without individualized suspicion. Although his confession was not made in response to an interrogation, the Court is not convinced it was a product of his own free will.
4. The Court next addresses Shaw's standing to challenge the search of the tote bag. Whenever a defendant is charged with committing a possessory drug offense -- as in this case -- standing is automatic, unless the State can show that the property was abandoned or the accused was a trespasser. The tote bag was found in the back seat of a car that had four occupants. They were ordered out of the car. The State simply has not established that the bag was abandoned property. The trespasser exception has even less relevancy. The record is devoid of any evidence that Shaw put the drugs in the tote bag without Dickerson's knowledge. Shaw had automatic standing to challenge the search of the bag.
5. The Court thus considers whether the search fell within the consent-search exception to the warrant requirement. An individual's voluntary consent to search a constitutionally protected area eliminates the need for law enforcement to obtain a warrant. When Hanson consented to the search, she had already been arrested and handcuffed. The officers asked her multiple times for consent to search the vehicle. She relented only after an officer informed her of Shaw's unlawfully obtained confession. The warrantless search of the Tahoe was unconstitutional and the evidence seized through that search is therefore subject to suppression. Nor can the evidence come in through Shaw's confession.
6. The State failed to make the necessary showing under either inevitable discovery or the independent source exceptions to the exclusionary rule. Accordingly, the unconstitutionally obtained evidence remains suppressed. (A-33/34-16)
3. Summer Blast Happy Hour July 12, 2019 at Bar A was a good time.
We thank over 185 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.
Happy hour Facebook photos
We thank the co-sponsors sponsors for the Happy Hour the NJ State Bar Association Sections and Committees, Monmouth Bar Association, Monmouth Chamber of Commerce, Lakewood Chamber of Commerce, Retired Police & Fire Middlesex Monmouth Local 9, Edison Elks and nine 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. Please connect with Ken V on LinkedIn https://www.linkedin.com/in/kennethvercammen/
4. Charity Running & other Community Events.
8/10/19 Asbury Sheehan 5k Asbury Park, N.J. 8:30am Wakefern Shoprite co-sponsor jsrc.org
8/17/19 Bradley Beach 5k 8:30 Wakefern Shoprite co-sponsor eliteracingsystems.com park north of race, then Darcy tavern
8/ 18/19 Ray Licata Long Branch One Mile Ocean Swim 1 mile 8am
5. Ken V will be turning 60 in August 2019
August 7 Ken V 60th birthday:
Bike 60 miles to end of Island Beach State Park south of Seaside
Run 6 miles to end of Seaside boardwalk
Swim .6 miles
Stop at 6 restaurants with view of water starting at
Island Beach Motor Lodge Chef Mike's ABG Bar, Central Ave & 24th Ave Berkeley Township, NJ 08752 near entrance to Island Beach State park then Seaside Boardwalk
I have agreed to volunteer to speak at 60 community and Bar Association programs. Let me know if your organization needs a speaker on Wills, Estate Planning, Asset Protection.
I will be running 60 5k races and charity running events.
I will write 60 articles and newsletters for bar association and non-profit groups
In 2019 Ken Vercammen participated in the following running races to help raise money for community activities. The goal for 2019 is 60 races while turning 60.
Races through July
- Jan 6, 2019 Bob Tona mile
- Jan 20, 2019 Freehold Area Running Club 5k
- Jan 26, 2019 Las Vegas HHH desert trail run
- Feb 3, 2019 Gateway to Space 5K Shuttle Landing Facility Runway * Kennedy Space Center 23:43 2nd age group Benefit American Cancer society
- Feb 10, 2019 Ocean Running club 4 mile 30: 53 3rd age group
- Feb 17, 2019 Manasquan 2 mile
- Mar 2, 2019 Saturday Mt Holly St Patrick's Parade 5K run 11am Mount Holly, NJ 2nd age 23:49
- March 17, 2019 St. Paddy's 5 mile
- March 30, 2019 MUTT STRUT 5K 7:30 AM Indian Harbor Beach, Florida 2nd place age group
- April 6, 2019 Runapolooza Jersey Shore relay 2nd place corporate team
- April 13, 2019 Colonia 5k ran with Lexi dog
- April 20, 2019 Race the Sun 5K, Viera, FL
- April 27, 2019 Lake Como 5kBenefit Elks Camp Moore for Children with Special Needs
- April 28, 2019 Tour de Franklin,Franklin Food Bank 62-mile bike ride
- May 4, 2019 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
- May 5, 2019 Sayreville 5k 3rd age group
- May 11, 2019 Step Up for the Arc 5kOak Ridge Park in Clark 2nd age group
- May 19, 2019 NJ Sharing Network 5k Long Branch 8:30 Sunday
- May 19, 2019 President's Cup 5K, 4:00pm, Millburn,) USATF NJ OPEN MEN'S CHAMPIONSHIP Sunday PRESIDENT'S CUP 5k, Millburn Ken V
- May 25, 2019 Spring Lake Five Mile Run Saturday 8:30am then free food at Bar A.
- May 26, 2019 Navesink 1.2 mile swim 8:15 AM
- May 27, 2019 North Brunswick Memorial Day 5k 8:30am North Brunswick Community Park Route 130 South
- June 1, 2019 Avon 5k 6/1/19 Sat 8:30am Avon-By-the-Sea local First Aid squad jsrc.org
- June 1, 2019 RVRR Towpath Training run benefit Cancer Institute & post run picnic
- June 15, 2019 Pancreatic Cancer 5k Run for a Cure, 9am, Roosevelt Park, Edison 1st age group
- June 16, 2019 Fuce 5K 8:30 Metuchen HS Lexi ran 26:23 first dog
- July 4, 2019 JENNY'S KLOSET FIRECRACKER 5K Peckville, PA 18452 1st 50-59 22:56
- July 6, 2019 2 Mile Race Murphy's Pub, Swoyersville, PA
- July 9, 2019 Tuesday night Raritan Valley Road Runners RVRR 5k summer series Highland Park Donaldson Park
- July 10, 2019 Woodbridge Pizza run 4-mile
- July 13, 2019 Belmar Five Mile Run 5 mile
- July 20, 2019 NJ State Triathlon Sprint Mercer County Park
- July 21, 2019 Manasquan Ocean Mile Swim 8am https://www.raceforum.com/squanswim
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