E602
1 Recent cases- Blood and urine samples could be taken before issuance of the search warrant as part of defendant's medical care
2. Stop reasonable where person ran from police even though description different
3. Will Seminars Oct 19 Metuchen Library & others
4. Other community events Edison Elks
5. October Running events
1 Recent cases Blood and urine samples could be taken before issuance of the search warrant as part of defendant's medical care
State v. Uppal Appellate Division
Defendant appealed from his judgment of conviction for vehicular homicide. Defendant's vehicle caused a chain reaction of rear-end collisions, causing one vehicle to burst into flames and kill the occupants of that vehicle. Defendant's vehicle flipped over; an off-duty EMT at the scene found defendant lying on the ground near his vehicle and began administering aid, noting the smell of alcohol on defendant's breath and the slow reaction of his pupils. Defendant admitted to the EMT that he had consumed alcohol; however, defendant later denied consuming alcohol to the investigating trooper. At the hospital, the treating physician ordered samples of defendant's blood drawn pursuant to normal procedures; state police later arrived and directed hospital personnel to retain the blood samples for law enforcement.
Police subsequently obtained a telephonic warrant to collect blood samples, and hospital personnel drew a sample of defendant's blood. The trial court also ordered the release of defendant's toxicology report and medical records related to the analysis of samples taken from defendant for medical treatment purposes. The records disclosed the presence of opiates in defendant's system and a BAC of at least .08. The trial court denied defendant's subsequent motion to suppress the initial blood and urine samples taken prior to the search warrant, finding no evidence that hospital staff drew the samples at the request of law enforcement.
On appeal, defendant challenged the denial of his motion to suppress the results of a toxicology test from samples taken from defendant by hospital personnel during the course of defendant's treatment following the accident. The court rejected defendant's challenge and affirmed his conviction, agreeing with the trial court that the blood and urine samples taken before issuance of the search warrant were drawn as part of defendant's medical care for injuries he suffered in the crash, as medical personnel suspected possible internal injuries. Unreported Source Daily Briefing 8/28/2020 Daily Briefing, an exclusive New Jersey State Bar Association member benefit, in partnership with the New Jersey Law Journal. Join the NJSBA for this benefit!
2. Stop reasonable where person ran from police even though description different
State v. ButlerAppellate Division
Defendant appealed his drug possession conviction, arguing he was unlawfully seized and the drugs in his possession should have been suppressed. Police responded to a report of an attempted burglary. The suspect was described as a tall black male. When police arrived, they found defendant, a short black male across the street from the house where the report was made. Before the police could exit their vehicle, defendant ran from the officers. As he ran, he discarded packages, which turned out to be drugs. Additional drugs were found on defendant's person. Although the police determined defendant was not the attempted burglar, he was arrested and charged with various drug-related crimes and with resisting arrest. Defendant sought to suppress evidence of the drugs, arguing the search was not reasonable, as he did not match the description. The judge denied the motion, finding the officers had a reasonable suspicion, in part due to defendant's conduct. Defendant then pled guilty and was sentenced to a five-year term. On appeal, the court affirmed the conviction. The court found the stop was reasonable based upon the totality of the circumstances. Although defendant's description was not a perfect match of the reported suspect, there were similarities in the description aside from height. Also, his location on an otherwise empty street and his behavior when the police arrived made the seizure reasonable. Unreported Source 9/17/2020 Daily Briefing
3. Wills seminars Oct 19 Metuchen Library Will & Estates via Zoom
Metuchen seminar
Please email metuchenpubliclibrary@lmxac.org to register.
Programs are also posted at Will
https://www.facebook.com/events/624220935174148/
Oct 20 Sayreville Library Will & Estates via Zoom
6:00PM Thursday
To register:
http://engagedpatrons.org/EventsExtended.cfm?SiteID=1717&EventID=416917&PK=
More details:
https://www.facebook.com/events/950851175326327
4. Other community events Edison Elks
Edison Elks Saturday October 10th-Southern Rock All-stars 2pm
Edison Elks #2487
375 Old Post Road
Edison NJ 08817-4653
(732) 985-2487
https://www.facebook.com/bpoelodge2487Edison/
Wednesday 14th Chili Nite at the Lodge with fixins, too Edison Elks
Saturday, 17th Oktoberfest 2pm Edison Elks
Oct 22 Edison Elks Thirsty Thursday with free outdoor band. Open to the public. You pay your food and beverage & Eagles v Giants
*Wednesday 28th Soup pick up. This month is Beef veggie &/or Butternut squash! Edison Elks
October 26, 2020 Handling Drug, DWI and Serious Cases in Municipal Court Seminar 3-6:35
Virtual seminar via Zoom, A NJ State Bar Association event
Speakers: Kenneth A. Vercammen, Esq., Past Municipal Court Attorney of the Year
Norma Murgado, Esq. Chief Prosecutor (Woodbridge)
Chief Prosecutor (Elizabeth)
Lorraine Nielsen, Esq. Municipal Court Prosecutor, Milltown, North Brunswick & others
John Menzel, Esq. Past Chair, NJSBA Municipal Court Practice Section
-Recent Cases and AOC Directives
-New Expungement Law
-New DWI penalties
-Status of new Dwi law applying to older dwi charges
-Status of DRE
This informative seminar on Municipal Court practice and procedure will update Attorneys and Judges with recent new developments affecting cases that are heard in Municipal Court. An authoritative panel of experienced attorneys will be joined by well-respected Municipal Prosecutors to explore a wide variety of matters that attorneys and law enforcement are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively handle cases.
NEW JERSEY INSTITUTE FOR CONTINUING LEGAL EDUCATION NJICLE, A Division of the NJSBA NJ State Bar For lawyers $150- $190 tuition depending on NJSBA membership ½ price for Judges
https://tcms.njsba.com/PersonifyEbusiness/Default.aspx?TabID=1699&productId=57770239
11/11 Veterans Day events- Wear your Flag clothes
5. Next Running charity events
Oct 25 Sea Turtle 5k New date & location
9am THOMPSON PARK in Lincroft. [Middletown]
https://runsignup.com/Race/NJ/WestOrange/SeaTurtleRace
11/15 Tom O'Reilly 'Inaugural' Turkey Trot 5k, Presented by Raritan Valley Road 9am
https://runsignup.com/Race/NJ/Somerset/TomOReillyTurkeyTrot5K
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KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
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