2053 Woodbridge Avenue - Edison, NJ 08817

Tuesday, August 01, 2023

E653 VercammenLaw News

1. Famous persons who died without a will

2 A Unique Gift Idea! ................................

Gift Certificates for Wills & Legal Services

3 Improper Warrantless Vehicle Search after Canine Alert Where Sniff Conducted Due to Suspicions of Drug Activity

4 Statement to police inadmissible after requesting counsel. 

  5. December Events

  1. Famous persons who died without a will

1.   Abraham Lincoln: one of the most famous lawyers of our time and the sixteenth president of the United States.

2.   Martin Luther King, Jr.: civil rights leader and activist.

3.   Jimi Hendrix: one of the greatest guitar players of all time.

4.   Pablo Picasso: famous artist.

5.   Howard Hughes: entrepreneur and billionaire

6.   Bob Marley: Jamaican singer/songwriter.

7.   Kurt Cobain: singer/songwriter and frontman for Nirvana.

8.   Tupac Shakur: rap artist and actor.

9.   Salvatore Phillip "Sonny" Bono: entertainer turned U.S. Congressman.

10.                 Barry White: soulful entertainer.

11.                  Michael Jackson: the King of Pop. (Quick disclaimer: Jackson's mother initially filed paperwork - much like Prince's sister - alleging that there was no will. A will was eventually discovered.)

12.                 James Brown: singer known as the Godfather of Soul. (Quick disclaimer: Brown did sign a will but it is subject to litigation.)

13.                 Steve McNair: former NFL quarterback and Pro Bowler.

14.                 Nate Dogg: rapper and actor.

15.                 Amy Winehouse: British singer/songwriter.

16.                 Prince: multi-talented artist.

17.            Aretha Franklin

18.                 Stieg Larsson: famous author.

Sometimes we can understand that young celebrities, artists athletes don’t have a Will. But it is stupid for persons over 50 who has assets not to have a Will.


 2 A Unique Gift Idea! ................................

Gift Certificates for Wills & Legal Services

 We often buy gifts for our family and friends. May we suggest a gift that truly shows how much you care. Purchase a Will Gift Certificate for loved ones. A Will can secure their interests and make sure proper planning is done. 

   The Law Office of Kenneth Vercammen's special includes:

- A Will and consultation on Estate Planning & Probate

-Power of Attorney

- Brochures on Wills, Probate, Insurance 

- A 3-year subscription to the NJ Laws Email Newsletter

All for only $450.00! -

   Call 732-572-0500 for information regarding the Gift Certificate.  

 

Other Legal Services available:

-Probate

-Living Will

-Traffic Tickets/ Criminal

   Recent cases

3 Improper Warrantless Vehicle Search after Canine Alert Where Sniff Conducted Due to Suspicions of Drug Activity State v Smart

In this criminal prosecution, the court granted the State's motion for leave to appeal from an order suppressing evidence seized from a motor vehicle without a warrant. Police conducted an investigatory stop after surveilling the car for more than an hour and developing information that the front seat passenger, defendant Kyle A. Smart, was engaged in drug activity. At the roadside stop, no evidence of drug activity was observed in plain view; the occupants of the car neither made incriminating statements nor furtive movements; and the driver denied consent to search. Police then requested a K-9 unit. The dog alerted to the presence of narcotics, leading to a warrantless search of the car and seizure of a loaded handgun and drugs from the cabin.

    Finding police had reasonable and articulable suspicion to pull over the vehicle, the motion judge upheld the stop and further determined probable cause arose when the canine sniff revealed the presence of narcotics in the car. However, the judge found the circumstances giving rise to probable cause were not "unforeseeable and spontaneous," justifying a warrantless search under the automobile exception to the warrant requirement pursuant to State v. Witt, 223 N.J. 409, 450 (2015). Accordingly, the judge suppressed the evidence seized.

   Although the court agrees with the State that police could not have secured a warrant before the car was stopped and, in that sense, they did not "sit" on probable cause, under the circumstances proscribed by Witt, the court disagrees with the State's contention that probable cause was unforeseeable and spontaneous within the meaning of Witt. Because probable cause did not arise until the canine alerted for the presence of narcotics, the court concludes those circumstances were not unforeseeable and spontaneous and, as such, the automobile exception to the warrant requirement did not apply to this warrantless search. The court thus affirms the motion judge's order for slightly different reasons. (A-2334-21)

4 Statement to police inadmissible after requesting counsel. State v. Clark 

    Once defendant invoked his right to counsel, the interrogation should have stopped. Not only did the interrogation continue, but during the questioning, the detective strongly suggested that defendant would give them the information they sought if he were truly innocent. Allowing that entire exchange to be played for the jury was harmful error. In addition, the error was compounded when the prosecutor commented on that portion of the statement that should have never been before the jury in the first place. The Court discerns no error regarding the witness testimony or any of the prosecutor’s other comments during summation. A-67-20


   5. December Events:

12/2 Edison Elks comedy night

December 2nd, at the Edison Elks Lodge. 6:30

$20 a person.


12/3 TBD


12/7 Raritan Valley Road Runners members Holiday crawl and sing some holiday songs

https://www.facebook.com/groups/RVRoadRunners


12/8 Young Lawyers Holiday Brew Ho-Ho 6pm December 8th @ 6:00 

Redd’s Biergarten, 5 Easton Ave, New Brunswick


12/9 Red Bank Elks Holidaze Party Come on down and join us for our Grateful Dead Cover Band and kick off the Holiday Season Right. OPE... for more details, please go to https://facebook.com/events/s/red-bank-elks-holidaze-party/454276370109487/


12/11 Toys for Tots 5K Freehold NJ Tighe Park


12/13 NJAJ Holiday Party for members

 Treno Pizza Bar, 233 Haddon Ave, Haddon Township, NJ 08108 https://www.nj-justice.org/?pg=WTLCHolidayParty


Thursday, Dec. 15  NJ Bar Criminal Law Section members The Section has planned a holiday party for Thursday, Dec. 15 from 6 to 8 p.m. at the New Jersey Law Center.


12/16 Bar A Christmas with Holme

Holme w/ Bobby Bandiera "Christmas Party" Fri Dec 16@ Bar A 7pm No Cover bring unwrapped toy for holiday toy drive


Crazy in the Sunlight

         Sat Dec 17 / 6-11 pm The All New McCann's - 4185 Atlantic Ave


December 19, 2022  Municipal Court Practice Section & Immigration Law Section: Holiday Celebration Members Only New Jersey Law Center 1 Constitution Sq. New Brunswick, NJ 08901 Time:6:00 PM - 8:00 PM ET


12/20 Tae Kwon Do at Master Lee

3001 State Rte 27, Franklin Park, NJ, United States, a prior instructor at YB Choi Tae Kwon Do


12/24 Christmas Eve Mass


12/25 Christmas


1/1/22 Hangover 5K 12noon

Westfield, NJ 07090 US 

https://runsignup.com/Race/NJ/Westfield/Hangover5K