E656 VercammenLaw News

Recent Cases 1. Suppression here where stop based on tinted window 2. Non business records should not be admissible 3. Parking ticket required signage and conviction was not supported by substantial evidence in the record 4. Community Events

1. Suppression here where stop based on tinted window State v. Arias-Made     Defendant appealed his conviction for possession of a handgun without a permit. Officer made a motor vehicle stop of defendant's car at 4:00 a.m., asserting the car's windows were excessively tinted. Additional officers responded and officer alleged he smelled marijuana when defendant rolled down his window and alleged he saw two cut straws and white powder in the back seat. Defendant admitted smoking marijuana earlier in the day and officer ordered him out of the car and questioned him about his itinerary. Officer asked if he could check defendant for guns, defendant agreed and officer frisked defendant, felt a bulge in one pocket and pulled out cash.     Officer asked for consent to search the vehicle, defendant refused, officer announced they would conduct a "probable cause search" anyway and defendant then consented to the search. Officers found nothing in the passenger cabin but found a handgun and ammunition in the trunk. Trial court denied defendant's motion to suppress on the basis of an unlawful search. Court found officer's testimony at the suppression hearing failed to establish reasonable suspicion of a tinted window violation and vacated defendant's conviction. Unreported  A-0875-19

2. Non business records should not be admissible

State v. Watson       Defendant appealed her conviction for second-degree theft by unlawful taking. Defendant store inventory clerk was questioned by store personnel and admitted to defrauding store by having merchandize delivered to people who had not paid for it who then paid defendant a percentage of the merchandise's retail price. Defendant was advised of her Miranda rights by police, interrogated and explained how she created the fraudulent orders. Court denied her motion to suppress her statements to police and granted State's motion to admit certain store exhibits as business records. Recording of plaintiff's police interrogation was played for jury.       Court found defendant did make an ambiguous invocation of her right to counsel and officer failed to ask neutral qualifying questions to determine if defendant had invoked her right but instead impermissibly suggested she would lose the benefit of providing cooperation if she delayed responding to his questions.      Court also found that three of State's exhibits were not admissible as business records but were properly admitted as summaries under N.J.R.E. 1006. Court remanded for a new trial.Source NJLJ July 18, 2022

3. Parking ticket required signage and conviction was not supported by substantial evidence in the record.  State v. Marinaccio     Defendant appealed the finding he violated the Township's on-street overnight parking ordinance. Township police issued a summons to defendant's vehicle and defendant argued that the ordinance was not effective or enforceable because Township had not posted signs notifying motorists of the ordinance requirements at each of the nine separate roadway entrances to the Township and there was no signage at the two entrances he used prior to parking his vehicle. Defendant offered photographs and a video recording showing the absence of signage. Police officer testified there were signs at "every entrance" but admitted that on the day he issued the summons, he "did not know with 100-percent certainty" that the required signs were present. Municipal court relied on officer's testimony and found defendant in violation of the ordinance. The Law Division found defendant's evidence did not negate the officer's testimony. Court found Township established a prima facie case that defendant violated the ordinance, defendant properly raised an affirmative defense and Township bore the ultimate burden of proof as to whether defendant violated an ordinance that was effective under N.J.S.A. 39:4-198 by a preponderance of the evidence. Court found Law Division's findings as to the existence of the required signage was not supported by substantial evidence in the record. Unreported Source Daily Briefing 2/23/22 4. Community Events:     Saturday, January 28 St. Thomas Aquinas Alumni social from 3 to 5 p.m. for beer, wine, and appetizers.  STA Brown Stone for our next alumni-exclusive event. $40.00 Join us on Attendees will also receive complimentary admission to the boys basketball showcase versus West Nottingham Academy, which is the same day at 6 p.m. JAN 29, 2023 AT 2 PM  Irish Parade Fundraiser Belmar Lake Como St. Patrick's Day Parade (official) - Marina Grille SUN,  January 31,  Jersey Shore JSRC General Meeting Day & Time: TUESDAY, 7:15 pm Location:  Deal Firehouse, 110 Brighton Avenue Deal, NJ 07723 February 4, 2023  Comedy Night American Legion Post 435 SAL Presents Comedy Night Saturday @ 7:30PM 43 Oakland Ave, Edison, NJ 08817 Admission: $25.00 Doors open at 6:00 Come early for seating featuring the lol comedy team snacks will be served. You are also welcome to bring your own goodies! Tickets are available for sale in the Club or any SAL Member. American Legion Father & Son Post 435 43 Oakland Ave.  Edison, NJ 08817 732) 985-9768 [off Jefferson near Wick Plaza] Feb 21 Piscataway Public Library Estate Planning and Probate 2023 at 6pm  Tuesday Link for free registration:  https://piscataway.librarycalendar.com/event/estate-planning-and-probate-2023-seminar Piscataway Public Library Kennedy Branch 500 Hoes Lane  Piscataway NJ 08854 732-463-1633x6 Thank you for reading and sharing our Newsletter.   Friends and clients can help us by....   Adding a great review on Google: https://www.google.com/#q=Kenneth+Vercammen&lrd=0x89c3c87ea72dbd57:0xdbd3622846daeec9,1 Liking us on Facebook:  https://www.facebook.com/Kenneth-Vercammen-Associates-PC-Law-Office-Edison-NJ-08817-149816077985/reviews/ Help us with a review on Avvo:  https://www.avvo.com/attorneys/08817-nj-kenneth-vercammen-571594.html Help us with a review on Yelp: https://www.yelp.com/biz/kenneth-vercammen-and-assoc-attorney-at-law-edison