1 Police were required to obtain a warrant before searching the impounded car after DWI 2 Recovery Court/ Drug Court graduates may expunge all eligible offenses under this statute, including juvenile adjudications3 Christopher A. Callaghan Esq. is Associate Attorney handling Immigration Law & International & Domestic Business Law4 The 50th Anniversary of the 1975 St. Thomas Aquinas undefeated varsity cross- country team 5 Summer Blast Happy Hour August 8 at Headliner Club Neptune was a good time |
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1. Recent cases: Police were required to obtain a warrant before searching the impounded car after DWI |
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State v. Fenimore NJ Supreme Court In this appeal, the Court considers whether the warrantless search of a car was consistent with the State Constitution when the car was parked in a State Police barracks parking lot; police had arrested the driver, removed the passenger, and obtained the keys; and the car was subject to imminent, mandatory impoundment. In response to a request for a statement regarding a harassment claim against him, defendant Shawn M. Fenimore arrived at the Woodstown State Police barracks shortly before 8:30 p.m. on June 2, 2021. New Jersey State Police Trooper Daniel Radetich interviewed defendant and administered three sobriety tests. Defendant failed two of them, and Radetich arrested defendant for driving while intoxicated (DWI) at approximately 8:57 p.m. Radetich secured defendant to a holding cell bench and advised him that troopers would search his car. Radetich and four troopers found Nicholas Luzzo asleep in the passenger seat. One trooper escorted Luzzo into the police station. Troopers commenced a warrantless search of the car at 9:02 p.m. and found drugs, a loaded gun, and other evidence such as bolt cutters. Defendant was charged with possession offenses and moved to suppress the evidence discovered during the warrantless search of the car. At the motion hearing, Radetich testified to the sequence of events described above. During cross- examination, Radetich agreed that under John’s Law, troopers were required to impound defendant’s car after his arrest for DWI, “[s]o, this car wasn’t going anywhere . . . for at least twelve hours.” When asked why he did not secure a warrant, Radetich stated that “that’s our . . . standard process. When you’re arrested for John’s Law, we have the right to a probable cause search of their vehicle . . . .” The trial court denied the motion. Defendant pled guilty and appealed. The Appellate Division affirmed. The Court granted certification. 258 N.J. 555 (2024). HELD: Under the circumstances presented here, the automobile exception to the warrant requirement did not apply and the police were required to obtain a warrant before searching the car.
1. The automobile exception to the warrant requirement under the New Jersey Constitution is significantly more protective of motorists’ privacy interests than its federal counterpart. The Court has identified several rationales that support New Jersey’s automobile exception, including (1) the risk of the loss or destruction of evidence; (2) the unacceptable risk of serious bodily injury and death to officers, drivers, and passengers from prolonged encounters on the shoulder of a crowded highway; (3) the risk that motorists may feel compelled to consent to warrantless searches of their vehicles, which may be made on less than probable cause; (4) the recognition that, in certain circumstances, the privacy intrusion occasioned by a prompt search based on probable cause is not necessarily greater than a prolonged detention of the vehicle and its occupants while the police secure a warrant; and
(5) the undue burden and impracticability of requiring police to post a special police detail to guard the immobilized automobile while pursuing a warrant. 2. Under “John’s Law,” when a person has been arrested for DWI, law enforcement “shall impound the vehicle that the person was operating at the time of arrest” “for a period of 12 hours after the time of arrest.” N.J.S.A. 39:4-50.23. 3. In State v. Witt, the Court explicitly “part[ed] from federal jurisprudence that allows a police officer to conduct a warrantless search at headquarters merely because he could have done so on the side of the road.” 223 N.J. 409, 448 (2015).
It expressly noted that “[whatever inherent exigency justifies a warrantless search at the scene . . . certainly cannot justify the failure to secure a warrant after towing and impounding the car at headquarters when it is practicable to do so.” Id. at 448-49. And it specifically concluded that, going forward, New Jersey’s “automobile exception” would be limited “to on-scene warrantless searches.” Id. at 449. Here, there was no “on-scene search”: the car was searched in a police barracks parking lot, not on the scene of a motor vehicle stop or any other incident. And the facts make clear there was no other “inherent exigency” to “justify] a warrantless search . . . under the automobile exception.” Id. at 448-49. Further, none of the rationales the Court has identified to support New Jersey’s more limited automobile exception apply to the factual setting of this case. Therefore, the warrant requirement established by the State Constitution remained. Reversed (A-18-24)) Decided July 30, 2025 WAINER APTER, J., writing for a unanimous Court. |
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2 Recovery Court/ Drug Court graduates may expunge all eligible offenses under this statute, including juvenile adjudications otherwise non-expungable if sought under the general expungement law |
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IN THE MATTER OF THE EXPUNGEMENT OF THE CRIMINAL/JUVENILE RECORDS OF P.L. In this appeal, the court addresses the interplay between the Recovery Court expungement statute, N.J.S.A. 2C:35-14(m), and the law that governs expungements generally, N.J.S.A. 2C:52-1 to -32.1, as they relate to expungement of juvenile adjudications sought following completion of Recovery Court. The State appeals from a trial court order expunging petitioner's entire record including his juvenile delinquency adjudications after he successfully completed a Recovery Court special probation sentence. The State, joined by the New Jersey Attorney General as amicus, argues juvenile delinquency adjudications of non-expungable offenses if committed by an adult are not eligible for expungement despite successful completion of Recovery Court. They warn a contrary interpretation defies legislative intent. In response, P.L., supported by amicus, the Association of Criminal Defense Lawyers of New Jersey, asserts the plain language of N.J.S.A. 2C:35-14(m) allows expungement of juvenile adjudicatons because adjudications are not convictions specifically excluded from post-Recovery Court relief. Relying on the plain language of both statutes, the court concludes the Legislature did not incorporate certain restrictions from the general expungement statute into the Recovery Court statute addressing expungement of adult criminal and juvenile adjudication histories, N.J.S.A. 2C:35-14(m). As a result, Recovery Court graduates may expunge all eligible offenses under this statute, including juvenile adjudications otherwise non-expungable if sought under the general expungement law. A-3387-23 |
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3 Christopher A. Callaghan Esq. is Associate Attorney handling Immigration Law & International & Domestic Business Law. |
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KENNETH VERCAMMEN & ASSOCIATES is proud to announce the addition of Christopher A. Callaghan Esq. as an Associate Attorney handling Immigration Law & International & Domestic Business Law.
Christopher A. Callaghan is a seasoned attorney with expertise in International Business Law, with a focus on serving clients worldwide. With a multifaceted background blending legal expertise, academic excellence, and real-world experience, Attorney Callaghan is uniquely positioned to navigate the complexities of global commerce. He can be contacted direct at 251-285-3425 ccallaghan7@icloud.com Immigration Law Navigating immigration laws can be overwhelming, but with Christopher A. Callaghan, we’re here to guide you every step of the way. Whether you’re seeking visas, permanent residency, citizenship, or facing complex immigration challenges, we are dedicated to providing personalized solutions tailored to your unique needs. We understand the importance of family unity, career opportunities, and building a future in a new country, and we are committed to making the process as smooth and stress-free as possible. Let us help you achieve your immigration goals with clarity and confidence. International & Domestic Business Law Christopher A. Callaghan provides strategic and tailored legal solutions for businesses operating both domestically and across international borders. We assist clients with every stage of their business journey, from formation and structuring to expansion and dissolution. Our services include drafting and negotiating complex contracts, ensuring regulatory and statutory compliance, managing cross-border transactions, and resolving disputes effectively. For clients expanding internationally, he offers tailored guidance on navigating foreign legal systems, adhering to international trade regulations, and structuring agreements to protect your interests across jurisdictions. With a deep understanding of business practices and legal requirements in multiple markets, our goal is to help you achieve sustainable growth while minimizing legal risk. Whether you are managing a local startup or an established global enterprise, he is committed to delivering sophisticated legal support to meet your unique business objectives. 2053 Woodbridge Ave., Edison, NJ 08817 |
4 50th Anniversary of the 1975 St. Thomas Aquinas undefeated varsity cross- country team |
This featured the school’s first undefeated varsity team finishing with a 15-0 record. The team was so strong they took top 4 runners in 13 out of 15 races, including winning the conference championship. Chris Heiser [in photo] was the school’s first State champion. Fred Janiec won the county two mile. Ken Vercammen was a 3 time all conference runner and University of Scranton star. Tom Kalanta won the 1/2 mile championship. Bob Horvath was conference 440 champ. Pete McEvoy, Gene Schreiner, and Bob Dillon [in photo] were among the other standouts. Many continued on to stellar collegiate career |
In photo: Chris Heiser, Bill Ashnault STA championship wrestler, Ken Vercammen, Bob Dillon |
5 Summer Blast Happy Hour August 8 at Headliner Club Neptune was a good time. We thank 100 friends, professionals, and attorneys who attended the return of the Summer Blast Happy Hour & Networking Social. 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. If you have any photos, please e-mail to Kenv@njlaws.com I posted some photos at https://www.facebook.com/kenneth.vercammen We thank the co-sponsors sponsors for the Happy Hour Monmouth County Bar Association, Mercer County Bar Association, New Jersey Defense Association , Lakewood Chamber of Commerce, Retired Police & Fire Middlesex-Monmouth Local 9 , Edison Elks BPOE #2487, BarterSaves, Knights of Columbus #5611 Spring Lake , VercammenLaw office & the secret society of Municipal Court attorneys
Special thanks to my sister Janet, wife Cynthia & 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 community activities for 35 years.
We appreciate the generosity of Tom Sueta & The Headliner Oasis Pool & Dayclub for providing us with the Balcony Bar/Sunset Deck 2nd floor overlooking the Shark River. Sunset view over the Shark River. We look forward to seeing you and all your friends at future events. We will include you in our notices of upcoming fun and charity events. Please also connect with Ken V on Facebook. If your group, non-profit or organization wishes to be a free co-sponsor of the 2026 Happy Hour, please email Ken Vercammen, Edison, NJ VercammenLaw@njlaws.com Photo below Running club presidents of RVRR, JSRC CJRR and just a runner Ken: |
Below Olympian Elliot Denman and Shore AC Masters runner Mike W: |
More fun photos on the Facebook page https://www.facebook.com/kenneth.vercammen We closed the club: |
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