E374 NJ Laws Email Newsletter

NJ Laws Email Newsletter E374 Kenneth Vercammen, Attorney at Law August 18, 2011 Office Phone Number: (732) 572-0500 www.njlaws.com In This Issue: 1. Theft and Calling Mom Senile Fool Not Grounds for DV. 2. Error by Police Dispatcher in Invalid Arrest Warrant Requires Suppression of Evidence under NJ Constitution. 3. Friday, August 19 - Annual WFAN Day with Mike Francesa plus South Side Johnny and the Asbury Jukes with special guests at Bar Anticipation. Greetings Kenneth Vercammen, 1. Theft and Calling Mom Senile Fool Not Grounds for DV.E.M.B. v R.F.B. 419 NJ Super. 177 (App. Div. 2011) Plaintiff's stated reasons for seeking a final restraining order against her 56 year old son were that he had stolen her car keys, cell phone, bankbook, money and some jewelry. In addition, plaintiff testified that defendant had locked her out of the house on one occasion and called her a "senile old bitch." The trial court entered a final restraining order based upon harassment. The court reverse because theft is not one of the enumerated predicate acts under N.J.S.A. 2C:25-19 and because the evidence was insufficient to prove the thefts or other acts were committed with the requisite purpose to harass. 2. Error by Police Dispatcher in Invalid Arrest Warrant Requires Suppression of Evidence under NJ Constitution. State v. Handy 206 NJ 39 (2011) The dispatcher's conduct - advising an officer on the scene that there was an outstanding warrant when the warrant contained a differently spelled name and a different date of birth - was objectively unreasonable and violated the Fourth Amendment to the United States Constitution and Article I, Paragraph 7, of the New Jersey Constitution. Evidence uncovered during the search incident to the arrest must be suppressed. 3. Friday, August 19 - Annual WFAN Day with Mike Francesa plus South Side Johnny and the Asbury Jukes with special guests at Bar Anticipation. Starts at 1pm. Free Admission all day. Sponsored by Miller and Broadcast live on WFAN and the YES Network. 8/20 Bradley Beach 5k co-Sponsor Wakefern 8/21 McCormack 5k Bar A 9am free beer 8/28/11 CJRR Fall Classic 8:30 Cranford co-Sponsor Wakefern 8/30 JSRC meeting & BBQ Deal firehouse 7:15 9/4/11 Jimmy D 5k New Brunswick 9am free beers 9/5 Monday Pier House 5K, Long Branch8:30 9/10 Fallen Heroes Memorial Run Bar Anticipation, Lake Como 5k 9:30