(732)572-0500. Edison, NJ.
To email Ken V, go here:
2053 Woodbridge Avenue - Edison, NJ 08817
Tuesday, December 28, 2021
E630 Vercammen Law News
1.No hot pursuit into house for petty offense
2.Sealing of Certain Marijuana or Hashish Records Pursuant to N.J.S.A. 2C:52-5.2 Directive 08-21
1.No hot pursuit into house for petty offense
Lange v. California 594 US __ (2021)The US Supreme Court ruled that hot pursuit of a person who has committed a petty offense (in this case, DWI) does not justify a categorical rule that will permit police to make a home entry into the suspect's residence without a search warrant
2 Sealing of Certain Marijuana or Hashish Records Pursuant to N.J.S.A. 2C:52-5.2 Directive 08-21
This Directive promulgates the process for sealing records from public access on order of the court at the time of sentencing for a criminal conviction or juvenile adjudication of certain marijuana or hashish offenses in accordance with the statutory amendments to N.J.S.A. 2C:52-5.2, and the marijuana decriminalization laws enacted by L. 2021, c. 19. Additionally, Attorney General Law Enforcement Directive #2021-1, “Directive Governing Dismissals of Certain Pending Marijuana Charges” (issued February 22, 2021), instructs prosecutors to seek dismissal of certain pending marijuana-related charges against either a juvenile or an adult where the conduct occurred on or before February 22, 2021.
The court at the time of sentencing shall order the records of the courts, probation services, and law enforcement agencies to be sealed from the public for a criminal conviction or juvenile adjudication that solely includes the following offense(s):
• N.J.S.A. 2C:35-5(b)(12)(b)1 – distribution of marijuana in a quantity of one ounce or less or hashish in a quantity of five grams or less; or
• N.J.S.A. 2C:35-5(b)(12)(b) and a violation of N.J.S.A. 2C:35-7 on or within 1000 feet of school property and/or a violation of N.J.S.A. 2C:35- 7.1 on or within 500 feet of a public housing facility, public park, or public building; or
•• N.J.S.A. 2C:35-10(a)(3)(b) – possession of marijuana in a quantity of more than six ounces or hashish in a quantity of more than 17 grams.
This Directive also promulgates three revised forms and two new forms for use effective immediately
Additionally, the Supreme Court has amended Rule 1:38-3 (“Court Records Excluded from Public Access”) and Rule 1:38-11 (“Sealing of Court Records”) by order dated February 5, 2021 to conform to the statutory requirements to seal these records from public access upon criminal conviction or juvenile adjudication.
System enhancements have been made in the Judiciary’s computerized systems to indicate the cases that have been ordered sealed from public access pursuant to N.J.S.A. 2C:52-5.2. Information concerning these modifications has been previously sent to Judiciary staff under separate cover. Modifications have also been made to remove information concerning sealed cases in the Public Safety Assessment (PSA) risk factors in accordance with N.J.S.A. 2C:52-5.2(d), which provides that these records shall not be considered whenever the Pretrial Services Program conducts a risk assessment on an eligible defendant for the purpose of making recommendations to the court concerning an appropriate pretrial release decision under N.J.S.A. 2A:162-15 et seq. Additionally, cases that have been ordered sealed pursuant to this statute will not be listed in the “Court History” section of the Presentence Investigation Report in accordance with N.J.S.A. 2C:52-5.2(d), which prohibits use of this information for sentencing purposes in any other case.
Operationally, the municipal courts have not been part of the comprehensive enforcement program (CEP). Currently, there is no provision in the system to move cases through the CEP and civil judgment process for municipal court matters. Therefore, the municipal courts will continue their current collection process for cases that are ordered sealed.
11/20 Manasquan Turkey Run 5-mile 11am party at Leggett’s and Salty Whale after race discount beer co-sponsor Wakefern Shoprite jsrc.org Manasquan Little League Field, Manasquan New Jersey https://runsignup.com/manasquanturkeyrun
11/21 RVRR adventure run in Ireland Broad conservation area Sunday Nov 21, then Lory's Lakeside for a snack. Running is Free to all https://www.facebook.com/events/522467588851675
11/26 Born to Run 5 mile Freehold 11am Friday after Thanksgiving great Freehold FARC event. A free beverage after the race. https://runsignup.com/Race/NJ/Freehold/BorntoRun5Mile
11/27 Crazy Eddie Memorial Hash run- not a race, trail hash with beverage stops Saturday Rumson Hasher HHH Saturday 10:17
11/28 Navesink Challenge 15k & 5k 10am 10:10 for 5k Post race at Red Bank elks[Ken V runs 5k]
December Charity Runs
12/4 - Jingle Bell 5k (Holmdel)
Dec 5 mark mystery trail South B then stop at Lorys Lakeside in for one cold one11am
12/15 Raritan Valley and sing Christmas songs in Highland Park. Song sheets to be provided. Wear Santa hats.
12/26 Asbury Polar Bear 5k
Jan 8/2022 Secret Mystery Winter Trail Run 2.5 mile & 5 Mile Group Run 10:17am Start Location: Secret Mystery wooded area North Brunswick to be emailed to pre-registered. Only $20.00 via https://runsignup.com/Race/NJ/NorthBrunswick/SecretMysteryRun