Newsletter NJ Laws by Kenneth Vercammen, Esq.: E661 VercammenLaw New

1. If someone had a conditional discharge on a pot charge which has now been “removed”, person can have another CD or PTI

2. Officer could not walk onto driveway to look into hole in porch

3. Suppression where dispatcher just assumed robber was black

4. Oldies Rock Radio 95.1

5. March-April Will seminars

6. Central Jersey Road Runners Club CJRR club meeting on Thursday, March 30, 2023 at the Cranford VFW at 7:30pm Will and Power of Attorney for Runners and Athletes: "Protecting you and your family"

1. If someone had a conditional discharge on a pot charge which has now been “removed”, person can have another CD or PTI State v. Gomes

In these appeals, trial courts in two vicinages reached opposite conclusions regarding whether, pursuant to the enactment of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), N.J.S.A. 24:6I-31 to -56, N.J.S.A. 54:47F-1, N.J.S.A. 40:48I-1, N.J.S.A. 18A:61F-1, N.J.S.A. 2C:35-23.1, and N.J.S.A. 2C:52-6.1,¹ a defendant may be admitted into pretrial intervention (PTI) where they have a prior conditional discharge for marijuana charges. One court concluded the defendant could not be admitted into PTI, finding the Legislature did not end the PTI eligibility bar where a defendant received a conditional discharge. The other court held that while the Legislature did not amend the PTI statute, the legislative intent of CREAMMA included removing the statutory bar to PTI eligibility where a defendant obtained a conditional discharge. A-3477-20

2. Officer could not walk onto driveway to look into hole in porch State v Ingram

The court considers whether a police officer, who walked onto the driveway of a home without permission or a warrant, was lawfully there when he observed illegal narcotics in a hole in the home's front porch. Because the driveway was part of the home's curtilage, the court holds that the officer conducted an unlawful search and his subsequent observation of contraband in the hole in the porch did not satisfy the plain-view exception. Accordingly, the court reverses the trial court's denial of defendant's motion to suppress the seized contraband.

3. Suppression where dispatcher just assumed robber was black State v Scott

Defendant contends he was subjected to discriminatory policing when he was stopped and frisked based on the be-on-the-lookout (BOLO) description of the person who committed an armed robbery in the vicinity minutes earlier. The BOLO alert described the robber as a Black male wearing a dark raincoat. However, the victim did not provide the race of the perpetrator when she reported the crime. The State acknowledges it does not know why the police dispatcher assumed the robber was Black.

The court address three issues of first impression. As a threshold matter, the court holds that decisions made and actions taken by a dispatcher can be attributed to police for purposes of determining whether a defendant has been subjected to unlawful discrimination in violation of Article I, Paragraphs 1 and 5 of the New Jersey Constitution.

Second, the court holds that "implicit bias" can be a basis for establishing a prima facie case of police discrimination under the burden-shifting paradigm adopted in State v. Segars, 172 N.J. 481 (2002). Reasoning that the problem of implicit bias in the context of policing is both real and intolerable, the court holds evidence that supports an inference of implicit bias shifts a burden of production to the State to provide a race-neutral explanation. The State's inability to offer a race-neutral explanation for the dispatcher's assumption that the robbery was committed by a Black man constitutes a failure to rebut the presumption of unlawful discrimination under Segars.

Third, the court addresses whether and in what circumstances the independent source and inevitable discovery exceptions to the exclusionary rule apply to the suppression remedy for a violation of Article I, Paragraphs 1 and 5. After balancing the cost of suppression against the need to deter discriminatory policing and uphold public confidence in the judiciary's commitment to safeguard equal protection rights, the court concludes the independent source doctrine does not apply in these circumstances. That exception allows a reviewing court to redact unlawfully obtained information to determine whether the remaining information is sufficient to justify a search.

The court concludes that any such redaction remedy would undermine the deterrence of discriminatory policing and send a message to the public that reviewing courts are permitted to essentially disregard an equal protection violation so long as police also relied on information that was lawfully disseminated. The court reasons that if simple redaction were permitted in these circumstances, the independent source exception might swallow the exclusionary rule.

With respect to the inevitable discovery doctrine, the court holds it may apply in racial discrimination cases only if the State establishes by clear and convincing evidence that the discriminatory conduct was not flagrant. Because the State concedes it does not know why the dispatcher assumed the robber was Black, it cannot meet that burden. The court, therefore, reverses the denial of defendant's motion to suppress.

4. Oldies Rock Radio 95.1

I found radio station 95.1 WOLD to listen to for music in the morning while running my dog Lexi.

95.1 is a Central Jersey local hometown radio station playing your favorite hits from the 60's through the 80's. Our focus and fun will always make you smile. You'll want to keep listening so you won't miss a single song and the memories they make.

From the founding fathers of Rock & Roll like Elvis Presley and Chuck Berry to the Beatles and Beach Boys right through to the Rolling Stones and Elton John 95.1 WOLD will take you back to when music was fun. Playing your favorite song is our goal each and every day at 95.1 WOLD.

The 95.1 WOLD website is where you'll find useful information like the news, traffic and weather. Of course you can also listen to 95.1 WOLD from anywhere in the world

http://www.woldradio.com

5. March-April Will seminars

Cranbury Library Wills, Probate & Estate Planning

Thursday March 30th @6:00pm

Free to Register

http://engagedpatrons.org/EventsExtended.cfm?SiteID=1825&EventID=482696&PK=

https://www.facebook.com/events/721251516071226/?\

Sayreville Senior Center Wills, Estate Planning & Probate Seminar

March 31, 2023 at 10am

West Windsor Mercer County Library Wills, Probate & Estate Planning

Thursday, April 13, 6:30 - 7:30 Virtual Program GotoMeeting

https://www.facebook.com/events/1301941027255865?

Matawan-Aberdeen Library Wills & Power of Attorney Seminar

April 17, 2023 at 6pm free

https://www.facebook.com/events/1640480536406591?\

Woodbridge Library Wills, Estate Planning & Probate Seminar

April 18, 2023 at 6:30. To register:

https://woodbridgelibrary.evanced.info/signup/EventDetails?EventId=14052&backTo=Calendar&startDate=2023/04/01

South Plainfield Library Wills, Estate Planning & Probate Seminar

April 26 at 6:30 in person

https://southplainfield.librarycalendar.com/event/wills-estates-and-probate-seminar

Just added

6. Central Jersey Road Runners Club CJRR club meeting on Thursday, March 30, 2023 at the Cranford VFW at 7:30pm Will and Power of Attorney for Runners and Athletes: "Protecting you and your family "

Nonmembers invited to attend to hear about CJRR and Estate Planning for family

AGENDA:

- Welcome from President

- Club Development

- Treasurer's Report

- Membership Report

- USATF Racing and Team Participation

- Open Floor: Member socials/share recent racing experiences

Presentation 8pm: "Will and Power of Attorney for Runners and Athletes: Protecting you and your family "

- Guest Speaker

Kenneth Vercammen, Esq. Edison, NJ (Author- Wills and Estate Administration by the ABA); Fmr. Prosecutor at Twp. of Cranbury and Borough of Carteret)

- Raffle

Topics:

1. Dangers If You Have No Will or documents invalid

2. Getting your Estate Planning Documents done when you can’t go into a law office

3. Power of Attorneys recommendations

4. Living Will & Advance Directive for Medical Care

5. Avoiding unnecessary expenses and saving your family money

6 Questions & Answers

Location VFW Post 335, South Avenue East, Cranford, NJ

RAFFLE: We will be raffling off an autographed copy of "FINISH STRONG" book by Boston Marathon Race Director, Dave McGillivray. This book is a "trailer" of his 'Seven Marathons, Seven Continents, Seven Days' journey filled with inspiring quotes, humor and illustration. An excellent addition to your coffee table book collection! It also comes with a "Finish Strong" bookmark. BUT you must be present to enter the raffle.

As always, HOT and delicious Pizza and soft drinks will be served.

Thank you and I look forward to seeing you.

Nirav Shah

CJRRC President Nirav Shah <jerseyrunner@gmail.com>

https://www.facebook.com/events/243099301399796