Newsletter NJ Laws by Kenneth Vercammen, Esq.

Thursday, September 04, 2025

E734 VercammenLaw News

1 Jersey Shore Happy Hour August 8, 2025

2 Defendant's statements to the patrolman established his intent to operate a motor vehicle for DWI charge

3 Common hallway or area in a multiple-unit apartment building is not within the zone of privacy protected by the Fourth State v. Valerio-Guzman,

4 New Business Clients Through BarterSaves Membership

5 AUGUST 1 Jerry Garcia Day

1 August 8, 2025- Jersey Shore Happy Hour at Headliner Club in Neptune Final reminder

8/8/25 Friday at 6pm.

All recipients of the Vercammen email newsletter are invited

Co-sponsored by Vercammen Law. We especially thank friends & attorneys that have referred cases to us.

Ken Vercammen will buy a drink for all pre-registered.

Also co-sponsored by Monmouth Bar Association, Mercer Bar Association, NJ Defense Association, Lakewood Chamber of Commerce, Middlesex- Monmouth Retired Police & Fire Local 9, Edison Elks, Knights of Columbus K of C 5611 Spring Lake, Bartersaves Business Barter group several Professional organizations, & Civic groups.

Free to attend!

Co-sponsored by several Bar Associations, several Professional organizations, Chambers of Commerce & Civic groups. https://www.facebook.com/events/1446488932728022

Free to attend!

Outdoor music. Bring your friends. Pass this along. Please bring a canned food donation for St. Matthews Edison Foodbank.

Headliner is located at 1401 Route 35, Neptune NJ, 07753 with a 2^nd floor view of the Shark River.

Headliner requires attendees be submitted one day ahead. Email Ken Vercammen's Law Office so we can put your name on the VIP list for wristbands. RSVP please email VercammenLaw@Njlaws.com

Must be over 21.

2 Recent cases Defendant's statements to the patrolman established his intent to operate a motor vehicle for DWI charge. State v. Dunton

Defendant appealed a conviction for driving while intoxicated following a trial de novo. Patrolman responded to a report of a disabled vehicle, where he found defendant in a parked car with signs of intoxication, including slurred speech and bloodshot eyes. Defendant failed field sobriety tests and was charged after a blood alcohol concentration test showed a level of 0.10. Defendant challenged the reasonable suspicion for the stop, proof of vehicle operation, probable cause for arrest, and the sufficiency of evidence for intoxication. The trial court found the state met its burden of proof beyond a reasonable doubt, relying on both observational evidence and BAC results, and sentenced defendant to fines, a license suspension, and the installation of an ignition interlock device.

On appeal, the court affirmed the conviction, agreeing with the trial court's factual findings. The court held that the patrolman lawfully approached defendant's vehicle under the community caretaking exception as the vehicle, which was reported disabled, was parked across several spaces with its hazard lights on, justifying the patrolman's decision to offer assistance.

The court also held that defendant's statements to the patrolman established his intent to operate a motor vehicle. However, it remanded the case for resentencing, as the trial court incorrectly applied a version of the statute requiring an ignition interlock device that was not in effect at the time of the offense. The court found no merit in defendant's other contentions and upheld the trial court's decision in all other respects. Unreported source Daily Briefing - 04-08-25

3 Common hallway or area in a multiple-unit apartment building is not within the zone of privacy protected by the Fourth State v. Valerio-Guzman

Defendant appealed the denial of his motion to suppress a handgun seized from the foyer of his apartment building. Officer responded to a shooting incident and found two females bleeding in the outside courtyard of an apartment building. A witness identified defendant as the shooter, and officer observed defendant sitting on the front steps of a building with an open door. Officers arrested defendant and saw a handgun in the building foyer through the open door. Trial court found the handgun was in plain view, officer was lawfully present and denied defendant's motion to suppress the gun. Defendant pled guilty to aggravated manslaughter, attempted murder and weapons offenses. Defendant argued the handgun was unlawfully seized without a warrant since there were no exceptions justified the warrantless search and seizure. Defendant argued the foyer was part of his home and required a warrant for the seizure.

Court affirmed, finding defendant's arrest in the courtyard gave officer the lawful opportunity to make the immediate observation of the handgun in the foyer through the open exterior door. Officer's conduct was reasonable and objective and he was not required to "close his eyes to suspicious evidence in plain view" when it was immediately apparent that the handgun was evidence related to the shooting. Court also noted that in New Jersey, it is well-established that a common hallway or area in a multiple-unit apartment building is not within the zone of privacy protected by the Fourth Amendment and the parallel provision of the New Jersey Constitution. Unreported Daily Briefing - 04-21-25

The Daily Briefing is an exclusive New Jersey State Bar Association member benefit, in partnership with the New Jersey Law Journal. Join the NJ State Bar Association for this and other benefits, plus join the NJSBA Municipal Court Section.

4 New Business Clients Through BarterSaves Membership

BY KENNETH A. VERCAMMEN, Esq.

My office received many new cases since 2000 by becoming active in professional Barter organizations especially BarterSaves previously Barter Depot. We recommend other service providers and businesses join a barter group. The Barter group refers us business clients and we negotiate legal fees directly with the potential clients. After performing legal work, we earn "Barter dollars" in lieu of actual cash payments. We then use our Barter dollars for different services. We hired a moving company to move to our house. The moving company also helped us when we moved our office in 2003. Other services we received through Barter groups included facials for my wife and sport massage for me while I was training for the marathon.

In 2013 we used our barter dollars to print our newsletters, business cards, envelopes and brochures through Itex, we went to dinner at the Cocoa Beach Pier, ordered American Flag pins to give out at Memorial Day, and running bags to give out at the Annual January Running event I am in charge. We use the limo company to drop us off at the airport. Over the years we have much of our printing done, such as T-Shirts "My attorney fights to win"

Can Coozies

Water Bottles

Stadium Cups

Band-Aid holders, pens

BARTERING is an association of professional business owners who buy and sell their goods or services with trade drafts. Trade drafts are similar to checks you now use to do your cash banking. Members trade in and out of the Barter bank acquiring new customers, and buying the things they need most... ALL ON BARTER. Barter also helps your cash flow by spending trade dollars instead of cash dollars. You must pay Federal income tax and state income tax on all fees charged. However, it is a source of new clients.

All businesses, which provide services, should join a barter group.

As indicated by Joe Prince founder of Barter Depot now BarterSaves, if every businessperson truly understood the countless values of bartering, the billion-dollar explosion in America would be even bigger than it already is. It is thus imperative to further explain this wonderful business tool. Webster's Dictionary defines barter: " To trade (e.g., goods) without the exchange of money." Think of the inner workings of barter as follows:

Suppose you're a dentist and join a barter group. You want to have some work done on your office, specifically painting and carpentry. The Barter groups' memberships includes painters and carpenters, so they refer a painter and carpenter to you, and you get them to do the job. They complete the work to your satisfaction and instead of paying them cash, they do the job on barter, in Iieu of cash or check, the painter and carpenter receive payment in full for their work through trade dollars. These trade dollars are equal to the amount of money they charged for their work. In our example, if the painter charged the dentist $500 for his work, then the painter would receive $500 in trade dollars from the barter group. He could spend that money with anyone else in the barter group. For instance, the painter might need a new brochure made so he uses his dollars to get a brochure done. If the amount for the brochure is less than $500 then he retains more trade dollars, if it exceeds $500 he is minus trade dollars.

Bartering is a valuable tool for business and pleasure. The trade dollars accumulated for your work can be used for either. It's like having a cash-less credit card available to purchase almost anything one would need, as The Barter Depot has hundreds of members in a diverse cross-section of business and services that are eager to trade products and services on barter. Simply put, barter combines the use of smart business people that remain faithful to one another.

From an economic standpoint, barter serves many important needs of these smart business people. Here are a few of them.

1) Barter brings new business to your business (Increasing cash flow, while saving you cash);

2) Barter is a great tool to cut any business's overhead by at least

10 percent:

3) Barter markets your business ( or services ) to new businesses;

4) Barter can move excess inventory

(without having to have a big sale at reduced profits).

As a businessperson, to get the most for your dollar you must constantly think BARTER. Each day, each of us has so many small needs that we take them for granted. Add these needs up cumulatively and the cost can be substantial. If however, you used your barter cash-less credit card, think of all the savings you would enjoy. Here's just a partial list of monthly potential savings:

1) When the clothes stack up, use bartering for dry cleaning

2) If it's time for that yearly dental checkup, try one of the Barter

group's fine dentists;

3) If the muffler is hanging, fix it on barter;

4) If you need your dog groomed, do you and your dog a favor and

think barter.

5) Restaurants

For further information on joining, email Kenneth Vercammen

AUGUST 1 Jerry Garcia Day is a civic and cultural event that celebrates one of the greatest rock guitarists of all time and San Francisco native son – Jerry Garcia, founding member of the Grateful Dead.

JERSEY Shore events

On August 1st, Rainbow Full of Sound Celebrates Jerry Garcia’s B-Day / The Jerry Garcia Collection by Retroactv @ The Asbury Hotel

https://www.facebook.com/share/196YWQatf2/?mibextid=wwXIfr

The Jerry Garcia Collection by Retroactv

Ages 21+

A three-hour live celebration of Jerry’s legacy not just as a musician, but as a prolific visual artist. Open bar, food, and a live band!

By Retroactv

Date and time

Friday, August 1 · 7 - 10pm EDT

Location

The Asbury Hotel

210 Fifth Avenue Asbury Park, NJ 07712

https://www.facebook.com/events/904991791712518

Cosmic Jerry Band celebrates Jerry Garcia's 83rd birthday with a special performance at Red Bank Elks Lodge 233 in Red Bank, NJ on Saturday, August 2nd. Join us outside for two long sets at 5pm-9pm (doors open at 4pm) plus enjoy the local vendors, fairy hair station, crafts, food tents, outdoor/indoor bars, beautiful vibes & more. $12 entry, all ages welcome, rain or shine!!

Splintered Sunlight fans. Friday, August 15th. 7:30 PM,

Splintered Sunlight's Seaside Heights Beach 7:30 Grateful Dead Tribute Concert primary image

Splintered Sunlight's Grateful Dead Tribute Concert

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E735 VercammenLaw News

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 adjudications

3 Christopher A. Callaghan Esq. is Associate Attorney handling Immigration Law & International & Domestic Business Law

4 The 50^th 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

1. Recent cases: Police were required to obtain a warrant before searching the impounded car after DWI

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.

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

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

3 Christopher A. Callaghan Esq. is Associate Attorney handling Immigration Law & International & Domestic Business Law.

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 50^th 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 2^nd 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: