E641 VercammenLaw News
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3. Recent case Protective sweep of home permitted where very real and potential danger State v. Terres
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When
an arrest occurs outside a home, the police may not enter the dwelling
or conduct a protective sweep in the absence of a reasonable and
articulable suspicion that a person or persons are present inside and
pose an imminent threat to the officers’ safety. This sensible balancing
of the fundamental right to privacy in one’s home and the compelling
interest in officer safety will depend on an objective assessment of the
particular circumstances in each case, such as the manner of the
arrest, the distance of the arrest from the home, the reasonableness of
the officers’ suspicion that persons were in the dwelling and likely to
launch an imminent attack, and any other relevant factors. A
self-created exigency by the police cannot justify entry into the home
or a protective sweep. Here, a protective sweep was not warranted in
the Radel case but was constitutionally justified in the Terres case. in
Terres, the officers faced unexpected and fast-evolving circumstances
that signaled danger and the need for prompt action to safeguard their
lives. The officers received a warning to be careful and that another
male was with Fuller in Terres’s trailer -- a clear signal of a
potential threat; they had been told that Fuller was staying in a
building where loose bullets and shell casings were observed; Fuller
fled the trailer when he was arrested within feet of the open front
door; and the situation was fluid and not stabilized as Trooper Hershey
attempted to retrieve a hypodermic needle from Fuller’s pocket. Those
specific and articulable facts in Terres provided a reasonable basis for
entry into the home based on a very real and potential
danger. A-45-20 NJ Supreme
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4. Saturday May 28, Edison Annual Memorial Day Parade, Edison Township 12 noon
Veterans,
marching units, scout troops, youth sports leagues, high school
organizations, floats, antique cars, local police and fire departments,
and horse mounted individuals or units are invited to participate in the
parade. Starts noon Sunday
The
Parade will start at Division Street and continue down Plainfield
Avenue to Jefferson Blvd and end at Father & Son Legion Post 435 at
the intersection of Jefferson Blvd and Oakland Avenue.
Edison
Memorial Day Parade 12 noon Along Plainfield Avenue: Starting from
Edison Library Division and ending at American Legion Post 435 Father
& Son on Oakland Avenue for refreshments.
Son & grandsons of Veterans should join the Sons of American Legion
S.A.L. Membership Eligibility Requirements
All
male descendants, adopted sons and stepsons of members of the American
Legion, and such male descendants of veterans who died in Service during
World I, World War II, the Korean War, the Vietnam War, Lebanon,
Grenada, Panama, the Persian Gulf War and the War on Terrorism, during
the delimiting periods set forth in Article IV, Section 1, of the
National Constitution of The American Legion, or who died subsequent to
their honorable discharge from such service, shall be eligible for
Membership in the Sons of The American Legion. Ken Vercammen is a
member of the Sons of American Legion in Edison. Dues only $20.00 per
year. Hall available for rental
American Legion Father & Son Post 435
43 Oakland Ave,
Edison, NJ 08817
Phone: (732) 985-9768
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5. What is Memorial Day
Memorial Day should be a solemn day of mourning, a sacred day of
remembrance to honor those who paid the ultimate price for our freedoms.
Businesses closed for the day. Towns hold parades honoring the fallen,
the parade routes often times ending at a local cemetery, where Memorial
Day speeches were given and prayers offered up. People took the time
that day to clean and decorate with flowers and flags the graves of
those the fell in service to their country.
We need to remember with sincere respect those who paid the price for
our freedoms; we need to keep in sacred remembrance those who died
serving their country. We need to never let them be forgotten. However,
over the years the original meaning and spirit of Memorial Day has faded
from the public consciousness.
"If it is considered a holiday, why is it so? I consider it to be a
national day of mourning. This is how we observe this day in our home.
Because of what that day represents the rest of the days of the year are
our holidays." -- F L Lloyd West Chester, Pa USA
On Memorial Day we need to stop and pay with sincere conviction our
respects for those who died protecting and preserving the freedoms we
enjoy, for we owe those honored dead more than we can ever repay.
It is
Changing
the date merely to create three-day weekends has undermined the very
meaning of the day. No doubt, this has contributed greatly to the
general public's nonchalant observance of Memorial Day." --
VFW Memorial Day address
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