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E397 NJ Laws Newsletter

Posted by attorney Kenneth Vercammen

1. Police use of GPS device on car violates 4th Amendment United States v Jones 131 S. Ct. 3064 (2012)

The Government's attachment of the GPS device to the vehicle, and its use of that device to monitor the vehicle's movements, constitutes a search under the Fourth Amendment. GPS not permitted without a warrant.

2. If Not Permitted to Leave, Miranda Applies to Custodial Questioning.

A police officer's sniffing of a teenage partygoer's breath for alcohol constituted custodial questioning that triggered the right to Miranda warnings, a state appeals court has held. Absent those warnings, defendant Zeb Koch's alleged admission to chugging a beer should have been suppressed, the Appellate Division said in reversing his conviction for underage drinking. The case, State v. Koch, A-602-10, stemmed from what was described as a raucous party of minors on May 8, 2009. The officer's "sniffing of their breath was clearly in a custodial setting," the panel said. "His actions were an implied question to Koch and others to indicate whether they had consumed alcoholic beverages."

Unreported- Source:

Daily Briefing - 09/30/2011, provided as a service to members of the NJSBA.

3. No DV if No Purpose to Harass.

E.M. v. G.M., App. Div. Defendant appeals from a final restraining order by the Family Part pursuant to the Domestic Violence Act of 1991. Finding that the four incidents relied on by the court to find that defendant had committed domestic violence based on the petty disorderly persons offense of harassment are devoid of evidence showing defendant's purpose was to harass plaintiff and that there is no competent credible evidence that final and permanent restraints are necessary to protect plaintiff from future abuse where the court rejected plaintiff's account of physical abuse at the hands of defendant as not credible, the panel reverses.

Unreported -Source:

4. Community Events:

May 25, 2012 - "Start of Summer Happy Hour with the Legends of Belmar" Join Ken V and friends the Friday night before Spring Lake 5 race for "Legends Night" in Belmar at 5:30 D'Jais, 7:30 Bar A Not a race, just great social event. Show your support for the USA by putting American flag stickers on 21-year-olds

50th Annual Edison Memorial Day Parade

As 2012 marks the 50th Anniversary of the parade we are in the process of planning a larger, more exciting event! The parade, hosted this year by VFW Post Number 3117, will begin at 1 p.m. Sunday, May 27th. Staging area and kickoff will be on Division Street. The route to be followed is Plainfield Avenue to Jefferson Boulevard ending at Post #435 on Oakland Avenue. The reviewing stand will be on Plainfield Avenue at Seymour Avenue.

Memorial Day Parade 2012-Honoring Our Women in the Military

On Memorial Day, Monday, May 28, 2012, Metuchen will continue its tradition with one of the area's longest established Memorial Day parades; the first one was held on May 30, 1927. The parade begins at 10:00 a.m., rain or shine, from Metuchen's Pearl Street parking lot. It will proceed across Center St., turn right (north) onto Route 27, and right onto Main Street. The parade will continue through the tree-lined streets of beautiful Metuchen and turn right onto High Street and then right again onto Lake Avenue where it will end at Memorial Park with a brief ceremony. This year's ceremony features remarks from guest of honor, Rear Admiral Timothy Beard, III of the US Naval Reserve and an invocation lead by Rev. Hazel Shue, Chaplain, Commander, U.S. Navy.

Memorial Day in Metuchen honors the lives of the forty-one Metuchen men who sacrificed their lives in our nation's wars and the many Metuchen men and women currently serving in the armed forces. The Memorial Day Parade Committee invites all veterans, community groups, scouts and youth groups to be a part of this very special day!

5. Reflections on Memorial Day

Memorial Day used to 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 held 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 - February 26, 2000

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.

6. If A Loved One Is A Victim Of Nursing Home Abuse, We Can Help

Over 1.5 million seniors live in nursing homes. Although they are entitled to receive proper care, unfortunately many suffer from severe abuse and neglect, including poor medical care, bad sanitation, and physical and verbal abuse.

If you have a loved one in a nursing home make sure he or she is being treated properly. If you think a loved one is being abused or neglected, call us. We can contact persons to help stop the wrongful conduct and obtain damages for it.

7. House for rent 42 Handy St., New Brunswick 08901

2 blocks from Douglas/Cook

Save money with NEW COST EFFICIENT FURNACE/PROGRAMMABLE THERMOSTAT/DOORS & WINDOWS, Huge closets, basement with separate entrance. Washer, dryer, dishwasher. Corner property with fenced backyard. Street permits for parking, garage available. 3 bedrooms $1750 per month. Ideal for Rutgers students

732-816-4449 _ edison2llc@live.com_

Editorial Assistance was provided by Taylor Votek. Ms. Votek is currently participating in Kenneth Vercammen's Summer Internship Program and will be entering her Junior year at The University of Miami.

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