Strip search permitted for indictable cases. State v Brown
OK for Rutgers University police officer to stop and arrest a defendant for DWI. State v. Goines
NJ MVC was required here to have hearing to suspend for Maryland DWI.
April Free community events
1. Strip search permitted for indictable cases. State v Brown __ NJ Super. _ (App. Div. 2018)
The panel affirms the trial court's order denying defendant's motion to suppress five bricks of heroin seized from defendant's groin area pursuant to a strip search following defendant's arrest for indictable drug offenses.
The panel addressed the strip search statute, N.J.S.A. 2A: 161A-1 to -10, which affords certain protections to persons who are arrested or detained for non-indictable offenses, and whether the Attorney General Guidelines for strip searches extend those protections to persons arrested or detained for crimes.
The panel concludes that neither the legislative history nor the plain terms of the statute authorized the Attorney General to promulgate Guidelines to extend the statute's protections to persons detained or arrested for crimes. The panel further concludes that the strip search was justified here by probable cause and reasonable exigent circumstances, thereby satisfying the Fourth Amendment of the United States Constitution, and Article I, Paragraph 7 of the New Jersey Constitution. (17-06-1207)
2 OK for Rutgers University police officer to stop and arrest a defendant for DWI State v. Goines N.
The state appealed the ruling of a municipal court judge that determined a Rutgers University Police Officer lacked jurisdiction to stop and arrest defendant for DUI. The officer allegedly observed defendant illegally cross a double-yellow line, after which she activated her lights and pulled over defendant in the city of New Brunswick. Defendant was transported to the police station for an Alcotest, which revealed a BAC of 0.14%. Before the municipal court, defendant moved to dismiss the DUI summons for lack of jurisdiction. Defendant cited a memorandum of understanding between Rutgers and New Brunswick that permitted Rutgers police officers to enforce motor vehicle laws on certain streets; because defendant's arrest did not occur on one of those streets, the municipal court judge granted defendant's motion. On appeal, the court reversed the ruling of the municipal court. The court noted that, in isolation, Title 18A appeared to preclude university police officers from enforcing traffic laws off-campus except at the request of municipal authorities. However, the court found that the Motor Vehicle Code also permitted "any law enforcement officer" to arrest someone for DUI. The court noted that this provision had been interpreted to permit municipal police officers to arrest drivers for DUI outside of those officers' territorial jurisdiction. The court interpreted the legislature's use of the term "any law enforcement officer" to mean that the legislature intended to expand the number of officials with authority to arrest drunk drivers. The court therefore held that it was consistent with the statute to give university police jurisdiction to enforce DUI laws. The court read this statute with Title 18A as preventing university police officers from being overtaxed, while not preventing those officers from stopping crimes occurring right before their eyes.
3. NJ MVC was required here to have hearing to suspend for Maryland DWI Held v. New Jersey Motor Veh
Plaintiff appealed defendant commission's final decision suspending plaintiff driver's license for 10 years, after plaintiff had pled guilty to DUI in Maryland. At the time of his Maryland conviction, plaintiff had three previous DUI convictions in New Jersey. Plaintiff opposed the suspension of his license, arguing that the length was excessive and challenging the equivalency of his Maryland conviction under New Jersey law. However, without holding an evidentiary hearing the MVC concluded that the Maryland statue for which plaintiff was convicted was substantially similar to the New Jersey statute for purposes of license suspension pursuant to the Interstate Driver License Compact. On appeal, plaintiff argued that his Maryland conviction was not substantially similar to a conviction under New Jersey law because the Maryland statute allowed for conviction with a lower level of impairment than required for conviction in New Jersey.
The court agreed with plaintiff that he was entitled to an evidentiary hearing to establish the equivalency of his Maryland conviction. The court noted that while New Jersey permitted DUI conviction per se, based on a blood test, or by officer observation, Maryland permitted conviction "while under the influence of alcohol", "under the influence of alcohol per se", and "while impaired by alcohol". The court further noted that Maryland defined "impaired by alcohol" as a state less than intoxication where alcohol nonetheless affected one's coordination. Accordingly, the court concluded that further hearing was necessary to determine whether the "while impaired by alcohol" provision of the Maryland DUI statute was substantially similar to the observational provision of the New Jersey DUI statute.
4. April Free community events:
April 15th Clara Barton Branch Library at 6:30 PM Monday Free
141 Hoover Avenue Edison, NJ 08837
April 20 Happy 420 day.
May 2 ABA Estate Planning, Probate and Trust and Elder Law Joint Committee Meeting 10:00 am - 11:00 am at the Marriott Marquis, NYC at the 2019 ABA Section of Litigation & GPSolo CLE Conference in New York, NYC Thursday 1535 Broadway, New York, NY 10036
Round table discussion Free to all attendees.
Ideas to be discussed:
- BUILDING THE MILLION DOLLAR ESTATE PLANNING PRACTICE
A Lawyer's Guide to Creating a Winning Estate Planning Practice
Ethically Building Your Practice using free and low-cost online methods
1. Website specific http://www.njwillsprobatelaw.com
2. Blog https://njprobate.blogspot.com
3. Facebook Law Office
4. LinkedIn- post articles, events
6. Yelp for Business Owners
7. Avvo Legal rating
8. JD Supra
9. Justia Lawyer Directory:
May 2, 2019 7:00 AM - 7:40 AM Thursday Jog with Ken Vercammen & See Hudson River and Aircraft Carrier Intrepid
10am GPSolo Estate Planning, Probate and Trust and Elder Law Joint Committee Meeting
5. Charity Running Races
Sat April 13, 2019 Colonia 5k Start St. John Vianney Church
Wakefern /Shoprite co sponsor
4/27/19 Lake Como 5k Sat 10am Start Bar A Benefit BPOE Elks Camp Moore for Children with Special Needs & Lake Como Giving Tree
4/28/19 Tour de Franklin,Franklin Food Bank 62 mile & 40-mile bike 62 Mile Metric Century or 40 Mile now Starts at Franklin High School http://www.franklinfoodbank.org/events
5/4/19 Farmlands bike This family-friendly event has marked routes in a variety of distances, from a leisurely 15,25,35 mile jaunt to the ambitious 50 mile, metric (62.5 miles) and century (100 miles) Central Jersey Bike Club Middletown http://www.cjbc.org
5/5/19 Highland Park 5k Run in the Park 9am Sunday RVRR is volunteer group.
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