Tuesday, November 21, 2017 Municipal Court Practice CLE Seminar
2:00 PM until
4:00 PM
Where: MCBA Office 87
Bayard Street New Brunswick, New Jersey 08901
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Cost: $25-Law
Clerks; $35-MCBA Young Lawyers; $40-MCBA Members; and $75-All Other To register
or Call 732.828.3433, x. 102
Index to Major cases to be discussed by Ken Vercammen
and David Spevack at seminar
1. DWI
Refusal notice withstands challenge. State v Quintero
443 NJ Super. 620 (App. Div. 2016)
2. Sup Mt denied where police looking in house for
missing dementia patient found pot plants State v Mordente
444 NJ
Super. 393 (App. Div. 2016)
3. Police video is public record under OPRA
Paff v Ocean County Prosecutors Office
446 NJ Super. 163
(App. Div. 2016)
4. Defense to refusal sometimes where person
medically unable to provide breath samples. State
v. Monaco 444
NJ Super 539 (App. Div. 2016
5. No Jury trial for DWI. State v. Denelsbeck
223 NJ 103 (2016)
6. Police can stop for one
broken taillight out of 4
State v.
Sutherland
445 NJ Super. 358 (App. Div. 2016)
7. US
Supreme Court permits DWI breath tests but rejects blood test without warrant.
Birchfield v. North Dakota 136 S. Ct. 2160 (2016)
8. Out of state DWI counts for criminal driving while
suspended. State v.
Luzhak
445 NJ Super. 241 (App.Div. 2016)
9. Prosecutor must provide videotape and audiotape plus names of
officers from other towns involved in stop State v. Stein 225 NJ 582
(2016)
10. Suppression granted where stop based only for
high beam not
affecting driving State v. Scriven
226 NJ 20 (2016)
11. NJ Supreme Court makes “plain view” car searches
easier especially when drug dealers go through toll without paying and are
pulled over with bricks of heroin in plain view. State v. Gonzales __ NJ __
(2016)
12. Driver with prior school zone DWI sentenced as
2nd Offender. State v. Wheatley
447 NJ Super. 532 (App. Div. 2016
13. Town outside surveillance camera not subject to
OPRA but maybe subject to common law. Gilleran v. Township of Bloomfield
14. Twitter
statement admissible in criminal trials. State v Hannah
448 NJ Super. 78 (App. Div. 2016)
15. No
obstruction charge for failure to provide DL for parking ticket. State v
Powers 448 NJ Super. 69 (App. Div. 2016)
16. School Zone
map admissible if properly authenticated State v. Wilson 227 NJ 34 (2017)
17 Municipal Court can stay DL suspension
after DWI if appeal
State v. Robertson 228 NJ 138 (2017)
18. DNA on
towel not admissible without proper foundation and chain of custody
State v
Mauti 208 NJ 519 (2017)
19.
Defendant’s furtive movement after car stop justified removal of Passenger
State v. Bacome __ NJ __ (2017)
(A-9-15)
20. Plain feel search not permitted
with strip search for DP State v Evans 449 NJ Super. 66 (App. Div. 2017)
21 Dash cam video in fatal shooting public record
North Jersey Media Group, Inc. v. Township of Lyndhurst
__ NJ __ 2017 a-35-15
21. Errors by police in warrant and search held ok by court
State v Hamlett
22. Dash cam video in fatal shooting public record
North Jersey Media Group, Inc. v. Township of
Lyndhurst
23. Police
have duty to preserve video and evidence
State
v Richardson
24. Mandatory DNA samples in serious Municipal court
criminal
Effective July 1, 2017 person who pleads
guilty to cds and assault criminal disorderly criminal offenses must provide a
DNA sample upon a guilty plea.
25. New Criminal rules effective Jan 1, 2017
26. New Court Rule: The Committee
proposed two new rules to provide
limitations on the monetary sanctions
27 New Expungement Law
New law
effective April 18, 2016 for dismissed cases
This program
has been approved by the Board on Continuing Legal Education of the Supreme
Court of New Jersey for 2.0 hours of total CLE credit. Of these, 2.0 credits
qualify for certification in municipal court law.
See more
at:
https://www.facebook.com/events/1398826876901278
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