E291 December 30, 2008

NJ Laws Email Newsletter E291 December 30, 2008 Kenneth Vercammen, Attorney at Law

1. Happy New Year I would like to thank my friends for another banner year in 2008.

This year was our single best year for referrals. So many of you were kind enough to tell others about our services. Since 1985, I have helped individuals and businesses with legal matters. With changing laws, it is important that your estate planning documents are updated to reflect your most valuable investments. As you know, all business must grow, and one of the safest ways to grow is to get referrals from satisfied clients. Thank you for referring friends and family. May 2009 bring happiness and good health to you and those you love.

2. FREEZING COLD HASH RUN 3 ­ 5 MILE GROUP RUN Sat. Jan. 3, 2009 10:00am START: Kenneth Vercammen Law Office 2053 Woodbridge Ave., Edison, NJ 08817 We need 3 volunteers to help set up at 8am, serve as bartenders at the open bar and pass out trail running instructions. You can volunteer even if you are not running. Free Yellow T­Shirt and beers for volunteers!

Tired of the same old neighborhood roads, traffic, bad drivers? Join the off­road runners for a great and unusual training run. See the swamps and wooded areas saved from development. The Hash House Harriers again return to the woods and marsh of Edison.

Hashing is not a race but a non­competitive group run which follows an off­road course laid out with baking flour. If you like trail running without the competition of a formal race, this will be a fun switch for you. This is a complex and different course through woods, grass, swamp and marsh. Wear old running shoes. Follow the trail to the finish. $10.00 TO RUN. FREE YELLOW “MY ATTORNEY FIGHTS TO WIN” T­SHIRT AND ONE FREE DRINK TICKET FOR PRE REGISTRANTS. $13.00 DAY OF EVENT. VOLUNTEERS RECEIVE FOUR FREE DRINK COUPONS AND A YELLOW SHIRT! PLEASE BRING A CAN FOOD DONATION FOR THE ST. JAMES FOOD BANK. $5.00 FOR THE POST RUN SOCIAL HELD AT THE GREEN DERBY BAR, SITE OF THE "ON­ ON" BREWS. FREE BEER FOR WOMEN 21­69. A fun time is guaranteed! You must be over 21 years old to participate. No awards are given and no times are recorded. A sense a humor is a must. Prizes and giveaways at the post race party! Register online at

www.active.com. See info at www.njlaws.com/FREEZING_COLD_HASH_RUN.htm For details Call run “hare” Ken Vercammen (The runner in the red, white & blue flag shorts) at 732­572­0500 or email: kenvnjlaws@verizon.net DIRECTIONS: http://www.njlaws.com/directions_to_office.htm 1.3 miles from Edison Train Station Look for the Hash skull banner and guys in old running clothes.

Brought to you by the Rumson Hash House Harriers.

PLEASE PASS THIS ALONG TO OTHER RUNNERS. PLEASE REMIND THEM OF CANNED FOOD DONATIONS TO THE ST. JAMES FOOD BANK. 2008: the weather was 51° Two Beer & Spirit stops Photos: http://groups.msn.com/RumsonHash/freezingcoldhash2008.msnw 2007: the weather was 70°Photos: http://groups.msn.com/RumsonHash/freezingcoldhash2007.msnw 2006: the weather was 37° Photos: http://groups.msn.com/RumsonHash/freezingcoldhash2006.msnw? albumlist=2 Video: (News 12 TV Show) Freezing Cold Hash 2005: the weather was 41° and raining Photos: http://groups.msn.com/RumsonHash/freezingcoldhash2005.msnw 2004: the weather was 8° (really, really freezing cold)Photos: http://www.dotphoto.com/GuestViewImage.asp?AID=1280654&IID=38995334 2003: the weather was 5 inches of snow (Dismal Swamp, Edison) Video: (Cablevision ­ TV Show) Dismal Swamp ­ Edison 2002: the weather was 14 inches of snow Video (Cablevision ­ TV Show) Thomas Edison Park

3. New Year's Resolution ­ Put your estate planning in order.

You need a Power of Attorney and Living Will/ Advance Directive. Modern medicine and machinery can keep a person alive for long periods of time.

Unfortunately, a person is often kept alive in great pain or under circumstances that render him or her unconscious as to everything around them, while causing pain and anguish to the family.

Our state has passed a "Living Will" law, often called a "Death with Dignity" law, which allows a person to direct that heroic measures not be taken to prolong life in these unhappy situations.

This "Living Will" is not a substitute for a regular Will, which affects property rights. The "Living Will" is an independent document to be signed in addition to your regular Will.

Please let us know if you want a Living Will/ Advance Directive prepared.

Recent cases: 4. No automobile search exception if no exigent circumstances. State v. Owens (App. Div. Decided March 28, 2008) 14­2­0078, Unpublished.

On the state’s appeal from a Law Division order that suppressed drug evidence seized following a warrantless search of an automobile, the appellate court affirms.

Although the judge found that the police had probable cause not only to detain and arrest defendant, but also to search the vehicle, she concluded that the state failed to prove that the search fell within any of the exceptions to the warrant requirement. Particularly, she determined that (1) the search­incident­to­arrest exception was inapplicable because defendant had been detained in a courtyard, and then brought to the motor vehicle while in custody; (2) the automobile exception did not apply because, although the police had probable cause, there was an absence of exigent circumstances justifying the warrantless search; and, finally, (3) the drugs were not in plain view.

Source: 192 N.J.L.J. 53 5. No Restraining Order where calls are not harassing. A.G. v. R.A.C (App. Div. Decided May 12, 2008) 14­2­0471, Unpublished.

The trial court erred in granting a final restraining order because defendant’s four phone calls over four weeks after the parties ended their dating relationship, which were not anonymous, offensively coarse or made at extremely inconvenient times, do not establish harassment under N.J.S.A. 2C: 33­4a. Source: 192 N.J.L.J. 473