NJ Laws Email Newsletter E293 January 21, 2009 Kenneth Vercammen, Attorney at Law 1. Recent cases: If Miranda not Honored, Statement Suppressed. State v. Burno Taylor 2. No Privacy on Work Computer. State v. M.A. 3. Juveniles can be Included on Prohibited List on Public Housing. In the Interest of X.B 4. Apparent Liability Rendered Hospital Liable for the Doctor’s Negligence Estate of Codero v Christ Hospital 5. Video & Legal podcast now on YouTube. The Kenneth Vercammen channel
1. Recent cases: If Miranda not Honored, Statement Suppressed. State v. Burno Taylor 400 NJ Super. 581 (App. Div. 2008) Because defendant's right to remain silent was not scrupulously honored, the trial court should have granted defendant's motion to suppress his statement. 2. No Privacy on Work Computer. State v. M.A. 402 NJ Super. 353 (App. Div. 2008) Defendant stole over $650,000 from his employer. A warrantless search of two workplace computers, conducted pursuant to the employer's consent, revealed evidence confirming the theft. Defendant appeals from the denial of his motion to suppress evidence seized from the computers, contending that he had a right to privacy in the personal information he stored in the computers. We concluded defendant had no reasonable expectation of privacy under the Fourth Amendment or the New Jersey Constitution in the contents of the computers, including the personal information. 3. Juveniles can be Included on Prohibited List on Public Housing. In the Interest of X.B. 402 NJ Super. 23 (App. Div. 2008) X.B., a juvenile, was arrested for trespassing on public housing property, despite being notified that he was on a list prohibiting him from being on the housing complex property. Following his adjudication as a delinquent, he appealed, arguing his inclusion on the list was unconstitutional as applied to him.