E315 September 23, 2009

E315 September 23, 2009 1. If Emergency Call, Police Can Enter and Seize Item in Plain View. State v.

O’Donnell 408 NJ Super. 177 (App. Div. 2009) Evidence observed in plain view during a police entry into a residence to provide emergency aid may be seized without a warrant even though there is a short delay between the emergency aid entry and the seizure of evidence by other police officers responsible for processing the crime scene.

2. School Officials Cannot Search Child’s Underwear for Drugs. Safford Unified School. Dist. No. 1. v. Redding 129 S.Ct. 2633

(2009) In a 42 U.S.C. section 1983 action alleging an unlawful search of a student, the denial of summary judgment based on qualified immunity is affirmed where the search of Plaintiff's underwear violated the Fourth Amendment because the facts did not give school officials reasonable suspicion to search her underwear.

3.

Judge Can Suspend DL for Traffic Offense. State v. Moran 408 NJ Super.

412 (App Div. 2009)

The Court rejects the constitutional and repeal by implication (though the subsequent creation of the motor vehicle point system) challenges to N.J.S.A. 39:5­ 31, which authorizes, without standards or limits, driver's license suspensions for willful motor vehicle violations.

4. Termination of Child Support upon Emancipation in New Jersey

Child support is usually paid through a wage withholding garnishment at the parent's job.

Child support orders and wage withholding continue forever against you until a Superior Court Judge signs a Formal Court Order terminating or modifying support. It is not sufficient for you to simply wait for a child to finish school. Many Divorce decrees and Property Settlement Agreements state that child support will end upon emancipation. For example, the term "emancipation" is sometimes defined as follows: (i) The completion of the child's formal education on a matriculated basis, whether it be graduation from a four year undergraduate

school or high school, it being understood that so long as the child is diligently pursuing his formal education through a four year undergraduate college education and obtaining passing grades the child shall not be considered emancipated. (ii) Upon the completion of any of the aforesaid segments of the child's education, and upon the failure to commence the next segment of his education, or upon leaving school, the child shall be deemed emancipated unless failure to continue on with his education has resulted from injury or illness or some other cause beyond the child's control. (iii) The marriage of the child. (iv) Entry into the military or armed forces by the child.

Your attorney can draft the appropriate Motion to terminate child support if the child is emancipated. You will need to provide your attorney with relevant papers including a copy of the Final Judgment for Divorce, any other Child Support Orders, copy of birth certificate if available, proof of graduation from school or working full time, etc. Sometimes the child support recipient, usually the mother, will sign a Consent Order which your attorney can file without the need for a formal Motion. However, generally a Formal written Notice of Motion must be filed in the County Superior Court where the child support Order was entered.

The requirements of the Motion are detailed and must include the correct filing fees.

Child support does not end merely if the child reaches 18 and graduates high school. Most child support Order continue child support if the child is in college full time. However, don't give up. In the unreported Appellate Division decision of Kozak v Kozak __ NJ Super. __ (App. Div. decided January 9, 2003) the court reduced child support during the period of time the child resided at the college campus. The judge properly determined it was appropriate to calculate child support only for the period of time the child was not residing at college.

More information at http://www.njlaws.com/term_of_child_support_upon_emancipation.htm 5. Next Community events and races 9/26/09 Metuchen YMCA 5k 8:30 Garbolino 5k run at Roosevelt Park 9/26 Monroe 5k 9/26/09

Edison Fall Festival

9/26 Jersey Shore JSRC Relay 9/27 Treasure Island Sprint Triathlon 600 meter swim, 10.5­mile bike, 3 mile run, Pt Pleasant NJ 9/27 Bishop Ahr HS 5k 12 noon 1 Tingley Ln, Edison 9/27/09 Oysterfest Asbury Park 10/3 Metuchen Fair 10am Oct 3­ Sea Bright The TASTE OF SEA BRIGHT (Trolley Hop) , as this event will sell out quickly. Only 1000 tickets will be sold.

Eventgoers ride the trolley and hop to 20 different stops for samplings of food, drinks, cocktails, door prize drawings, and incredible free giveaways!

EVENT DATE: Saturday, Oct. 3, 2009 TIME: 11:30 a.m. ­ 5:30 p.m.

(Trolley and busses will run until 6:30)

Ticket cost: $40 ­ ALL INCLUSIVE. Includes admission bracelet, map/passport, all food, drinks, cocktails, unlimited trolley/bus rides throughout the event ­ and you'll even get a complimentary SBBA backpack to carry all the goodies you'll receive from the stops on the map!

On the day of the event, park in Sea Bright (designated parking areas are indicated on your map/passport) and visit the stops in ANY order you wish , at any time between 11:30 and 5:30 p.m. on the day of the event. This year, we will have a trolley and 2 busses continuously loop the course, dropping you off and picking you back up at each stop. By the time you've had a complimentary drink and food sampling, the trolley/bus will be back around to pick you up and take you to your next stop. Where

else can you spend an entire afternoon eating, drinking, receiving free give­aways and having fun with your friends for only $40? The event ends at 5:30 pm, but the trolley and busses will continue to provide free transportation until 6:30 p.m. www.visitseabright.com/taste­of­sea­bright­trolley­hop.html

10/4 Clamman Triathlon Berkeley Twp Triathlon Jersey Shore Tri Club 7am