NJ Laws Email Newsletter E303 May 7, 2009 1 Recent important cases. Passenger Pat down during traffic stop permitted if belief gang member is armed and dangerous Arizona v Johnson 2. Juvenile has no right to counsel during post-complaint interrogation 3 The NJSBA 2009 Annual Meeting and Convention Municipal Court programs are Thursday, May 14. 4. Upcoming charity races and community events 5. Kenneth Vercammen named Super Lawyer for 2009 in the Criminal Law- DWI practice area.
1 Recent important cases. Passenger Pat down during traffic stop permitted if belief gang member is armed and dangerous Arizona v Johnson 172 L. Ed. 2d 694 (2009) While patrolling near a Tucson neighborhood associated with the Crips gang, police officers serving on Arizona’s gang task force stopped an automobile for a vehicular infraction warranting a citation. At the time of the stop, the officers had no reason to suspect the car’s occupants of criminal activity. Officer Trevizo attended to respondent Johnson, the back-seat passenger, whose behavior and clothing caused Trevizo to question him. After learning that Johnson was from a town with a Crips gang and had been in prison, Trevizo asked him get out of the car in order to question him further, out of the hearing of the front-seat passenger, about his gang affiliation. Because she suspected that he was armed, she patted him down for safety when he exited the car. During the patdown, she felt the butt of a gun. At that point, Johnson began to struggle, and Trevizo handcuffed him. Johnson was charged with, inter alia, possession of a weapon by a prohibited possessor Held: Officer Trevizo’s patdown of Johnson did not violate the Fourth Amendment ’s prohibition on unreasonable searches and seizures.
2. Juvenile has no right to counsel during post-complaint interrogation State in the Interest of P.M.P. 404 NJ Super. 69 (App. Div. 2008) The court concluded a juvenile delinquency complaint, filed at the direction of a county prosecutor's office, is not the substantial equivalent of an indictment such that it initiates a formal adversarial proceeding and triggers a juvenile's right to counsel. The court reversed the trial court's extension of the protections of State v. Sanchez, 129 N.J. 261, 277 (1992) to juvenile proceedings. 3 The NJSBA 2009 Annual Meeting and Convention Municipal Court programs
are Thursday, May 14. If you haven't already registered, what are you waiting for? Don't miss the opportunity to earn up to 10 CLE credits at over 60 informative and timely programs. The NJSBA Municipal Court Section is sponsoring 4 seminars in one day on Thursday May 14, 2009 at the annual convention in AC. Get 6 credits plus breakfast and lunch for a one day fee: Register online now! Municipal Court Practice Track: (includes full day convention access to all other tracks, vendors, and food buffets Breakfast Buffet at Exhibition Hall Municipal Court Practice Section Municipal COURT TRACK 8:00 am - The Latest Cases and Court Rules in Municipal Court Thursday, May 14 8 - 9:30 a.m. Speaker: Kenneth Vercammen, Esq. Edison, NJ 10:00 am - DWI in the Age of Chun, 1.5 credits Speaker: Jeffrey Evan Gold, Esq. Luncheon Buffet at Exhibition Hall 1:00 pm - What to Look for in Alcotest Discovery, 1.5 credits Speaker: Arnold N. Fishman, Esq. 3:00 pm - Municipal Court Bench/Bar Forum. 1.5 credits Panelists: Hon. Joan Robinson Gross, P.J.M.C. Hon. Robert F. Schaul, JMC Hon. E. Ronald Wright, JMC Paris P. Eliades, Esq. Courter Kobert & Cohen, PC Jeffrey E. Gold, Esq. Deborah Veach, Esq. Municipal Prosecutor, Township of Teaneck Other important programs: -Equity Jurisprudence Committee Litigation TRACK (CHANCERY) Thursday, May 14
1 - 2:30 p.m.
Chancery judges and general equity practitioners will discuss a variety of topics, including foreclosure mediation, equity practice in the current economic crisis and other priceless tips for chancery litigators. Moderator: Alexandra V. Gallo, Esq., McElroy Deutsch, Mulvaney & Carpenter, LLP Speakers: Hon. Harriet Derman, P.J.Ch. Hon. Glenn Berman, J.S.C. Hon. Harriet Farber Klein, J.S.C. Frederick W. Alworth, Esq. Gibbons, PC Thomas P. Scrivo, Esq. McElroy, Deutsch, Mulvaney & Carpenter, LLP Kevin M .Wolfe, Esq. Chief Civil Practice Liaison, Administrative Office of the Courts -Prosecuting and Defending the Police Officer Criminal Law Section Litigation TRACK (CRIMINAL) Thursday, May 14
3 - 4:30 p.m.
Moderator: Robert Brass, Esq. Picillo Caruso Pope Edell Picini, PC Speakers: Paul J. Bradley, Esq. Supervising Assistant Prosecutor, Essex County Prosecutor's Office Kevin P. McCann, Esq. NJSBA Treasurer John L. Molinelli, Esq. Bergen County Prosecutor Brian J. Neary, Esq Anthony J. Pope, Esq. Picillo Caruso Pope Edell Picini, PC It's not too late! There's still time to register. Don't get left behind! Register Online NOW! View the Annual Meeting Promotional Flyer 4. Upcoming charity races and community events 5/16/09 CASA Kids 5K Run 9am Princeton Pike Corporate Center 1009 Lenox Drive Lawrenceville, NJ 08648 When you register, write down under the team category- "RVRR." May 16, 2009 Commotion By The Ocean Rumson Hash- Seaside & Toms River, NJ What You Get: Give-A-Ways, i.e., Commemorative T-Shirt and more. Free beer http://rumsonhash.multiply.com/
May 20
Middlesex County Bar- Installation Dinner See Bright Armory
May 22 Memorial Day Friday “Legends of Belmar Night” Friday Join Ken V and friends the Friday night before race for "Legends Night" in Belmar at D’Jays, Bar A & Columns. Start approx 5pm. Leave work early May 23
Spring Lake 5 mile race 8:30
5. Kenneth Vercammen named Super Lawyer for 2009 in the Criminal Law- DWI practice area. ABOUT SUPER LAWYERS Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. Super Lawyers is published as a special supplement in leading newspapers and city and regional magazines across the country. Super Lawyers magazine, featuring articles about attorneys named to the Super Lawyers list, is distributed to all attorneys in the state or region, the lead corporate counsel of Russell 3000 companies and the ABA-approved law school libraries. Polling, research and selection are performed by Law & Politics, a publication of Key Professional Media, Inc. Law & Politics has been publishing legal magazines since 1990 and Super Lawyers since 1991. Super Lawyers magazine names attorneys in each state who received the highest point totals, as chosen by their peers and through the independent research of Law & Politics. Super Lawyers magazine is published in all 50 states and reaches more than 13 million readers.
SUPER LAWYERS SELECTION PROCESS OVERVIEW In selecting attorneys for Super Lawyers, Law & Politics employs a rigorous, multiphase process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. The Super Lawyers selection process involves three basic steps: creation of the
candidate pool; evaluation of candidates by the research department; and peer evaluation by practice area.
PUBLICATION The final published list represents no more than 5 percent of the lawyers in the state. The lists are published annually in state and regional editions of Super Lawyers magazines and in inserts and special advertising sections in leading city and regional magazines and newspapers. All attorneys selected for inclusion in Super Lawyers, regardless of year, can be found on superlawyers.com. http://www.superlawyers.com/new-jersey/lawyer/Kenneth-AVercammen/73f0b3a6-71c1-4ae1-a5d0-803ddb2739a9.html