Major Municipal Court and Criminal Cases parts 15-25

15. School Principal May Search Car on School Grounds if Reasonably Suspect Criminal Activity.
State v. Best 403 NJ. Super. 428 (App. Div. 2008)




16 Police could stop car based on call by daughter that father was drunk
State v. Amelio 197 NJ 207 (2008) 17. Passenger Pat down during traffic stop permitted if belief gang member is armed and dangerous
Arizona v Johnson




18. Arrest and Search by police based invalid arrest warrant does not suppress drugs & gun found
Herring v United States
129 S. Ct. 695 (2009)


19 Police did not need to readminister Miranda warnings
State v. Nyhammer
197 NJ 383 (2009)

20 Drifting within a Lane Supports DWI Stop by Cops
State v. Woodruff
403 NJ Super 620 (Law Div. Mercer 2008)

21. No sequestration of defense expert in DWI case
State v. Popovich 405 NJ Super. 324 (App. Div. 2009)
Defendant's conviction is reversed; the trial court erred when it ruled that defendant's expert was subject to a sequestration order and would not permit the expert to watch the trial testimony

22. Telephonic search warrants approved
State v. Juan Pena-Flores 198 NJ 6 (2009)

23. No search of passenger compartment of a vehicle incident to a recent occupant's arrest unless it is reasonable to believe that an arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest
Arizona v. Gant 07-542 4/21/09

24. Constructive possession is decision by trier of fact, not expert
State v. Reeds
197 NJ 280 (2009)




25. Judges are to consider and balance four factors in evaluating motions to withdraw a guilty plea
State v. Slater
198 NJ 145 (2009) Kenneth Vercammen was the 2008 Municipal Court Attorney of the Year by the Middlesex County Bar Association. He was selected one of only three attorneys as a Super Lawyer 2009 in NJ Monthly in the Criminal DWI category. Kenneth Vercammen was the NJ State Bar Municipal Court Attorney of the Year and past president of the Middlesex County Municipal Prosecutor's Association.

 He is the past chair of the NJ State Bar Association Municipal Court Section. He is the Deputy chair of the ABA Criminal Law committee, GP Division. He was a Municipal Prosecutor for 9 years and currently is a lecturer for the NJ State Bar Association on Criminal, Municipal Court and Litigation cases.

KENNETH VERCAMMEN ATTORNEY AT LAW
2053 Woodbridge Ave. Edison, NJ 08817 732-572-0500

NJ LAWS LEGAL WEBSITE: www.njlaws.com
Criminal website www.BeNotGuilty.com

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