Municipal Court Update – The Latest Information for New Jersey Practitioners October 27 Arizona Biltmore Phoenix 8:30-9:45 a.m.
MODERATOR/SPEAKER:
Kenneth Vercammen, Esq.
Past Chair Municipal Court Section
SPEAKERS:
Hon. Paris P. Eliades, J.M.C., Hardyston, Sparta Municipal Court, NJSBA Past President
Hon. Timothy F. McGoughran, J.M.C., Ocean Twp Municipal Court, NJSBA First Vice President
Hon. Harry D. Norton Jr., J.M.C., Pascack Joint Municipal Court Montvale
Kimberly A. Yonta, Esq., NJSBA Immediate Past President
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Top Municipal Court Cases and Laws 2020-2021 to be discussed
1. Marijuana Decriminalization What is legal
2. Distribution one ounce or less or possession of larger amounts
3 The odor of marijuana or hashish, either burnt or raw, by itself no longer establishes “reasonable articulable suspicion
4. Special Rules on pot for persons Under the Age of 21
5. AG Directive 2021-1 Pending Cases are to be dismissed.
6. AG Directive: Pot Cases already resolved: Vacate plea or Conditional Discharge
7. What can an officer do if they smell marijuana coming from a vehicle during a motor vehicle stop?
8 May an officer initiate or continue a pedestrian stop of an individual based on the officer detecting the odor of marijuana?
9 What police can’t do if smell pot or alcohol with person under 21
10. The failure of police to advise the defendant of the charges against him will result in a suppression of his statement despite Miranda State v Sims
11. Mere report of black males robbing 7-11 not sufficient to stop car with black males in it State v Nyema
12 Court here rejects protective sweep where defendant handcuffed State v Radel
13 PTI can’t be conditioned on jail time State v Chen
14. NJ Judiciary’s Online Dispute Resolution (ODR) to try to resolve with prosecutor online
15 New Expungement Laws makes expungement more available.
16 Lewd gestures to home camera could be violation of TRO State v EJH
17 In new science such as DNA, defendant can have scientific evidence such as machine software source code. State v Pickett
18 Court writes parked car with engine running is operation and could be DWI. State v. Thompson
19 The Supreme Court remanded State v Olenowski to a Special Master for a Frye Hearing on the reliability and admissibility of Drug Recognition Evaluation DRE evidence in a DWI under influence of a drug.
20 Status of State v Cassidy after Supreme Court ruled Breath test results produced by Alcotest machines are inadmissible tested by Tpr Dennis [if not calibrated using a NIST-traceable thermometer ]
21 US Supreme Court ruled that it was reasonable under the Fourth Amendment for a police officer to make a traffic stop after running the license plate of a vehicle and learning that the owner’s driver’s license has been revoked Kansas v Glover
22 Can court sentence as a first offender of DWI with offense prior to Dec 1, 2019 to with new sentencing provisions concerning driving privilege forfeiture [“DPF”] and alcohol ignition interlock device [“AIID”] installation in effect as of December 1, 2019?
Unreported said no
23. NJ recently made Magic mushroom use or possession now only a disorderly offense, was previously a 3rd degree crime.
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