David Spevack and Kenneth Vercammen Review of the Major
Municipal Court Cases 2016-2017 Middlesex County Bar Association Seminar MCBA
Tuesday,
November 21, 2017 Municipal Court Practice CLE
Seminar
2:00 PM until
4:00 PM
Where: Middlesex Bar Office 87
Bayard Street New Brunswick, New Jersey 08901
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1. DWI
Refusal notice withstands challenge. State v Quintero
443 NJ Super. 620 (App. Div. 2016)
2. Sup Mt denied where police looking in house
for missing dementia patient found pot plants State v Mordente
444 NJ Super. 393 (App. Div. 2016)
3. Police video is public record under OPRA
Paff v Ocean County Prosecutors Office
446 NJ
Super. 163 (App. Div. 2016)
4. Defense to refusal sometimes where
person medically unable to provide breath samples. State v. Monaco 444 NJ Super 539 (App. Div. 2016
5. No Jury trial for DWI. State v. Denelsbeck
223 NJ 103
(2016)
6. Police can stop for one
broken taillight out of 4
State
v. Sutherland
445 NJ Super.
358 (App. Div. 2016)
7. US Supreme Court permits DWI breath tests but
rejects blood test without warrant.
Birchfield v. North Dakota 136 S. Ct. 2160 (2016)
8. Out of state DWI counts for criminal driving
while suspended. State
v. Luzhak
445
NJ Super. 241 (App.Div. 2016)
9. Prosecutor must provide videotape and
audiotape plus names of officers from other towns involved in stop State
v. Stein 225 NJ 582 (2016)
10. Suppression granted where stop based only
for high beam not
affecting driving State v. Scriven
226
NJ 20 (2016)
11. NJ Supreme Court makes
“plain view” car searches easier especially when drug dealers go through
toll without paying and are pulled over with bricks of heroin in plain
view. State v. Gonzales __ NJ
__ (2016)
12. Driver with prior school zone DWI sentenced
as 2nd Offender. State v. Wheatley
447 NJ Super. 532
(App. Div. 2016
13. Town outside surveillance camera not subject
to OPRA but maybe subject to common law. Gilleran v. Township of
Bloomfield
14.
Twitter statement admissible in criminal trials. State v Hannah
448 NJ Super.
78 (App. Div. 2016)
15. No
obstruction charge for failure to provide DL for parking ticket. State
v Powers 448 NJ Super. 69 (App. Div. 2016)
16. School
Zone map admissible if properly authenticated State v. Wilson 227 NJ 34 (2017)
17
Municipal Court can stay DL suspension after DWI if appeal
State v. Robertson
228 NJ 138 (2017)
18.
DNA on towel not admissible without proper foundation and chain of
custody
State
v Mauti 208 NJ 519 (2017)
19.
Defendant’s furtive movement after car stop justified removal of
Passenger State v. Bacome 228 NJ 94 (2017
20. Plain
feel search not permitted with strip search for DP State v Evans 449 NJ Super. 66 (App. Div. 2017)
21 Dash cam video in fatal shooting
public record
North Jersey Media Group, Inc. v. Township of Lyndhurst
__ NJ __ 2017
a-35-15
21. Errors by police in warrant and search held
ok by court
State v Hamlett
22. Dash cam video in fatal shooting public
record
North Jersey Media Group,
Inc. v. Township of Lyndhurst
23.
Police have duty to preserve video and evidence
State v Richardson unreported
24. Mandatory DNA samples in serious
Municipal court criminal
Effective July 1, 2017 person who pleads
guilty to cds and assault criminal disorderly criminal offenses must
provide a DNA sample upon a guilty plea.
25. New Criminal rules effective Jan 1, 2017
26. New Expungement Law
New law effective April 18, 2016 for dismissed cases
This program has been approved by the Board on
Continuing Legal Education of the Supreme Court of New Jersey for 2.0
hours of total CLE credit. Of these, 2.0 credits qualify for
certification in municipal court law.
See more at:
https://www.facebook.com/events/139882687690127
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