March 28, 2022

Denial of suppression Mt where police had probable cause to stop car State v. Gibson

 Denial of suppression Mt where police had probable cause to stop car State v. Gibson

Defendant appealed his conviction for possession of a controlled dangerous substance and the denial of his motion to suppress evidence.


Defendant appealed his conviction for possession of a controlled dangerous substance and the denial of his motion to suppress evidence. Officer surveilling residence saw defendant exit house, approach a Buick, hand the driver an object, and saw driver hand defendant money. Officers stopped Buick, found 49 bags of heroin, stopped defendant's car and arrested him with $520 in cash. Officers returned to the residence, defendant's uncle signed a request to search defendant's bedroom and officers found 185 bags of heroin and 37 vials of cocaine. Trial judge denied the motion to suppress evidence from the Buick, but granted it as to the evidence seized from the residence. Defendant argued police lacked reasonable suspicion to stop the Buick. Court agreed. The only evidence presented was the experienced officer's good faith belief he had seen a drug deal. Without further corroborating evidence, the exchange the officer saw, in which he admitted he could not see what defendant gave Buick driver, was just as consistent with innocence as guilt. State's argument that trial judge erred during the hearing in suppressing evidence as to what street source told police was not before the court since State did not cross-appeal. source https://www.law.com/njlawjournal/almID/1641846059NJA341019/

Driver suspended for going 73 in 25 zone State v. Fish

 

Driver suspended for going 73 in 25 zone State v. Fish

Defendant appealed his convictions for reckless driving and operating an unregistered vehicle. Case Number: A-2027-18


Defendant appealed his convictions for reckless driving and operating an unregistered vehicle. Officers observed defendant participating in a car race in which both vehicles were traveling in excess of 75 miles per hour on a residential street with a speed limit of 25. Officers stopped both vehicles. Driver of other vehicle was arrested for an unrelated offense and defendant was issued summonses. Defendant pled not guilty in municipal court and chose to represent himself but was later appointed counsel. The case was relisted three times to allow defendant to request discovery from the State, but he never did so. Officers testified, court found them credible and found defendant guilty of both charges. Defendant's Law Division trial also found him guilty of both offenses and imposed the same sentence that had been imposed by the municipal court. Defendant argued State failed to timely provide discovery and municipal court abused its discretion in imposing a license suspension. Court found record showed defendant never made a proper request for officers' body cam or dash cam recordings, State did produce the recordings and defendant acknowledged receipt. Court found both judges' finding that defendant's conduct was willful and wanton was amply supported by credible evidence in the record. source https://www.law.com/njlawjournal/almID/1642019665NJA202718/

January 28, 2022

Annual Review of the Major Municipal Court Cases affecting Law Enforcement 2021-2022 March 2, 2022

 Annual Review of the Major Municipal Court Cases affecting Law Enforcement 2021-2022

March 2, 2022  at 12 noon

 Sponsored by Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFA at South Amboy Ancient Order of Hibernians AOH 271 2nd St, South Amboy, NJ 08879

  This is an opportunity for both Retired and active Police and Fire to meet members of Local 9 and receive a quick update in cases affecting law enforcement. The 15-minute discussion on recent cases will be followed by monthly meeting of Retired and active Police can also discuss issues regarding COLA and the pending legal battles in Trenton.

https://www.facebook.com/events/344815137497455/

       For information or membership in Local 9, contact President JohnLeo Fedorka <jlaf57@gmail.com> Retired Police & Fire Middlesex & Monmouth Local 9 meeting NJRPFA. This pre-business meeting is not limited to just Middlesex & Monmouth. Any interested active and retired law enforcement can attend the update on Municipal Court.  Please share

        Speaker: KENNETH VERCAMMEN, Esq. of Edison

                  Contributing writer for the NJ Police Chief Magazine

Editor: NJ Municipal Court Law Review      

 Past President Middlesex Municipal Court Prosecutors Assoc

NJRPFA welcomes all who have retired Honorably from these jobs, as well as those who support us as associate members. Thank You.                                                                                        

                                                                                                                      

New Jersey Retired Police & Firemen's Association, Inc. http://www.njrpfa.org

   About the NJ Retired Police and Firefighters Association, Local 9 of Middlesex and Monmouth Counties Local 9 NJRPFA.  The NJRPFA was established in 1987 to promote and develop a friendly spirit among its members, both retired and associate members. develop a friendly spirit among its members, both retired and associate members. Its main mission is to promote and encourage legislative action at the Federal, State and Municipal levels of government in protecting and improving the pensions. https://www.facebook.com/Retired-Police-Fire-Middlesex-Monmouth-Local-9-Njrpfa-981589945241076