E372 1. Recent Cases:Police Should Not Destroy Initial Notes. State v. W.B. 205 NJ 588 (2011) 2. Officer Not Always Permitted to Render Opinion. State v. McLean 205 NJ 438 (2011) 3. Spanish Refus

by Kenneth Vercammen, Esq.

Greetings Kenneth Vercammen,

1. Recent Cases: Police Should Not Destroy Initial Notes. State v. W.B. 205 NJ 588 (2011)

After producing their final reports, law enforcement officers may not destroy contemporaneous notes of interviews and observations at the scene of a crime. Our criminal discovery rules provide for discovery of all statements of witnesses and police reports that are "in the possession, custody and control of the prosecutor." Rule 3:13-3 encompasses the writings of any police officer under the prosecutor's supervision as the chief law enforcement officer of the county. If a case is referred to the prosecutor following arrest by a police officer, or on a complaint by a police officer, local law enforcement is part of the prosecutor's office for discovery purposes. Implementation of this retention and disclosure requirement is deferred for thirty days to allow prosecutors sufficient time to educate police officers. Thereafter, if an officer's notes are lost or destroyed before trial, a defendant, upon request, may be entitled to an adverse inference charge molded to the facts of the case.

2. Officer Not Always Permitted to Render Opinion. State v. McLean 205 NJ 438 (2011)

The opinion offered by the officer does not meet the requirements needed to qualify it as a lay opinion and permitting the officer to testify about his opinion invaded the fact-finding province of the jury. This case involved a drug dealing conviction where a detective, after testifying about transactions seen from an unmarked car while on undercover drug surveillance, opined that they were narcotics sale.

3. Spanish Refusal Language Required Retroactively. State v Rodriquez-Alejo 419 NJ Super. 33 (App. Div. 2011)

The court afforded State v. Marquez, 202 N.J. 485 (2010) pipeline retroactivity and reversed a breathalyzer refusal conviction because the Spanish-speaking defendant was not read the standard form information in Spanish. Although not raised on appeal, the court also noted that the conviction was flawed pursuant to our recent holding in State v. Schmidt, 414 N.J. Super. 194 (App. Div.2010), because he was not read the second portion of the standard form when he did not produce a sufficient breath sample.

4. Thank you to the Friends and Clients who attended our Summer Happy Hour

Friday, July 8. We plan on making this party down the shore an annual event.

5. Next Events:

7/23/11 Ocean Grove Biathlon 2M run, 300yd swim Ocean Grove fast short event. 9am

7/26/11 Tuesday night Raritan Valley Road Runners RVRR 5k summer series New Brunswick Buccleuch Park pizza

7/30/11 Sea Girt 1 mile swim

7/30/11 Parker House Fun Run & Beer Party Sea Girt, NJ July 24, 2010 2 mile 9:47 free beer

7/31/11 JFK Hospital Roosevelt Park 5k Edison 9am

8/13 Asbury Park 5k 8:30 jsrc.org [You can do both the Triathlon and 5k in same morning]

8/14/11 Ray Licata Long Branch Ocean Mile Swim 1 mile, & 100 yards for kids, 8am Long Branch NJ 8am

8/20 Bradley Beach 5k

8/28/11 CJRR Fall Classic 8:30 Cranford

Elder Law, Estate Planning & Probate- New ideas to expand & excel your practice

Saturday, August 6, 2011 at 2:00pm - 3:30pm

Metro Toronto Convention Centre

ABA Annual Meeting Toronto, Canada

Learn from nationally recognized experts on using new techniques to improve service to Elder Law & Estate clients. Forms & briefs will be provided to all attendees.

Tentative Speakers: Jay Foonberg, Esq. - Author of Best Sellers "How to

Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA

Kenneth A. Vercammen, Esq. - co-author "Nuts & Bolts of Elder Law", Edison, NJ

Parag Patel, Esq. Iselin, NJ

Elder Law program Primary Sponsors: General Practice Section

Co-sponsors: ABA Commission on Law & Aging, Health Law Section, YLD, Senior Lawyers Division, Real Probate & Trust Section, Tax Law Section


Getting referrals from other professionals

The aftermath of the Terry Schiavo case and Living Wills.

Forms you can use

Email newsletters

How to manage telephone conversations with your clients

Marketing with written fee agreements

-Ethics and marketing without violating the Rules of Professional Conduct

Elder Law may be the biggest practice area of your career. There are 50,000 baby boomers/ day turning 60 and soon to be on Social Security and will need legal advise. Elder Law is one of the biggest growth fields.

[Contact Kenneth Vercammen, Esq. for program information 732-572-0500]

Contact American Bar Association's ITS at 800-421-0459 for ABA meeting registration


Editorial Assistance provided by Katarina Kozakova. Ms. Kozakova will be entering her senior year at Rutgers University and is currently participating in Kenneth Vercammen's summer internship program.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Kenneth Vercammen, Esq., Kenneth Vercammen & Associates, PC | Attorney Advertising

Written by:

Kenneth Vercammen, Esq.

Kenneth Vercammen & Associates, PC on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.