Ken Vercammen's NJ Laws email newsletter February 29, 2004 #149 In this issue: 1. Possession of Drugs on Exited Passenger Does Not Permit Search of Car. State v. Wilson 178 NJ 7 (2003). Consistent with the State and federal constitutions, a warrantless search is presumed invalid unless it falls within one of the recognized exceptions to the warrant requirement, and the State bears the burden of demonstrating that the search falls within one of those exceptions. The automobile exception to the warrant requirement requires that the State demonstrate both probable cause and exigent circumstances. Probable cause requires, in turn, that the police action emanate from a well-grounded suspicion that a crime has been or is being committed. The definition of probable cause used to evaluate a warrantless search is the same as for a search warrant. The ³four corners² concept applied to search warrants is applicable in the case of a warrantless search in that the trial court must decide whether the State has justified its warrantless conduct based on the ³four corners² of the evidence presented at the suppression hearing. 2. Parents Permitted To Attend Minor's Trial Even If They Are a Witness. State in the interests of V.M. 363 NJ Super. 529 (App. Div. 2003). The parent of a juvenile charged with acts of delinquency may not be sequestered from the juvenile¹s adjudicatory hearing even if the parent will be called as a witness. 3. Upcoming non profit events we are sponsoring, speaking at or attending: WILLS, PROBATE & ELDER LAW Changes in tax laws can help taxpayers and make probate easier! WHERE: Edison High School WHEN: Monday, March 15, 2004 7 - 8:30 P.M. SPEAKER: Kenneth Vercammen, Esq. (Author- Answers to Questions About Probate) Main Topics: 1. Wills 8. Federal Estate Tax/Capital Gains 2. Revocable Trusts 9. Home Equity Loans/Reverse Mortgage Irrevocable Trusts 10. Administering the Estate/ Probate/Surrogate 3. Power of Attorney 11. How to Hire an Elder Law Estate Planning Attorney 4. Living Will 5. Letters of Instruction 12. Question and Answer 6. Estate Planning 7. Federal HIPAA Regulations on release of medical info COMPLIMENTARY MATERIAL: Brochures and Hand-outs on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts. Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property as you wish and avoid many rigid provisions of state law. For more information on Elder law, visit the Website www.njlaws.com. You can also subscribe to the free email Elder Law newsletter by visiting the website. EDISON COMMUNITY ADULT SCHOOL. EDISON HIGH SCHOOL, 50 Blvd. of Eagles, Edison, NJ 732-452-4574 John Russell, Director Free for Edison Seniors who pre register $25 registration fee required for all others. To register, go to Edison Board of Education Office now at 312 Pierson Ave., Edison, NJ 08837 fax 732-452-4576 March 1 - University Scranton Pre-Law Seminar March 7 St Patrick Parade [Ride needed from East Brunswick area] March 16 - Mid Bar Goes Local - LaFontana, New Brunswick March 14 - Woodbridge St Patrick Parade- March 12 - Friendly Sons of St. Patrick dinner Friday March 14 - Equinox 20K charity race March 15 - Mid Bar Mun Bar meeting - Judge speaking March 15- Edison Wills 7:30 March 17 - Happy St. Patrick's Day March 27 - Edison Elks Installation March 29 - NJ Bar Mun Court Meeting- March 29 - Taste of Middlesex- "Quality is never an accident. It is always the result of hard work, sincere effort and skillful execution. With over 17 years if experience in accident, personal injury and insurance law, we offer comprehensive representation with professionalism and compassion" 4. New website articles added February 28 on www.njlaws.com Joint Bank accounts upon Death http://www.njlaws.com/joint_bank_accounts_upon_death.htm 5. GARAGE RENTAL SPACE AVAILABLE EDISON for storage of antique cars 2 spaces available $100 per month per space $175 for both spaces Call 732-572-0500 during business hours [No contractor vehicles. No repairs or cleaning permitted on site] _________________________ Thank you for reading our newsletter! God Bless America USA #1 Kenneth Vercammen, Esq. 2053 Woodbridge Ave. Edison, NJ 08817 NEW PHONE 732-572-0500 New (Fax) 732-572-0030 website: www.njlaws.com Editor's Note and Disclaimer: All materials Copyright 2003-2004. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included. Always schedule an office appointment with an experienced attorney when you have a legal matter. The Rules of Court limit an attorney's ability to discuss matters over the phone. If you have legal questions, you should schedule an in- office consultation. Removals handled by webmaster lonekeep.com. To remove, email back & type in subject remove. Removals are performed by the webmaster once per month.