Ken Vercammen's NJ Laws email newsletter September 14, 2004 #162 In this issue: 1. If suspect admits police to home, plain view searches are permitted 2. No Pre Trial Intervention and Dismissal if guilty plea is made. 3. DWI Driver cannot be sentenced an 2nd time school zone offender unless he had a prior school zone conviction. 4. Employees can't steal clients or take confidential info 5. New articles on website: civil, Criminal, Elder, litigation articles added to website www.njlaws.com __________________________ 1. If suspect admits police to home, plain view searches are permitted. State v. Pineiro 369 NJ Super. 65 (App. Div. 2004). If a suspect voluntarily admits the police into his residence, this entry does not constitute a search, and if the investigators then observe evidence or contraband in plain view, they may seize the evidence or contraband provided the seizure can be made without intruding into a constitutionally protected area. 2. No Pre Trial Intervention and Dismissal if guilty plea is made. State v. Frangione 369 NJ Super. 258 (App. Div. 2004). Defendant is not entitled to reconsideration of her application for enrollment into the pretrial intervention (PTI) program when she pleads guilty to third-degree possession of a controlled dangerous substance in exchange for dismissal of a count charging second-degree possession with intent to distribute. 3. DWI Driver cannot be sentenced an 2nd time school zone offender unless he had a prior school zone conviction. State v. Reiner __ NJ ___ (A-45-03) (Decided July 7, 2004). HELD: Subsection (a)[regular DWI] and (g)[school zone DWI of N.J.S.A. 39:4-50 are separate offenses; therefore, in order to be sentenced as a second-time offender under subsection (g), there must be another prior school zone conviction against the defendant under that subsection. Therefore, the statute must be construed strictly against the State and in favor of Reiner. Under the circumstances here, the more favorable result for Reiner would be to construe subsection (g) as a separate offense that requires other subsection (g) convictions for repeat status to attach. In respect of the subsection (g) offense, Reiner is a first-time offender. He is a repeat offender only under subsection (a). ______________ 4. Employees can't steal clients or take confidential info Lamorte Burns & Co., Inc. v. Walters (A-26-00, ). By secretly collecting confidential and proprietary client information while employed by Lamorte Burns & Co., Inc. and using the data to solicit and take away Lamortešs clients immediately after resigning, Michael Walters and Nancy Nixon breached their duty of loyalty, tortiously interfered with Lamortešs economic advantage, misappropriated confidential and proprietary information and competed unfairly. [It is recommended by most attorneys that employers have their new employees sign a covenant not to compete and to keep materials confidential] 5. New articles on website: civil, Criminal, Elder, litigation articles added to website www.njlaws.com Liability for Fall downs in Parking Lots of Commercial Premises http://www.njlaws.com/liability_for_fall_downs_in_parking_lots_of_commercial_premises.htm Felony and crimes in New Jersey http://www.njlaws.com/felony_and_crimes_in_NJ.htm 2C:18-3 Defiant Trespass http://www.njlaws.com/defiant_trespass.htm ATRA Alcohol Treatment and Rehabilitation Act NJSA 26:2B-17 http://www.njlaws.com/alcohol_treatment_and_rehabilitation_act.htm Estate Planning for Parkinson Patients & Guardianship of Disabled Adults http://www.njlaws.com/estate_planning_for_parkinson_patients.htm ________________________________________________ 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 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.