E313 August 27, 2009 1. Warrantless Search to Check on Unattended Child Permitted Under Community Caretaking. State v. Bogan 200 NJ 61 (2009) The police officer’s warrantless entry into an apartment for the purpose of taking the telephone from an unattended child to speak with his parent was justified by the community caretaking doctrine because the officer had a duty to identify a responsible adult for the child and to ensure his safety. Because the officer was lawfully on the premises when he observed in plain view defendant, who fit the suspect’s description, he had a right to direct his fellow officers to question defendant. Defendant’s Mirandized statements in response to questioning were properly admitted at trial. 2. Refusal Stands Even if Driver Does Not Understand English. State v. Marquez 408 NJ Super. 273 (App. Div. 2009) The police have no constitutional obligation to translate into Spanish the standard statement under the breathtest refusal statute, N.J.S.A. 39:450.2(e), to a licensed New Jersey driver arrested for drunk driving who does not understand English. The court reaffirms the Law Division's holding in State v. Nunez, 139 N.J. Super. 28, 3233 (Law Div. 1976), that no such translation is required. However, we recommend that, as an administrative matter, the Motor Vehicle Commission prospectively consider having the standard statement translated into Spanish and perhaps other prevalent foreign languages.
4. Fun Upcoming Running Races 2009 Selected by Kenneth Vercammen 8/29 Ray Licata Long Branch Ocean Mile Swim 1 mile, & 100 yards for kids, 8am Branch NJ 8am 8/30 CJRR Fall Classic 8:30 Cranford 8/30/09 RVRR Picnic 9/6/09 Jimmy D 5k New Brunswick 9am free beer 9/6 Woodbridge 5k 9am 9/7 So Plainfield 3m 9/7/09 Monday Pier House 5k 9/12 Cranbury Day 5k 9am 9/13/09 Seaside Triathlon 7am
9/13 JSRC Picnic at Monmouth Park Racetrack
5. New Legal Video on YouTube Self Defense Law and defense against Assault charges http://www.youtube.com/watch?v=us_SPKNFICs&feature=channel_page
3:12 Assault Simple Assault and Aggravated Assault http://www.youtube.com/watch?v=Aghg4IQLiRY&feature=channel_page DWI Questions on Field Sobriety tests and arrest