Top Municipal Court Cases and Laws 2020-2021 Kenneth Vercammen , Esq ., Edison , NJ
The New Jersey Police Chief Magazine | March 2022
1 . Marijuana Decriminalization What is legal 2 . Distribution one ounce or less or possession of larger amounts 3 . The odor of marijuana or hashish , either burnt or raw , by itself no longer establishes “ reasonable articulable suspicion 4 . Special Rules on pot for persons Under the Age of 21 5 . AG Directive 2021-1 Pending Cases are to be dismissed . 6 . AG Directive : Pot Cases already resolved : Vacate plea or Conditional Discharge 7 . What can an officer do if they smell marijuana coming from a vehicle during a motor vehicle stop ? 8 . May an officer initiate or continue a pedestrian stop of an individual based on the officer detecting the odor of marijuana ? 9 . What police can ’ t do if smell pot or alcohol with person under 21 10 . The failure of police to advise the defendant of the charges against him will result in a suppression of his statement despite Miranda State v Sims 11 . Mere report of black males robbing 7-11 not sufficient to stop car with black males in it State v Nyema 12 . Court here rejects protective sweep where defendant handcuffed State v Radel 13 . Sealing of Certain Marijuana Records Pursuant to N . J . S . A . 2C : 52-5.2 14 . Directive 08-21 , also Process to obtain Certification of Expungement in Pot cases See https :// www . njcourts . gov / notices / 2021 / n210830a . pdf ? c = ptW 15 . No Insurance Penalties 39:6B-2 . No more mandatory suspension 16 . No more license suspensions for Failure to Appear FTA 17 . NJ Judiciary ’ s Online Dispute Resolution ( ODR ) to try to resolve with prosecutor online 18 . Car Passenger can ’ t be asked demanded for ID State v Boston 19 . Expungement Law changes procedures for expunging criminal records : fill in blank form online 20 . Lewd gestures to home camera could be violation of TRO State v EJH 21 . In new science such as DNA , defendant can have scientific evidence such as machine software source code . State v Pickett 22 . Court indicated parked car in parking lot of open store with engine running is operation and can be DWI State v . Thompson 23 . No more pretextual stop for license plate holder partially obstructing Garden State . State v Roman- Rosado 24 . Complete covering of Garden State on plate permitted stop State v . Carter 25 . Member of LLC can ’ t be charged with ordinance violation State v Ehrman 26 . Hearings on Drug Recognition Evaluation evidence going on now before Judge Lisa , the Supreme Court had remanded State v Olenowski 27 . Cassidy cases require a PCR petition online Supreme Court ruled Breath test results produced by Alcotest machines are inadmissible tested by Tpr Dennis 28 . Second patdown permitted where belief armed State v Carrillo 29 . NJ recently made Magic mushroom use or possession now only a disorderly offense 30 . OPRA could apply to criminal & DWI complaints Simmons v . City of Millville 31 . New Refusal statute not retroactive to arrests prior to 12 / 1 / 19
State v Scudieri
1 . Marijuana Decriminalization What is legal ?
The Governor on February 22 , 2021 signed three bills changing the legal status of marijuana . These laws , which went into immediate effect , create a two-tier framework :
• Regulated cannabis . W hen the substance is bought , sold , and used under certain conditions , it is treated as “ regulated cannabis ” and fully legal in New Jersey . However , regulated cannabis will not be available for several months until a new government body , the Commission , issues rules governing its use . Legal amounts for Marijuana The follow ing conduct no longer violates state law :
• Simple possession of 6 ounces or less of marijuana , 2C : 35-10 ( a )( 4 )( b );
• Simple possession of 17 grams or less of hashish , 2C : 35-10 ( a )( 4 )( b );
• Being under the influence of marijuana or hashish , 2C : 35-10 ( b );
• Failure to properly dispose of marijuana or hashish , 2C : 35-10 ( c );
• Possession of paraphernalia for marijuana or hashish , 2C : 36-2 ; and
• Possession of marijuana or hashish as a motor vehicle operator , 39:4-49.1 .
2 . Distribution one ounce or less or possession of larger amounts
As part of these revised thresholds , the law creates a new framework for individuals who distribute 1 ounce or less of marijuana or 5 grams or less of hashish :
• First offense . Officers shall issue a w ritten w arning to individuals for their first offense . Law enforcement agencies will need to build new mechanisms to track the issuance of such warnings .
• Second or subsequent offense . I ndividuals w ho engage in a second or subsequent violation of the statute are subject to a complaint-summons for a fourth-degree crime . 1 Under the new law , the prohibitions against distribution of marijuana also apply to possession with intent to distribute marijuana .
In addition to these changes , law enforcement officers may no longer detain , arrest , or otherwise take into custody an
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