The New Jersey Police Chief Magazine | March 2022
Continued from previous page task force charged with studying the technological , fiscal , and practical issues and challenges associated with such a system .
Further , the bill requires that low-level marijuana convictions be sealed upon the disposition of a case , preventing those convictions from being used against those individuals in the future . It also makes numerous other changes to existing expungement procedures , including the creation of an e-filing system that would eliminate filing fees to petition for an expungement . Read my friend Allain Marian ’ s website .
20 . Lewd gestures to home camera could be violation of TRO State v EJH 466 N . J . Super 32 ( App . Div . 2021 )
In this appeal , the Appellate court considers whether words and gestures directed to a domestic violence complainant , by way of a consensually-activated home security camera , violated the strictures of the restraining order issued under the Prevention of Domestic Violence Act ( Act ), N . J . S . A . 2C : 25-17 to -35 .
Although the restraining order did not expressly prohibit defendant from directing remarks to – or making gestures at – his estranged wife via the home security camera , the order expressly prohibited defendant from " having any oral " or " electronic , or other form of contact or communication with [ her ]."
Because defendant directed his comments and gesture to his estranged wife , by way of a camera that was specifically activated so that she could observe his parenting time , defendant was aware of the high probability that she would hear his comments and observe his lewd gesture .
The Appellate court vacated the dismissal and remanded for reinstatement of the complaint and for a hearing on the merits .
21 . In new science such as DNA , defendant can have scientific evidence such as machine software source code . State v Pickett 466 N . J . Super . 270 ( App . Div . 2021 )
In this case of first impression addressing the proliferation of forensic evidentiary technology in criminal prosecutions , this appeal required the Appellate court to determine whether defendant is entitled to trade secrets of a private company for the sole purpose of challenging , at a Frye hearing , the reliability of science underlying novel DNA analysis software and expert testimony . Frye v . United States , 293 F . 1013 ( D . C . Cir . 1923 ).
At the hearing , the State produced an expert who relied on his company ' s complex probabilistic genotyping software program to testify that defendant ' s DNA was present , thereby connecting defendant to a murder and other crimes . So long as the State utilized the expert , this court held that defendant is entitled to the discovery of the software ' s proprietary source code and related documentation under a protective order .
22 . Court indicated parked car in parking lot of open store with engine running is operation and can be DWI State v . Thompson 462 NJ Super . 270 ( App . Div . 2020 ) cert denied
In this appeal , the court held that an intoxicated defendant asleep and behind the wheel of a parked motor vehicle with its engine running is " operating " the vehicle within the meaning of N . J . S . A . 39:4-50 ( a ).
Defendant appealed from his convictions for DUI and refusing to submit to a breath test . Defendant argued that the state failed to present sufficient evidence to prove the statutory element that defendant was " operating " his vehicle under the influence of alcohol or that he had a conscious intent to do so . The court rejected defendant ' s argument and affirmed his conviction . The court noted that the evidence at trial showed that police were called to a convenience store where defendant was observed sleeping in his car with the engine running . As officers woke defendant , they noticed the strong odor of alcohol on his breath . Defendant acknowledged to officers that he had " a couple of drinks ." After failing field sobriety tests , defendant was arrested .
At the police station , defendant acknowledged that he had prescriptions for methadone , hydrocodone , Xanax , and Cymbalta and that he had consumed two alcoholic drinks within a three hours period . The court held that this evidence was sufficient for the factfinder to concluded that defendant was intoxicated while sleeping behind the wheel of his vehicle . The court ruled that defendant was " operating " his vehicle since operation of a motor vehicle could include sitting or sleeping behind the wheel of a vehicle with the engine running , even if the vehicle is not observed in motion . Finally , the court found defendant ' s other contentions on appeal to have insufficient merit to warrant discussion .
Source : Daily Briefing , an exclusive New Jersey State Bar Association member benefit , in partnership with the New Jersey Law Journal . Join the NJSBA for this benefit ! https :// www . law . com / njlawjournal / almID / 1581570609NJA190919T /
23 . Partially Obstructed License Plate Does Not Justify Car stop State v . Roman-Rosado NJ Supreme
To avoid serious constitutional concerns , the Court interprets the statute narrowly and holds that N . J . S . A . 39:3-33 requires that all markings on a license plate be legible or identifiable . If a frame conceals or obscures a marking in a way that it cannot reasonably be identified or discerned , the driver would be in violation of the law . In practice , if a registration letter or number is not legible , the statute would apply ; but if a phrase like " Garden State " is partly covered but still recognizable , there would be no violation . A-67-19
23
Continued on next page