MAJOR REPORTED CASES & LAWS AFFECTING LAW
ENFORCEMENT, CRIMINAL & MUNICIPAL COURT
April 2026 | The New Jersey Police Chief Magazine 11
MAJOR REPORTED CASES & LAWS AFFECTING LAW
ENFORCEMENT, CRIMINAL & MUNICIPAL COURT
2025-2026
Kenneth Vercammen, Esq.
1. DWI hearings challenge to DWI Alcotest dismissed when lead defendant Cunningham does not want to pay for Experts 2. Attorney General memo to Prosecutions for DWI Alcotest 9510 machines 3. OK for police observation of defendant ' s entry of his passcode into his cell phone State v Ellison 4. Immigration enforcement officials can consider factors such as location, race, accent, language spoken and type of employment regarding stop Noem v. Vasquez-Perdomo 5. Warrant was not required here during an Active Fire with exigency State v. Caneiro 6. FRO reversed cyber-harassment under N. J. S. A. 2C: 14-14( a)( 1), because defendant did not commit a lewd act by bragging about her sexual prowess and did not threaten to inflict injury A. C. VS. R. S 7. No right to trial jury or insanity defense in 3 rd offense DWI State v Baverov 8. Substitute toxicologist permitted to testify based on another ' s toxicologist work State v. K. W.
9. Court has discretion to reject expert testifying remote State v Lansing 10. Failure to activate body worn cameras( BWCs) not a constitutional violation State v Seligman 11. Defendants in Domestic Violence case may invoke the privilege against self-incrimination in response to specific questions M. A. v. J. H. M 12. Automobile search exception for Police did not apply to backpack State v Bryant 13. Foreign Defendant permitted to appear virtual where not permitted in US State v Reyes-Rodriguez
1 DWI hearings challenge to DWI Alcotest dismissed when lead defendant Cunningham does not want to pay for Experts State v Cunningham withdrawal from challenge to new DWI Alcotest machine 9510 rendered dismissal of pending case.
Individual defendants in DWI cases can require State / Prosecutor to require expert testimony via a Daubert hearing.
Full Supreme Court Order at Criminal Law- Recent Cases Vercammen Law https:// njcriminallaw. blogspot. com / 2025 / 12 / cunningham-withdrawal-from-challenge-to. html
2 Attorney General memo to Prosecutions for DWI Alcotest 9510 machines Guidance on Prosecutions with Alcotest 9510 Instruments
The following instructions apply to all prosecutions utilizing the Alcotest 9510 breath-testing instrument to determine an individual’ s blood alcohol content(“ BAC”).
Previously Stayed Cases Pursuant to the Supreme Court’ s Order, dated December 19, 2025, the limited stay of 9510 DWI matters is lifted, and all matters should proceed in the normal course, including prosecutions relying on Alcotest 9510 readings.
The Law Remains Unchanged The Supreme Court dismissed the reliability challenge to the Alcotest 9510 presented in State v. Cunningham after defendant moved to withdraw her motion for a reliability hearing, and no other defendant or amici was willing to serve as the named party in the case.