Asbury Park DWI Checkpoint for August 15, 2008

Asbury Park — Law Enforcement Officers who compose the DWi task force in Monmouth County will hold a checkpoint tonight to stop and arrest drivers under the influence of alcohol and/or drugs.

The time of the roadblock will be from 11:00 p.m. tonight through 3:00 a.m. on Saturday, August 2, 2008 along the southbound lanes of Main Street. The task force officers and Asbury Park police officers will stop cars, trucks and buses from aforementioned lanes into the Asbury Municipal Complex to ensure the driver's sobriety.

By. Thomas H. Martin

www.thomasmartinlaw.com

Jimmy Erving Turns His Brother Into Police!

Long Branch-NJ. In this week's "Court of Public Opinion" we ask the readers to comment on the unfortunate and tragic incident that resulted in the death of Nikki Leake and murder charges being filed against John Erving in Long Branch. This past Sunday, Jimmy Erving brought John Erving to the Long Branch police to address the murder of Nikki Leake. Jimmy's actions have generated a backdraft of criticism from friends and family.

Specifically, Jimmy stated, "I'm not saying it was easy, he's my brother, but what am I supposed to do?" ... "When Johnny came to me Sunday he knew he had to give himself up. He knew he had to go in. Basically he was scared to death. He needed somebody by his side to make him feel comfortable. I did what a brother does." Jim Erving, as set forth by the Asbury Park Press, said John stated he stabbed Leake after she had came at him with a knife after an argument over a six pack of beer.

Questions for Comments.

What would you have done if you were in Jim Erving's shoes?

Does Jim Erving deserve the backlash that he received for leading his brother to the police?

Will John Erving's trial attorney be successful in mounting a self-defense claim based upon the idea that Nikki Leake was the aggressor, in the event this matter is tried?

Thomas H. Martin, Esq.

www.thomasmartinlaw.com

 

Drug Arrest Follows Equipment Violation

LAKEHURST, NJ: A resident of Toms River was arrested and charged with N.J.S.A. 2C:35-10 and N.J.S.A. 2C:36-2, which are possession of less than 50 grams of marijuana and possession of paraphernalia after being stopped for an equipment violation due to a broken tail light early Thursday morning along Route 70.

Police said the man was pulled over by Ptl. Jeffrey Emmons at 1:35 a.m. As the officer approached the car he smelled burnt marijuana. Under search and seizure law, if the tail light was broken, the cops had a reasonable and articulable suspicion to stop his vehicle for an equipment infraction. Thereafter, there was probable cause to search the vehicle under the "plain smell" doctrine. However, to truly determine if the search and finding of the marijuana was valid, one would have to view the police reports. If there is an issue with the legality of the search, the man can file a Notice of Motion to Suppress Evidence.


Wall Resident Arrested For Marijuana.

Wall- Police officers arrested a Wall resident, age 32, on Tuesday for N.J.S.A. 2C:35-10, possession less than 50 grams of marijuana and N.J.S.A. 2C:36-2 drug paraphernalia. Police arrested the man at around 2:00 a.m. on Tuesday morning. The police allegedly were responding to a report of a suspicious person on or about 18th Avenue. The article was unclear as to how the police found the marijuana and paraphernalia. As set forth in the illegal search category of this blog, if the stop was not based upon a reasonable and articulable suspicion and there was no probable cause to search the individual or his property, the Wall resident could have the drugs and paraphernalia suppressed in court.  

Jersey City Mayor Files Suit Against Bradley Beach

In a case that originally stemmed from the disordely person charges of resisting arrest  (N.J.S.A. 2C:29-2) and obstruction of justice (N.J.S.A 2C:29-1) filed against Jeremiah Healy; the Jersey City Mayor and his wife, Maureen, claim police brutality and violations of civil rights in a seven (7) count federal lawsuit filed against Bradley Beach and the borough's Police Department.

The lawsuit stems from a June 2006 altercation outside a borough bar in which Jeremiah Healy was arrested for disorderly conduct and resisting arrest. Healy was found guilty in June 2007 in Bradley Beach municipal court of resisting arrest and obstruction of justice, and fined $736. A Superior Court judge, Anthony Mellaci in Monmouth County upheld the verdict last September, prompting Healy to appeal to the appellate division.

The appeal of his conviction was argued this past month before the Appellate Division and a decison should be forthcoming.