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The New Jersey
Police Chief
The Official Publication of the New Jersey State Association of Chiefs of Police
Vol. 21, No. 3 • March 2015
From the President’s Desk
 Annual Review of Top 20 Cases and Statutes in NJ
Municipal Courts 2014
 Debunking Some Myths About Police Liability

contents
New Jersey State Association
of Chiefs of Police
Board of Officers
2014—2015
President
Chief Kevin Sauter
Colts Neck Police Department
Immediate Past President
Chief Paul Cell
Montclair State University Police Department
1st Vice President
Chief Christopher Wagner
Denville Police Department
2nd Vice President
Chief William Parenti
North Plainfield Police Department
3rd Vice President
Chief Gary Gubbei
Maple Shade Police Department
4th Vice President
Chief Richard Buzby
Little Egg Harbor Police Department
features
3
President’s Message
Chief Kevin Sauter
4
Executive Director’s Report
Mitchell C. Sklar
5
From the NJSACOP Monthly Meeting Minutes
6
Special One Day Program Featuring Jack Enter
7
New Jersey Law Enforcement Memorial Service
8
FBI Releases Preliminary Semiannual Crime
Statistics for 2014
9
The Antietam Leadership Experience:
A Staff Ride for Law Enforcement Leaders
10
Reawakening the Nation:
Workplace Violence:
America’s Public Safety Crisis
14
Two Very Special Presentations with
Dr. Laurence Alison
21
103rd Annual Training Conference—Agenda and
Registration Information
26
NJ Supreme Court Sexual Harassment Decision
28
NJ Chiefs of Police Partners with CARFAX
30
Healthy Living Tips from Deborah
31
Debunking Some Myths About Police Liability
33
New Developments in NJSACOP Law Enforcement
Accreditation Program
34
Association Business
Vice President At-Large
Chief Lawrence Roberts
Franklin Township Police Department
Treasurer
Executive Director
Chief R. Brett Matheis
Clinton Police Department
Mitchell C. Sklar
The New Jersey Police Chief, the official magazine of The New
Jersey State Association of Chiefs of Police, is published ten times
during the year to serve the police leadership in New Jersey. The
Association members receive The New Jersey Police Chief as a
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by the New Jersey State Association of Chiefs of Police, 751
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policy of the New Jersey State Association of Chiefs of Police that
all articles reflect only the views of the author and that publication
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does not constitute endorsement by the Association or its agents of
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made as to the accuracy hereof and the publication is printed subject to errors and omissions. Editorial contributions to The New
Jersey Police Chief are always welcome. Contributions should be
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with reasonable care; however, the publisher assumes no responsibility for the safety of artwork, photographs, or manuscripts. Unauthorized reproduction of this magazine in whole or in part is
prohibited without the written permission of the publisher.
Vol. 21, No. 3, March 2015
The New Jersey Police Chief Magazine | March 2015
The New Jersey Police Chief is a
publication of the New Jersey State
Association of Chiefs of Police
March 5 Chiefs Briefing
will be held at
Doubletree Hotel—Tinton Falls
Mitchell C. Sklar/Executive Director/Editor
Jennifer Conover/Layout & Design
Melissa J. Gaines/Proofreader
Copyright ©2015, by the New Jersey State Association of Chiefs of Police, Inc. Reproduction of any part
of this publication without express written permission
is strictly prohibited.
The New Jersey Police Chief is published monthly by
the New Jersey State Association of Chiefs of Police,
Inc., 751 Route 73 North, Suite 12, Marlton, NJ,
08053; phone: (856) 334-8943, fax: (856) 334-8947.
The New Jersey State Association of Chiefs of Police,
Inc. is a non-government, not-for-profit organization.
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photo albums please visit
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Take the Garden State Parkway
North, staying in the Local
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Bear left off the ramp, follow
signs to Long Branch/Eatontown.
Turn right at the first light
onto Hope Road.
The hotel will be on the right.
700 Hope Road
Eatontown, NJ
NJSACOP is seeking
submissions for the
“NJ Police Chief”
Each month the NJSACOP publishes an
organizational periodical, The New Jersey
Police Chief. This publication has several
functions in addition to serving as an association
information vehicle, including providing our
pages to colleagues in law enforcement to share
some insights, advice, practical knowledge, or
other thoughts with our readers, which include
not only Chiefs of Police, but also others in law
enforcement, as well as state, federal and local
legislators and elected officials.
All readers and other interested parties are
encouraged to submit articles, opinion pieces,
letters, columns, or other material for consideration for publication in The New Jersey Police
Chief Magazine.
Deadline: 1st of the
For more information
month for inclusion contact the Editor at
in upcoming edition. [email protected].
The New Jersey Police Chief Magazine | March 2015
FROM THE DESK OF THE PRESIDENT
CHIEF KEVIN SAUTER
COLTS NECK PD
NJSACOP continues to be the greatest State Association of Chiefs of Police in the USA,
thanks to you “our members” and our exemplary state office staff.
Please continue to support our professional development programs, they are the best of
their kind in preparing our leaders and future leaders, and your support helps our Association to do all the things that it does for all of us. As a member of this Association you
truly do have a great opportunity to receive invaluable training, services, programs, and
friendships that will last a lifetime.
Take care of yourself! Your family matters!
We have a great health care partnership with Deborah Heart & Lung Center. All current and retired Chiefs can
participate in the program. You have an opportunity to receive confidential, comprehensive cardiovascular and
pulmonary medical evaluations for free. They will bill your insurance provider and offset any difference. Contact
the state office for a partnership card and details. GET CHECKED!
I look forward to seeing you at our March 5th briefing.
God Bless and be safe,
Chief Kevin Sauter
NJSACOP President
Colts Neck Police Department
3
The New Jersey Police Chief Magazine | March 2015
EXECUTIVE DIRECTOR’S REPORT
MITCHELL C. SKLAR
When We Say “Register Early” - We’re Serious
Your Great Support and Participation is Very Much Appreciated
Each month at the NJSACOP State Chiefs Briefing I report on the Association’s full
slate of professional development programs, and end with the admonition to
“register early.” That’s not just a sales pitch—due to your great support, our
programs are more popular than ever, and are selling out and filling up at an
unprecedented rate.
I always say that people vote with their feet, and we are very gratified that our members clearly value
the programming that we are presenting for them and their personnel. While of course this is a great
thing for the Association, it’s not so great for those who register for one of our seminars or programs,
only to find out that they have been put on a waiting list. We are doing our best to accommodate
everyone who wishes to attend our programs, but sometimes there is simply not enough room for
everyone who wishes to attend. We ask for your understanding, and again, if you and/or members of
your department want to attend one of our programs—register early.
Additionally, we are consistently moving forward with the development of new, additional professional
development opportunities so as to allow as many of our members, and others to take advantage of
all that we have to offer. In April we will be holding our initial The Normandy/D-Day Leadership
Experience, and in November we will host the first session of our new NJSACOP Foundation for Senior
Leadership course. Both of these programs are completely sold out. In October we will present this
year’s staff ride for law enforcement: The Antietam Leadership Experience. The program agenda and
registration information is available now on the NJSACOP website.
We are also well along in planning and preparing other professional development courses to meet the
interest and needs of our members, their personnel, and other stakeholders. As the details become
finalized we will pass the information along. And remember, if any of these courses is of interest to
you, my best advice is, as always—”Register Early.”
Mitchell C. Sklar, Esq.
Executive Director
4
The New Jersey Police Chief Magazine | March 2015
From the NJSACOP Monthly Meeting Minutes
100 Years Ago – March 1915
The NJSACOP Monthly State Chiefs Meeting for March 1915 was held in Rutherford, NJ. The
first order of business was approval of the application of a new member, Chief Joseph Hartfoil
of the Wallingford Police Department.
Association President Monahan then appointed the following members to the
Legislative Committee: Chiefs Cleary, Gravenor, Keily, Gallagher,
O’Connell, Burke, Coughlin, Shorpe, Pye, Hollaway, Weimer, McGuire, and
O’Neill.
75 Years Ago—March 1940
Chief Elisha Gravenor
Camden PD
Chief John Pye
Englewood PD
The March 1940 State Chiefs Meeting was held at the Newark Court House. The Treasurer’s
report was read to the membership, indicating a checking account balance of $450.09. Thereafter the membership applications for Chief Joseph Stoniker (Lawrence Twp. PD) and Chief James
Walker (Paterson PD) were considered and approved.
Chief Roff then reported
That he had met Professor Miller of Rutgers University at Trenton and discussed with him a proposal of
their part to conduct a correspondence course in the education of policemen, and that Professor Miller
had asked him to bring this to the attention of the members, and ask their support, and if this was given
by the association, they would start such a course. It was regularly moved, seconded and carried that
this be carried out.
Prior to the close of the meeting, Chief O’Neill sought the floor to address the membership. He commented on “the publicity he received due to his not sending in certain data
requested by the F.B.I. Chief O’Neill stated that he notified the press, who questioned
him, that he was subject to his superiors, and not the F.B.I., that he sent in his reports to
these superiors.” Several other chiefs made similar comments.
25 Years Ago—March 1990
The NJSACOP monthly State Chiefs Meeting for March 1990 was conducted at the
Monmouth County Police Academy. Following the opening prayer and flag salute, Secret
Service Supervisory Special Agent John Vezeris addressed the membership. This was
followed by a brief presentation from Robert Kaldor of Kaldor Distributors, who
demonstrated his company’s emergency light system.
Chief William O’Neill
East Orange PD
Thereafter a letter was read to the membership from Chief Napoleone regarding the Morris County Police Chiefs
Association’s adoption “of the Resolution to include all Sworn Law Enforcement Officers in the Police and Fire
Pension System.” He asked for the support of the State Association. A motion was duly made, seconded, and
approved to support the Resolution.
**If you are currently registered for the Police Executive Institute, this is already included in your registration.
Walking the Narrow Road of Leadership:
Leadership Principles for Supervisors
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6
The New Jersey Police Chief Magazine | March 2015
The New Jersey Police Chief Magazine | March 2015
FBI Releases Preliminary Semiannual Crime Statistics for 2014
Statistics released by the FBI’s Preliminary Semiannual Uniform Crime Report reveal overall declines in both the number of
violent crimes and the number of property crimes reported for the first six months of 2014 when compared with figures for the
first six months of 2013. The report is based on information from 11,009 law enforcement agencies that submitted three to six
months of comparable data to the FBI’s Uniform Crime Reporting (UCR) Program for the first six months of 2013 and 2014.
Violent Crime

All the offenses in the violent crime category—murder and non-negligent manslaughter, rape (revised definition),
aggravated assault, and robbery—showed decreases when data from the first six months of 2014 were compared with data
from the first six months of 2013. The number of murders declined 6.0 percent, the number of rapes (revised definition)
declined 10.1 percent, aggravated assaults decreased 1.6 percent, and robbery offenses decreased 10.3 percent.

Violent crime decreased in all city groupings. The largest decrease, 6.7 percent, was noted in cities with fewer than 10,000
in population.


Violent crime decreased 7.6 percent in non-metropolitan counties and 4.4 percent in metropolitan counties.
Violent crime declined in each of the nation’s four regions. The largest decrease, 7.6 percent, was noted in the Midwest,
followed by 6.6 percent in the Northeast, 3.0 percent in the South, and 2.7 percent in the West.
Property Crime

All three offenses in the property crime category—burglary, larceny-theft, and motor vehicle theft—showed decreases in the
number of offenses for January to June 2014 when compared with data from the same months of 2013. Burglary offenses
dropped 14.0 percent. There was a 5.7 percent decrease in the number of motor vehicle thefts, and a 5.6 percent decrease
in larceny-theft offenses.

Each of the city population groups had decreases in the overall number of property crimes. Law enforcement agencies in
cities with populations under 10,000 inhabitants reported the largest decrease, 8.9 percent.


Property crime decreased 11.8 percent in non-metropolitan counties and 9.0 percent in metropolitan counties.
All four of the nation’s regions showed declines in the number of property crime: 12.5 percent in the Midwest, 7.6 percent
in the Northeast, 5.9 percent in the South, and 5.8 percent in the West.
Arson
In the UCR Program, arson offenses are collected separately from other property crimes. The number of arson offenses
decreased 6.5 percent in the first six months of 2014 when compared with figures for the first six months of 2013. all four
regions reported decreases in the number of arsons—11.3 percent in the Midwest, 9.4 percent in the Northeast, 8.4 percent in
the South, and 0.4 percent in the West.
Arson offenses decreased 13.0 percent in cities with populations of 500,000 to 999,999, the largest decrease within the city
groupings. Arson offenses declined 9.9 percent in metropolitan counties but increased 0.4 percent in non-metropolitan counties.
Revised Definition of Rape
In 2013, the FBI’s UCR Program initiated the collection of rape data under a revised definition within the Summary Based
Reporting System. The term “forcible” was removed from the offense name, and the definition was changed to “penetration, no
matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person,
without the consent of the victim.”
The number of rape incidents reported using the revised definition, as well as the number of rapes submitted using the legacy
definition, are both included in this report in separate columns in each table. The rape figures for those agencies that changed
from reporting rape under the legacy definition in 2013 to the revised definition in 2014 are not included to calculate the trends
reported in Tables 1-3, but they are reported in Table 4. Please note: Because rape data reported by all agencies for 2013 and
2014 cannot be aggregated, the percent changes from one year to the next are calculated with smaller numbers than in recent
years. Offenses with fewer counts are often sensitive to minor differences when calculating trends. More information about this
subject is presented in footnotes and data declarations for each table.
Caution against ranking: When the FBI publishes crime data via its UCR Program, some entities use the information to compile
rankings of cities and counties. Such rankings, however, do not provide insight into the numerous variables that shape crime in
a given town, city, county, state, tribal area, or region. These rankings lead to simplistic and/or incomplete analyses that can
create misleading perceptions that adversely affect communities and their residents. Only through careful study and analyses
into the range of unique conditions affecting each local law enforcement jurisdiction can data users create valid assessments of
crime. The data user is, therefore, cautioned against comparing statistical data of individual reporting units from cities,
metropolitan areas, states, or colleges or universities solely based on the basis of their population or student enrollment.
To view the full report visit: http://www.fbi.gov/about-us/cjis/ucr/crime-in-the-u.s/2014/preliminary-semiannual-uniform-crime
-report-january-june-2014
8
9
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THREE DAY PROGRAM—SEE AGENDA FOR TIMES AND LOCATIONS.
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IN ORDER TO BE ISSUED A REFUND.
THE SEMINAR MAY BE CANCELED DUE TO INSUFFICIENT ENROLLMENT.
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10
The New Jersey Police Chief Magazine | March 2015
Reawakening the Nation
Workplace Violence:
America’s Public Safety Crisis
By Vincent J. Bove, CPP
Workplace violence has reached staggering proportions
throughout America and every community is a potential
victim.
The Occupational Safety and Health Administration (OSHA)
defines workplace violence as “violence or the threat of
violence against workers … that can occur at or outside the
workplace and range from threats and verbal abuse to
physical assaults and homicide…”
OSHA states that 2 million workers are victims of
workplace violence each year. These include homicides,
aggravated assaults, robberies, rapes, and sexual assaults.
FBI SWAT Team making arrest (Courtesy FBI)
The health, safety, and welfare of American workers deserve intensified security training, violence prevention, and
crisis management measures.
Recent Incidents
Although the crisis has taken place for many years, these are some recent tragedies:
 February 2nd—An employee of the New York City Police Department of Environmental Protection Office in
Kingston, New York was fatally shot by a co-worker. The shooter was charged with murder according to the
Kingston Police Department and Ulster County District Attorney’s Office.
 January 26th—A man opens fire at a swearing-in ceremony for new police officers during a city council meeting
in New Hope, Minnesota. Two officers are shot before police returned fire and killed the shooter. Although the
officers are expected to survive, a report by the National Law Enforcement Officers Memorial Fund for 2014
states firearms-related incidents as the leading cause of death among law enforcement. This accounted for 50
deaths, increasing 56 percent from 2013.
 January 25th—A disgruntled Home Depot employee fatally shoots his supervisor before committing suicide at a
crowded New York City store.
 January 20th—Dr. Michael J. Davidson, 44, the director of endovascular cardiac surgery, was shot inside
Brigham and Women’s Hospital in Boston. The married father of three children, dedicated to saving lives as a
surgeon, died the following day in surgery.
Infamous Tragedies
 2014—A shocking beheading of a woman at an Oklahoma food distribution center and stabbing of another by a
terminated employee. The suspect was killed by an off-duty deputy working on-site.
 2013—A lone gunman fatally shoots 12 people and injures three others at the Washington Navy Yard.
 2009—Nidal Malik Hasan, a United States Army psychologist who was awaiting deployment to Afghanistan
unleashed a wall of gunfire at Fort Hood on November 5th.
 2006—A former postal worker kills her neighbor before going to the Goleta, California, post office to kill six
before committing suicide.
 1999—Over three days, a securities trader kills 12 in Atlanta, Georgia, including his wife and two children.
 1989—A former employee returns to his Kentucky workplace, killing 9 and wounding 12 before committing
suicide.
 1988—A toxic romantic infatuation escalates to the killing of seven workers in Sunnydale, California.
 1986—A postal employee shoots 20, killing 14, in Edmond, Oklahoma, which led to coining the term “going
postal.”
 1982—Truck driver John Felton Parish went on a shooting spree after a pay dispute at two different Western
Continued on next page
The New Jersey Police Chief Magazine | March 2015
Continued from previous page
Transportation Company warehouses. Parish killed 6 people and wounded 3 others. He then led police on a high
-speed chase before breaking through a barricade, injuring an officer and being killed in a shootout with police.
Preventing Workplace Violence
Employers have a legal and ethical obligation to promote a work environment free from threats and violence and, in addition, can face economic loss as the result of violence in the form of lost work time, damaged employee morale and productivity, increased workers’ compensation payments, medical expenses, and possible lawsuits and liability costs. As more
fully discussed in the sections below, employers’ important roles in violence prevention can include:

Adopting a workplace violence policy and prevention program and communicating the policy and program to employees.





Providing regular training in preventive measures for all new/current employees, supervisors, and managers.
Supporting, not punishing, victims of workplace or domestic violence.
Adopting and practicing fair and consistent disciplinary procedures.
Fostering a climate of trust and respect among workers and between employees and management.
When necessary, seeking advice and assistance from outside resources, including threat-assessment psychologists,
psychiatrists and other professionals, social service agencies, and law enforcement.
Employees have the right to expect a work environment that promotes safety from violence, threats, and harassment.
They can actively contribute to preventive service agencies, and law enforcement.



Accept and adhere to an employer’s preventive policies and practices.
Become aware of and report violent or threatening behavior by coworkers or other warning signs.
Follow procedures established by the workplace violence prevention program, including those for reporting incidents.
Law enforcement agencies, over the last several years, have been leading the way in how they and the rest of the criminal
justice system respond to domestic and school violence.
Those changes have placed greater emphasis on prevention and responding to threats and minor incidents, rather than
the traditional view that police become involved only after a crime has occurred, that serious effort and police resources
should be reserved for serious offenses. This proactive approach, utilizing community policing concepts, can be applied to
workplace situations as well. This approach can include:

Outreach to employers, especially to smaller employers that do not have the resources to maintain their own security
staff.



Establishing contact and regular consultation with mental health and social service providers.

Training officers in threat assessment and, if a department’s resources permit, establishing a specialized threat assessment unit.

Training officers in relevant laws (e.g. harassment and stalking) and response procedures for workplace problems.
(http://www.fbi.gov/states-services/publications/workplace-violence)
Setting up a system for assisting employers in background checks, workplace site reviews, evacuation plans, etc.
Assisting employers in developing prevention programs and assuring that threats or less serious incidents will be responded to.
In my workplace violence presentations and publications over the last 20 years, I have stressed the following:
 Training—continual programs for all employees including warning signs, mental health, de-escalation and
conflict resolution techniques, diversity, reporting and intervention, target hardening, personal safety, company
policies, and law enforcement collaboration. The FBI’s National Center for the Analysis of Violent Crime has an
outstanding document titled “Workplace Violence Issues in Response” that must be an integral element of
training.
 Threat Prevention and Assessment Teams—ongoing training for all members including the coordinator, human
resources, employee assistance, consulting psychologist, safety, health and security specialists, administration,
facility managers, and legal representatives.
Continued on next page
The New Jersey Police Chief Magazine | March 2015
Continued from previous page
 Cultivating a Culture of Respect—a respectful culture where
employees are recognized, appreciated, and affirmed is essential
to violence prevention. Even the slightest acts of disrespect must
have measured and swift intervention. A workplace that cultivates
respect, altruism, and community creates an environment that increases morale, safety, and security because people are genuinely
cared for. Caring employees, not just policies and procedures, are
essential for workplace violence prevention.
 Security Vulnerability Assessment—conducted periodically by a
board-certified professional covering physical (including notification
systems), personnel, informational, and procedural security, and
the workplace culture.
 Drills—tabletop, partial, and full-scale exercises to simulate
workplace violence scenarios.
Final Reflection
All workplace violence initiatives demand support and participation
at the highest levels of a company and collaboration with law
enforcement.
These are turbulent times of violence throughout America but
workplace violence is preventable. Each employee and law
“Workplace Violence Issues in Response” guide cover, FBI
enforcement
official must be dedicated to violence prevention
Critical Incident Response Group, National Center for the
Analysis of Violent Crime, FBI Academy, Quantico, Virginia. principles and committed to the reawakening of the nation.
(Courtesy FBI)
Vincent J. Bove, CPP is a national speaker and author on issues critical to America. Bove is recipient of the FBI Director’s Community Leadership
Award for combating crime and violence and former confidant of the New York Yankees. His newest book is “Listen to Their Cries.”
NJSACOP Welcomes New Public Affairs and Partnerships Manager
NJSACOP is pleased to announce the hiring of Alex DeLeon as the new Public Affairs and Partnerships
Manager. Her previous professional experience included positions at Womanspace Inc. and Susan G.
Komen for the Cure, Central and South Jersey. Alex obtained her Bachelor’s Degree in international
studies with a minor in business from Fairleigh Dickinson University. Alex brings varied and valuable
experience, a level of energy and enthusiasm and a commitment to the association’s mission as she
joins the NJSACOP team. Please join us in welcoming Alex in her new role as Public Affairs and
Partnerships Manager at NJSACOP.
NJSACOP extends its sincerest condolences to the families of
Retired Chief Edmund Spinelli, Sr. (Penns Grove PD)
and Retired Chief Walter C. White (Voorhees PD).
Professional Development Programs of the New Jersey State Association of Chiefs of Police
14
NJSACOP REGISTRATION FORM
PLEASE CHECK APPROPRIATE BOX[ES]:
March 23, 2015 - Decision Making in High Risk, High Uncertainty Environments: Guess, Gut & Grip
March 24, 2015 - Advanced Psychological Interviewing of Suspects & High Value Targets
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15
The New Jersey Police Chief Magazine | March 2015
Annual Review of Top 20 Cases and Statutes in NJ Municipal Courts 2014
By Kevin A. Vercammen
1. Court cannot consider Sup Mt testimony unless agreed by defendant State v. Gibson 219 NJ 227 (2014)
Due to the fundamental differences between a pre-trial motion to suppress and a trial on the merits, the best practice is to conduct two separate proceedings. However, the motion record may be incorporated into the trial record if both parties consent and
counsel are given wide latitude in cross-examination. Where the evidence from a pre-trial hearing is improperly admitted at the
trial on the merits, the correct remedy is remand for a new trial.
2. Defendant can be entitled to Adjournment to Select Own Counsel. State v. Kates 216 NJ 393 (2014)
The judgment of the Appellate Division was affirmed substantially for the reasons expressed in Judge Ostrer’s opinion below.
Deprivation of a defendant’s right to counsel of choice is found where, as here, a trial court denies an adjournment without properly considering the relevant factors or abuses its discretion in doing so.
The Appellate Division held Defendant Entitled to Adjournment to Select Own Counsel. State v. Kates 426 NJ Super. 32 (App.
Div. 2012)
The Appellate Division concluded the trial court mistakenly exercised its discretion in denying defendant a continuance to enable
him to retain counsel of his choice, after he learned on the eve of trial that the assistant deputy public defender who had been
representing him was about to deploy for active military service. Although the right to counsel of choice is not absolute and may
be balanced against the court’s interest in managing its calendar, the trial court failed to weigh the appropriate factors governing
the discretionary decision whether to grant the requested continuance. The availability of competent counsel not of defendant’s
choice was an insufficient basis for denying the continuance. As deprivation of counsel of choice is a structural error not subject
to harmless error analysis, reversal of defendant’s conviction and a new trial is mandated.
3. Police can’t search just because person is in no loitering area. If no probable cause to arrest, search of person is
improper State v. Gibson 218 NJ 277 (2014)
There is insufficient evidence in the record to support a finding that Officer Comengo had probable cause to arrest Gibson for
defiant trespass; therefore, the subsequent search at the stationhouse was unconstitutional and the drug evidence seized during
the search must be suppressed.
4. If Defendant unlawfully detained, third person’s consent to search no good. State v. Coles 218 NJ 322 (2014)
In this appeal, the court considers the validity of a warrantless search, which was consented to by the homeowner and which
occurred while the defendant was unlawfully detained.
The defendant was already in patrol car. His aunt let police into his locked bedroom. Under the circumstances presented here, a
third party’s consent to conduct a warrantless search of a defendant’s living space is insufficient to justify the search when the
defendant is unlawfully detained by police.
5. Co-Occupant consent to search valid. State v. Lamb 218 NJ 300 (2014)
In this appeal, the Court considered the validity of a warrantless search of a house, specifically addressing whether the knowing
and voluntary consent by an occupant to search a premises is constitutionally effective against a third party when an absent cooccupant has objected to the search.
After a shooting, mother could give permission to search her home where son lived. Under the circumstances of this appeal, an
occupant’s knowing and voluntary consent to search a premises is constitutionally effective against a third party and is not nullified by the prior objections of an absent co-occupant whose absence is not the result of a police effort to avoid an objection.
6. Driving While Suspended Conviction Upheld Although DWI Conviction Vacated. State v. Sylvester 437 NJ Super.
1 (App. Div. 2014)
N.J.S.A. 2C:40-26b makes it a fourth degree offense to drive while one’s license is suspended or revoked for a second or subsequent conviction for driving a car while under the influence of alcohol (DWI). In a bench trial before the Law Division on this
charge, defendant argued that her second DWI conviction had been voided ab initio by the municipal court when it granted her
PCR petition two months after she was indicted for one count of violating N.J.S.A. 2C:40-26b. Thus, defendant argues the State
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The New Jersey Police Chief Magazine | March 2015
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cannot rely on this vacated second DWI conviction to meet its burden of proof under N.J.S.A. 2C:40-26b. The trial court rejected
this argument. The Appellate Division affirmed.
It is undisputed that at the time defendant committed this offense, she was aware her driver’s license had been revoked by a
presumptively valid second conviction for DWI. The court relied on State v. Gandhi, 201 NJ 161, 190 (2010) to hold that a second DWI conviction vacated through PCR granted by a court after a defendant engages in conduct prohibited in NJSA 2C:40-26b,
cannot be applied retroactively to bar a conviction under this statute.
7. Suppression granted where stop based on driver high beams on. State v. Witt 435 NJ Super. 608 (App. Div.
2014)
The court granted leave to appeal an order granting defendant’s motion to suppress evidence seized during a warrantless search
of his vehicle. The court affirmed not only because it is bound by State v. Pena-Flores, 198 NJ 6 (2009), and its many antecedents, and not only because no exigencies for the search were revealed during the suppression hearing, but also because there
was no legitimate basis for the motor vehicle stop that preceded the search. In this last regard, the record demonstrated that
the police officer stopped defendant’s vehicle because defendant did not dim his high beams as he drove by the officer’s parked
patrol vehicle. Because the patrol vehicle was not an “oncoming vehicle,” and because there were no other “oncoming vehicles”
on the road at the time, the police officer did not have objectively reasonable grounds to believe defendant had violated the high
-beam statute, N.J.S.A. 39:3-60, in making the vehicle stop.
8. Prior DWI counts for enhanced refusal. State v. Frye 217 NJ. 566 (2014)
The court reaffirms it’s holding in In re Bergwall, 85 NJ 382 (1981). A prior DWI conviction may enhance the sentence for a subsequent refusal conviction under the refusal statute. N.J.S.A. 39:4-50.4a.
9. No warrant for DWI blood needed for tickets issued before 2013. State v. Jones 437 NJ Super. 68 (App. Div.
2014)
The Court gained the State leave to appeal from an order the suppressed the results of a blood sample taken without a warrant
prior to Missouri v. McNeely 133 S. Ct. 1552 (2013), and now reverses. Defendant caused a multiple vehicle accident, resulting
in personal injuries that required hospitalization. Emergency personnel took approximately thirty minutes to extricate the unconscious defendant from her vehicle and the police investigation took several hours.
It is undisputed that the blood sample was obtained consistent with New Jersey law that existed at the time. The Court need not
decide whether McNeely should be applied retroactively because the facts support a warrantless blood sample even if McNeely
applies. Although McNeely rejected a per se exigency rule, it adhered to the totality of the circumstances analysis set forth in
Schmerber v. California, 86 S. Ct. 1826, 1836 (1966), stating the metabolization of alcohol was an “essential” factor in the
analysis. Further, the Court noted that the facts in Schmerber which, like here, included an accident, injuries requiring hospitalization, and an hours-long police investigation, were sufficient to justify a warrantless blood sample for use in an expert’s comparison of DNA samples, a defendant’s federal and state confrontation rights are satisfied so long as the testifying witness is
qualified to perform, and did in fact perform, an independent review of testing data and processes, rather than merely read from
or vouch for another analyst’s report or conclusions.
10. Supervising chemist can testify in vehicular homicide if they independently verified correctness of blood test
results State v. Michaels—219 NJ 1 (2014)
Defendant’s confrontation rights were not violated by the admission of Dr. Barbieri’s report or his testimony regarding the blood
tests and his conclusions drawn therefrom. Dr. Barbieri was knowledgeable about the testing process, independently verified the
correctness of the machine-tested processes and results, and formed an independent conclusion about the results. Defendant’s
opportunity to cross-examine Dr. Barbieri satisfied her right to confrontation on the forensic evidence presented against her.
11. Supervising chemist can testify in rape case if they independently verified correctness of DNA results State v.
Roach 219 NJ 58 (2014)
Defendant’s confrontation rights were not violated by the testimony of the analyst who matched his DNA profile to the profile left
at the scene by the perpetrator. Defendant had the opportunity to confront the analyst who personally reviewed and verified the
correctness of the two DNA profiles that resulted in a highly significant statistical match inculpating him as the perpetrator. In
the context of testing for the purpose of establishing DNA profiles.
Continued on next page
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The New Jersey Police Chief Magazine | March 2015
12. Defendant has burden to timely object to testimony by pathologist who did not perform the victim’s autopsy
State v. Williams 219 NJ 89 (2014)
Defendant’s failure to object to the admission of the testimony on confrontation grounds and his decision to cross-examine the
medical examiner constitute a waiver of his right of confrontation.
13. No suppression of blood result from 2008 based on 2013 new case State v. Adkins 433 NJ Super. 479 (App. Div.
2013) cert granted
Addressing the impact of Missouri v. McNeely 133 S. Ct. 1552, (2013), on pending cases involving warrantless blood tests, the
court reversed a trial court order suppressing blood evidence in a DWI and assault-by-auto case. Consistent with long-standing
rulings of the New Jersey Supreme Court, the police obtained the blood sample from defendant without a search warrant. Thereafter, the United States Supreme Court unexpectedly changed the legal landscape by issuing a ruling that construed the Fourth
Amendment more broadly than our Court.
On these facts, under Davis v. United States, 131 S. Ct. 2419, suppression would not be the appropriate remedy under federal
constitutional law, because the New Jersey police were acting lawfully under established New Jersey precedent at the time of the
search. Further, had our own Supreme Court issued the McNeely ruling as a construction of the New Jersey Constitution, the ruling would not have been applied retroactively. Under these unusual and very limited circumstances, the court held that suppression of the evidence in this case was not required.
14. If mandatory 180 days without parole, can’t get credit for inpatient State v. French 437 NJ Super. 333 (App.
Div 2014)
A sentence of 90 days in jail followed by 90 days in an inpatient drug rehabilitation program does not satisfy the “fixed minimum
sentence of not less than 180 days during which the defendant shall not be eligible for parole” mandated for the fourth-degree
crime of operating a motor vehicle during a period of license suspension for multiple convictions of driving while intoxicated.
N.J.S.A. 2C:40-26(b).
15. DWI offenses separated by more than ten years are eligible for “step down” provision. State v. Revie NJ (2014)
A-31-13
The N.J.S.A. 39:4-50(a)(3) “step-down” provision can benefit a DWI offender more than once, provided that the defendant’s
most recent and current DWI offenses are separated by more than ten years. In this case, defendant should be sentenced as a
second DWI offender with respect to any term of incarceration imposed, and as a third DWI offender with respect to the applicable administrative penalties.
16. Failure to read refusal warnings not a defense to DWI State v. Peralta 47 NJ Super. 570 (App. Div 2014)
In this appeal, defendant argued the police failure to read to him the standard statement referred to in N.J.S.A. 39:4 50.2(e) which, in its current iteration, largely but not entirely advises of the consequences of refusing to provide a breath sample—
requires reversal of his DWI conviction based solely on an Alcotest reading. The court held this alleged failure was not fatal to
the DWI conviction because defendant did not refuse to provide a breath sample.
17. DL suspension should not be stayed after conviction unless findings of fact. State v. Robertson NJ Super (App.
Div. 2014) A-0296-13T1
In this appeal from a DWI conviction, the court rejects defendant’s argument that the Alcotest results should have been excluded because he was denied discovery of certain repair records, which were created by the Alcotest’s manufacturer, and certain downloaded data, which the State routinely erases.
The Court concludes the records were not discoverable under Rule 7:7-7, nor did they constitute Brady material.
The Court also addressed the unexplained decisions of both the municipal court and the Law Division to stay defendant’s license
suspension pending appeal. The court instructs trial courts that any stay of a license suspension after a DWi conviction should be
supported by adequate findings of fact and conclusions of law, and should comply with standards governing the grant of a stay
pending appeal set forth in Garden State Equality v. Doe, 216 NJ 314, 320 (2013).
18. For unlicensed driver, can’t get both fine and jail. State v. Carreon 437 NJ Super. 81 (App. Div. 2014)
This appeal required the court to consider whether a never-licensed driver may be fined and sentenced to a custodial term under
the penalty provisions of N.J.S.A. 39:3-10. Because the court agreed that the statute allows a fine or imprisonment but not
Continued
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The New Jersey Police Chief Magazine | March 2015
Continued from previous page
both, even for drivers, who, like defendant, have never been licensed, the court-reversed defendant’s sentence and remand to
the Law Division for resentencing.
19. Municipal court judges not permitted to cross-examine defendants in lieu of prosecutor
In the Matter of Louis DiLeo 216 NJ 449 (2014)
The judge should have adjourned trial for defendants to have an attorney. The Judge should not have acted as prosecutor and
asked questions of defendants.
20. New law finally establishes a Conditional Dismissal of First offender criminal charges in Municipal Court. Ken
Vercammen testified in favor of the passage before the Assembly Judiciary Committee.
Governor Chris Christie signed into law legislation co-sponsored by Senator Christopher “Kip” Bateman (R-Hunterdon, Mercer,
Middlesex and Somerset) to provide a conditional assistance program in Municipal Court for certain first-time offenders. The law
took affect in Winter, 2014.
“This initiative will give a broader range of first-time offenders who have committed a minor offense an opportunity to turn their
lives around,” Bateman said. “The program will help foster participants’ rehabilitation and future success by giving them appropriate penalties without having the offense be a part of their permanent criminal record.” This law also helps Police and Prosecutors since it requires a guilty plea, thus reducing the need for trials and officer testimony.
Under prior law, the only offenses eligible for a Conditional Discharge were certain drug-related offenses. This new statute allows
discharge for many non-drug offenses, such as disorderly person’s offenses, which have not been able to participate in similar
programs before.
Under this law, Conditional Dismissal is not available to any person who has previously participated in a Conditional Discharge,
Conditional Dismissal, or supervisory treatment program such as PTI. In addition, a person is not eligible for Conditional Dismissal is the offense for which the person is charged involves certain offenses.
FINGERPRINTING REQUIREMENT. To allow sufficient time for verification of the defendant’s criminal history by the prosecutor
and as a condition of the application, the defendant will be required to submit to the fingerprint identification procedures as provided in R.S.53:1-15 before making an application to the court.
A person who is charged with a disorderly persons or petty disorderly persons offense involving drugs or drug paraphernalia may
apply got a conditional discharge in accordance with N.J.S.2C:36A-1.
In addition to these eligibility criteria, the court considering the application must also consider the following factors: the nature
and circumstances of the offense; the facts surrounding the commission of the offense; the motivation, age, character and attitude of the defendant; the desire of the complainant or victim to forego prosecution; the needs and interests of the victim and
the community; the extent to which the defendant’s offense constitutes part of a continuing pattern of anti-social behavior;
whether the offense is of an assaultive or violent nature, either in the act itself or in the possible injurious consequences of such
behavior; whether the applicant’s participation will adversely affect the prosecution or codefendants; whether diversion of the
defendant from prosecution of codefendants; whether diversion of the defendant from prosecution is consistent with the public
interest; and any other factors deemed relevant by the court.
PROGRAM REQUIREMENTS. After taking into consideration the eligibility criteria, the defendant’s criminal history and the prosecutor’s recommendation, the court may approve the defendant’s participation in the Conditional Dismissal program and place the
defendant under a probation monitoring status for a period of one year. The court may also impose financial obligations and
other terms and conditions in accordance with the law. The law permits the defendant to apply to the court for an extension of
the term of conditional dismissal to allow sufficient time to pay financial obligations imposed by the court. In addition, a judge
could extend the term for good cause.
If a defendant who is participating in conditional dismissal is convicted of any offense or crime under any law of the United
States, this State or any other State, or otherwise fails to comply with the terms and conditions imposed by the court, the court
can enter a judgment of conviction and impose a fine, penalty, or other assessment in accordance with the defendant’s prior
plea of guilty or prior finding of guilt.
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The New Jersey Police Chief Magazine | March 2015
If, at the end of the term, the defendant has not been convicted of any subsequent offense or crime under any law of the United
States, this State or any other state, and has complied with any other terms and conditions imposed by the court, the court may
terminate the probation monitoring and dismiss the proceedings against the defendant.
The law provides that a Conditional Dismissal of a petty disorderly persons or disorderly persons offense granted pursuant to the
program will not be deemed a conviction for purposes of disqualifications or disabilities, but shall be reported to the State Bureau
of Identification criminal history record information files for purposes of determining whether a second or subsequent offense has
occurred under any law of this State.
CONDITIONAL DISMISSAL APPLICATION FEE AND ASSESSMENT. A person applying for admission to the conditional dismissal
program will pay to the court an application fee of $75.
You can only receive one PTI, Conditional Dismissal or Conditional Discharge in your life. Some attorneys and clients want to
“save” PTI for use later and not take a Conditional Dismissal for a minor criminal charge.
Kenneth Vercammen is an Edison, Middlesex County, NJ trial attorney where he handles Criminal, Municipal Court, and contested
cases. He is part of the first attorneys in NJ who passed the exam to become a Certified Municipal Court Law Attorney and approved by the Supreme Court on September 30, 2014.
The New Jersey Police Chiefs Foundation is now an
AmazonSmile charity partner. For every eligible
purchase, the AmazonSmile Foundation will donate
0.5% of the purchase price to the
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http://smile.amazon.com/ch/51-0447500—then choose
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21
CONFERENCE AGENDA
Monday, June 22, 2015
7:00 p.m.
Host Chief’s Night - Dinner/Reception
The Landshark Bar and Grille
Buffet Dinner, Cocktails and Entertainment
Tuesday, June 23, 2015
7:45 a.m. - 8:45 a.m.
Buffet Breakfast
Law Enforcement’s Response to Civil Disturbance
in America
9:00 a.m. - 11:00 a.m.
Presented by: Sgt. Frank W. Flynn,
Boston Police Department
Registered Chiefs, Spouses and Registered Guests
(Pre-Registration Required)
During this presentation, the following important and timely topics will be discussed and
reviewed:






History of Riotous Behavior and Lessons Learned
Planning, Training & Intelligence
Demonstrator Tactics/Protester Devices
Legal Perspectives
Riot Control Agents/Less Lethal Munitions
Current events in Civil Disturbance and Violent Protection
11:00 a.m. - 4:15 p.m.
12:15 p.m.
Police/Security Expo Seminars
Atlantic City Convention Center
Police/Security Expo Opening Ceremonies
Atlantic City Convention Center
22
CONFERENCE AGENDA (cont’d)
Wednesday, June 24, 2015
7:45 a.m. - 8:45 a.m.
Buffet Breakfast
The Boston Marathon Bombing:
Lessons Learned
9:00 a.m. - 11:00 a.m.
Presented by: Chief Daniel Linskey,
Boston Police Department
Registered Chiefs, Spouses and registered Guests
(Pre-registration required)
Chief Dan Linskey was the incident commander for the Boston Police Department at the 2013 Boston Marathon.
He led the response of the Boston Marathon Bombings that resulted in the deaths of three people and injured
more than 264 others.
After two pressure cooker bombs exploded near the marathon’s finish line, Chief Linskey worked with the first
responders to evacuate the injured, secure the scene and stabilize the city. In the following days, he oversaw
the Boston Police investigation to identify and apprehend the individuals responsible in what would become one
of the largest and most complicated law enforcement efforts ever.
When the identified terrorist suspects initiated a gunfight with police officers in Watertown, Massachusetts on
April 19, Chief Linskey was the first commander on the scene. While one suspect was killed during the
exchange, the other escaped, leading Chief Linskey to oversee an unprecedented manhunt and lockdown of the
metropolitan Boston area that led to the second suspect’s capture later that day.
Chief Linskey’s presentation will take the audience member on a leadership journey through the April 15, 2013
terrorist attack on the Boston Marathon. The presentation starts with the planning and training exercises that
helped mitigate the loss of life on Boylston Street. The leadership challenges in the immediate response to the
bombings as well as those developed during the investigation and subsequent manhunt for the terrorists. The
program will develop many lessons that can be used to help prevent loss of life during other catastrophic events
while at the same time giving the audience member a look into the emotional toll suffered by, and the heroic
actions of, Boston’s First Responders.
10:00 a.m.
10:00 a.m. - 3:00 p.m.
6:00 p.m. - 11:00 p.m.
Police/Security Expo
Atlantic City Convention Center
Police/Security Expo Seminars
Atlantic City Convention Center
NJSACOP Installation Banquet & Cocktail Hour
Invited Keynote Speaker
General Raymond T. Odierno,
Chief of Staff of the United States Army


NJSACOP Valor Awards Presentation
Cocktails and Hors d’oeuvres followed by banquet and awards
Thursday, June 25, 2015
9:30 a.m.
10:30 a.m.
General Membership Business Meeting
Board of Officers Meeting
23
New Jersey State Association of Chiefs of Police
103rd Annual Training Conference
June 22 - June 25, 2015
Caesars & The Atlantic City Convention Center
REGISTRATION FORM
Attendee
Information:
Title, Name_____________________________________________________________________________________________________
Agency________________________________________________________________________________________________________
Address_______________________________________________________________________________________________________
City, State, Zip__________________________________________________________________________________________________
Email (required for Confirmation)_____________________________________________________________________________________
County__________________________________
Spouse
Information:
Name_________________________________________________________________________________________________________
If attending ALL events - see below for list of events.
ADDITIONAL
Banquet tickets:
$105 per ticket
Quantity________
Full registration fees include Banquet ticket; do not order if you register in full below.
Child(ren)
(if under 18, no fees apply):
Name(s)_______________________________________________________________________________________________________
Member
Status/Fees:
Active [ ]
$325
Non-Member [ ] $345
L.E. Associate [ ] $325
Retired [ ]
$175
P.S. Affiliate [ ]
Late fee [ ]
Fees include: Host Chiefs Night, Tuesday & Wednesday Breakfasts/Seminars, Installation Banquet
Spouse Status/Fees:
Active, L.E. Assoc., P.S. Affiliate, Non-Member [ ] $195
$325
$25 if registering after 6/17/15
Retired [ ] $140
Fees include: Host Chiefs Night, Tuesday & Wednesday Breakfasts/Seminars, Special Spouse Event(s), Installation Banquet
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Attendee fee $____________
Fee Totals:
Spouse fee -
$____________
Banquet ticket(s) - $____________
Late fee -
$____________
TOTAL AMOUNT DUE - $____________
Make Purchase Orders/Checks payable to:
New Jersey State Association of Chiefs of Police
Return completed registration form along with payment information to: NJSACOP - 751 Route 73 North, Suite 12 - Marlton NJ 08053
Tel - 856/334-8943
Fax - 856/334-8947
Credit card info - CC#__________________________________________________________
Expiration date_______ /________
Amount to be charged - $________________ Signature____________________________________________________________________
Address of CC holder_______________________________________________________________________________________________
Hotel room reservations can be made here:
https://www.totalrewards.com/hotel-reservations/main/?propCode=CAC&groupCode=SC06CH5
Please use the Breakfast/Seminar Registration Form to add additional personnel for Tuesday & Wednesday. Your conference fees are not tax deductible as a charitable contribution.
24
New Jersey State Association of Chiefs of Police
103rd Annual Training Conference
June 22 - June 25, 2015
Caesars & The Atlantic City Convention Center
BREAKFAST/SEMINAR REGISTRATION FORM
This form to be used for personnel attending the Breakfasts & Seminars only.
$50 per person per day
Agency___________________________________________________________________________________________________
Address __________________________________________________________________________________________________
City, State, Zip______________________________________________________________________________________________
Tuesday, June 23, 2015 Breakfast & Seminar
Law Enforcement’s Response to Civil Disturbance in America
Presented by: Sgt. Frank Flynn, Boston Police Department
Breakfast: 7:45am - 9:00am
Seminar: 9:00am - 11:00am
Attendee(s) - List by Title/Name:
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------Wednesday, June 24, 2015 Breakfast & Seminar
The Boston Marathon Bombing: Lessons Learned
Presenter: Chief Daniel Linskey, Boston Police Department
Breakfast: 7:45am - 9:00am
Seminar: 9:00am - 11:00am
Attendee(s) - List by Title/Name:
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
______________________________________________________________________________________________________
-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------# of attendees__________ @$50 each - $_____________
Make Purchase Orders/Checks payable to:
New Jersey State Association of Chiefs of Police
Return completed registration form along with payment information to: NJSACOP - 751 Route 73 North, Suite 12 - Marlton NJ 08053
Tel - 856/334-8943 Fax - 856/334-8947
Credit card info - CC#________________________________________________________________
Expiration date______ /________
Amount to be charged - $_____________
Signature_______________________________________________________________
Address of CC holder___________________________________________________________________________________________
Your conference registration fees are not tax deductible as a charitable contribution.
25
The New Jersey Police Chief Magazine | March 2015
New Jersey Supreme Court Sexual Harassment Decision
By Amy E. Rudley, Esq., Cooper Levenson, Attorneys at Law
The New Jersey Supreme Court, issued a
very significant decision on Wednesday
regarding Sexual Harassment vicarious
liability for employees. In Aguas v. New
Jersey, the Court ruled that there is an
affirmative defense available to employers
where the employer exercised reasonable
care “to prevent and correct promptly any
sexually harassing behavior.” The Court
stated that this defense is intended
to
incentivize employers to actively implement
and enforce anti-sexual harassment policies.
The Court interpreted prior precedent as
requiring a fact specific inquiry in which the
employer’s implementation of a meaningful
anti-harassment policy, or its failure to do
so, would be extremely important. In order to meet the requirements for this defense, employers will
certainly need to demonstrate the implementation of an appropriate policy and the provision of training
to all employees.
The Court explained in its ruling that this defense supports the purposes of the New Jersey Law Against
Discrimination’s prohibition against harassment and the intent to eliminate “sexual harassment in the
workplace by motivating employers to maintain effective anti-harassment policies.” The Court also went
on to describe that it will also consider whether the plaintiff “unreasonably failed to take advantage of
any preventive or corrective opportunities provided by the employer or to avoid harm otherwise.” As a
result, a certain degree of responsibility is being placed upon the victim/complainant to take action and
report the harassing conduct through the internal measures provided thereby allowing employers the
chance to stop the conduct.
This decision is a great success for employers in New Jersey as they will no longer be at risk for vicarious
liability for supervisor sexual harassment through preventative measures. The significance of employer
policies and employer provided training is emphasized in this decision. All New Jersey employers would
be wise to provide this training on an annual basis to their employees to enable themselves the opportunity to present this defense.
For questions pertaining to this decision or any other employment-related questions, the author of this
article, Amy E. Rudley, Esquire, a Partner in Labor & Employment Department of Cooper Levenson, P.A.,
may be reached at 609-572-7408 or via email at [email protected].
DID YOU KNOW? The F. Thomas Mueller Scholarship is open to any graduating High School student at an accredited college, university or vocational program within the upcoming school year. It is also open to anyone currently enrolled in a college program. The applicant must be a child, or direct descendant, of any law enforcement officer (local, State or federal) who lost their life in the line of duty. For more information, please visit www.njchiefs.org 27
The New Jersey Police Chief Magazine | March 2015
New Jersey Chiefs of Police Partners with CARFAX
Good news! CARFAX is partnered with the NJ Chiefs of Police to provide an integrated solution for law enforcement
agencies. Your agency can get free, unlimited access to the CARFAX suite of Investigative Tools through our data
exchange program.
POWERFUL INVESTIGATIVE TOOLS
 VIN Alert—Monitor vehicles and get email notifications when there is activity reported to CARFAX.
 Vehicle History—Search, scan or view vehicle history on your desktop or mobile device.
 Crash Center—Search our national database of accident reports to find persons of interest.
 CARFAX tools are free to your agency as part of our information exchange program. When your agency shares
its vehicle crash data with CARFAX, you will receive unlimited access to their 14 billion record vehicle history
database and investigative tools.
The information CARFAX provides can help find additional clues and intelligence ranging from vehicle color to recent
service history to accident reports and more. The unique CARFAX database grows by more than 4 million records
daily from more than 92,000 public and private data sources.
Recently, our database was used to help generate a lead for a major case in Colorado. A
police department there was looking for a suspect in a first degree assault/attempted
murder case. They had exhausted their resources and the case was getting cold. Months
later, one of our CARFAX representatives met with the department to introduce them to our
investigative tools. As part of the demo, they provided a VIN that was related to the suspect
and plugged it into our VIN Alert program. The VIN was run through our database and
returned a vehicle history report with a record that showed the vehicle had been at a service
facility in Kentucky getting its fluids checked just days after the incident had occurred in
Colorado. This information gave investigators a new lead to locate their suspect.
In addition to this partnership, your agency has the option to enroll in the CARFAX E-Commerce solution to sell your
accident reports online to citizens and insurance companies, saving your agency time and money.
E-COMMERCE SOLUTION—NO CONTRACT or ANY FEES
Selling accident reports has never been easier for your records and administrative staff. CARFAX can build a customized website for your agency to sell accident reports and generate additional revenue.
Zero Fees when selling your crash reports (just the charge that your department issues)
 Analytics—User-friendly dashboard shows total reports sold, revenue generated, recent uploads, purchase
history and sales trends.
 Dedicated Support—Your dedicated account manager will get you setup, train your staff and assist you throughout the program.
 Secure Uploads
To activate your CARFAX account through the NJSACOP partnership, contact Matthew Simpson at
[email protected] or 610-858-7304. For more information on CARFAX, visit www.carfaxpolice.com.
You’ll join a growing list of agencies including:
Atlantic City PD, Barnegat Twp. PD, Bedminster Twp. PD, Berkeley Heights PD, Bernardsville PD, Bogota PD, Butler
Borough PD, Borough of Garwood PD, Borough of Kinnelon PD, Brielle PD, Brick Twp. PD, Carlstadt PD, Cape May
City PD, Chester Borough PD, City of Summit PD, Cliffside Park PD, Cranford PD, Deal PD, Denville Twp. PD,
Dumont PD, Elizabeth PD, Freehold Twp. PD, Galloway Twp. PD, Glen Rock PD, Hackensack PD, Haddon Heights PD,
Hanover Twp. PD, Harding Twp. PD, Harvey Cedars PD, Hillside PD, Keyport PD, Lacey Twp. PD, Lakehurst Borough
Continued on next page
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The New Jersey Police Chief Magazine | March 2015
Continued from previous page
PD, Lakewood PD, Lawnside PD, Leonia PD, Little Falls PD, Little Ferry PD, Little Silver PD, Lodi PD, Long Hill Twp.
PD, Lyndhurst PD, Mahwah PD, Manchester Twp. PD, Mansfield Twp. PD, Middle Twp. PD, Millville PD, Monroe Twp.
PD (Gloucester Co.), Montclair State University PD, Moonachie PD, Morris County Prosecutor’s Office, Morris Twp.
PD, Mount Holly PD, Mountainside PD, Newtown PD, New Hanover Twp. PD, New Jersey Turnpike Authority PD, New
Providence PD, North Plainfield PD, Palmyra PD, Paramus PD, Passaic County Sheriff’s Office, Pine Beach PD, Pine
Hill PD, Pleasantville PD, Plainfield PD, Point Pleasant Beach PD, Rahway PD, Randolph PD, Raritan PD, Rochelle
Park PD, Rutherford PD, Sayreville PD, Scotch Plains PD, Ship Bottom PD, South Toms River PD, Spotswood PD,
Springfield PD, Stafford Twp. PD, Toms River PD, Town of Boonton PD, Tuckerton Borough PD, Union County PD,
Union Twp. PD, Vineland PD, Voorhees PD, Washington Twp. PD, Washington Twp. PD (Gloucester Co.), Watchung
PD, West Deptford PD, Westampton PD, Westfield PD, West Orange PD, West Wildwood PD, Wildwood Crest PD,
Wildwood PD, Woodland Park PD.
New
Association
Sponsorship
Makes
Personalized Safety Videos Easy and
Affordable for NJSACOP Members
Montclair State University Police Chief Paul Cell was February’s winner of Interaction Insight Corporation’s Personalized PSA Social Media Video giveaway, a new member benefit introduced at the October 2014 NJSACOP State
Chiefs Briefing. Chief Cell’s name was drawn at the February NJSACOP Monthly Briefing. Interaction Insight Corporation (IIC) provides Call Recording solutions for PSAPs and Public Safety Organizations, and they are giving away
these videos monthly as part of their sponsorship of the NJSACOP.
Throughout this year, the NJSACOP has made police agency utilization of the full spectrum of social media
platforms. As was stressed at our “Marketing Your Police Agency” this past March, you simply cannot successfully
promote your department and the value you bring to your communities unless you take advantage of social media
to communicate and even dialog with the residents in the community you serve. Accordingly, we are pleased that
IIC is able to add value to the NJSACOP in this manner.
As mentioned at previous meetings, a special NJSACOP group rate has been established, plus IIC is providing an
additional subsidy for these videos should you wish to have these personalized social media videos made for your
department’s website, Facebook page, and other social media outlets.
To enter your name to win at next month’s meeting, visit www.interactionic.com/njsacop-scoial-media-videoentry.html. You can also visit www.PersonalizedPSAs.com. An informational fact sheet that explains the program
can be found in this month’s NJ Police Chief Magazine as well.
Below you can view the video that was made for Chief Scherb of Allendale PD.
29
The New Jersey Police Chief Magazine | March 2015
Healthy Living Tips from
If you take statins, take note
If you’re one of the more than 1 billion people worldwide who takes a cholesterol-lowering statin, you may be at higher risk for
side effects if you also take certain antibiotics. In a recent study, researchers found that taking the antibiotic clarithromycin
(brand name: Biaxin) led to slightly increased risk of dangerous drug interactions for certain statin users.
In the study, researchers analyzed a database of more than 104,000 people ages 66 and older who were taking one of two common antibiotics—clarithromycin or azithromycin (Zithromax) - along with one of three statins: rosuvastatin (Crestor), pravastatin
(Pravachol) or fluvastatin (Lescol). The risk of hospitalization or death due to acute kidney injury or high potassium, levels in the
30 days following clarithromycin prescription was higher in those who took the clarithromycin-statin combo.
While the authors point out that drug interactions are uncommon, they advise it’s better to err on the side of caution. The authors
suggest that azithromycin, or another antibiotic that doesn’t interact with statins, may be a safer option.
What’s more dangerous than obesity? You might be surprised!
You’ve probably heard about the dangers of obesity, such as high blood pressure, heart attacks and stroke, just to name a few.
That’s why the results of a recent study are so surprising: Lack of exercise may be twice as deadly as obesity.
The study, which analyzed 334,000 people over an average of 12.4 years, tracked height, weight, waist circumference and selfreported levels of physical activity. The researchers found that eliminating physical inactivity would reduce the number of deaths
twice as much as eradicating obesity.
The good news? Even a little exercise—as few as 20 minutes of walking a day—reduced the risk of early death by up to 30 percent. So get moving! Clean your kitchen, walk as you talk on the phone or read the newspaper on a stationary bike. Every little
bit counts!
Want to live longer? Eat whole grains!
Who knew the secret to a longer life could be found in your pantry? According to researchers, regularly eating whole grains, such
as whole-wheat bread, brown rice or oatmeal, could add years to your life.
The findings come from two long-term health studies involving more than 118,000 nurses and health professionals. In the studies, participants answered diet questionnaires every two to four years, which included questions about their intake of whole
grains—which help slow digestion, prevent blood sugar spikes and contain more vitamins and minerals than processed grains. The
researchers found that one-third fewer people died among the group that ate the most whole grains daily when compared with
those who ate the least amount of whole grains. In fact, a person’s risk of early death declined with each serving of whole grains
added daily.
To add more whole grains to your diet, try a few simple swaps:




Use whole-wheat bread instead of white bread
Substitute brown rice for white rice
Add barley to vegetable soups
When baking, experiment with replacing some of the white flour with whole-wheat or oat flour
30
The New Jersey Police Chief Magazine | March 2015
Debunking Some Myths About Police Liability
By G. Patrick Gallagher, Gallagher-Westfall Group
There are no hard and fast rules about police liability, at least as far as attempting to manage it or decrease its organizational and economic impact. I would like to present a few of them in Part I of a
….part series on this topic. I feel the time has come, the message is crystal clear: the police profession
has imbedded in its psyche a number of misconceptions about police liability which actually will make
the burden increasingly onerous in the next decade, as plaintiffs’ attorneys ratchet up their activities,
energized by the Brown, Garner, Rice and Boyd deaths at the hands of our officers.
1. Litigation acts as a major deterrent for future lawsuits and police misconduct. This observer of the
liability picture feels that in the aftermath of the lawsuit-generating incident, the long, drawn out
process of seeing it to its final termination mutes the message, and retards dramatic change for the
better. Police hope for eventual vindication in the civil process and are reluctant to change for fear
of seemingly admitting that previous practices were wrong; change might aid the opposition in the
evolving lawsuit.
Litigation, I liken to getting a traffic ticket. If you’ve never had one, then the ticket might influence
your driving, and because you are generally observant of the laws, your driving might become more
careful, you ease up in the gas pedal, you become more observant. However the person who has a
series of tickets, and frequently has been hauled into court, another ticket, another paid fine, and
there is little amelioration in his driving style.
2. Litigation affects most directly a few officers and possibly the chief if named in the suit. The burden
of the suit is handed over to the insurance pool where arrangements are made with defense counsel who makes the requests for documents, arranges for officers’ depositions, and unless there is a
settlement, shepherds the cases through the trial.
3. Changes which do occur as a result of litigation usually take place two or three years removed form
the incident, allowing patterns of conduct to continue and become embedded even more deeply.
Some departments do not process complaints about police conduct until the lawsuit is decided. Internally when investigations are conducted for administrative purposes by I.A., the results are not
critical of performance when warranted to the extent that the organization learns something.
4. Is a lawsuit filed against an officer equivalent to a complaint if covering the same facts? The same
set of facts if contained in a complaint to I.A. would go through a set investigative process. But
those facts which form the basis of a legal complaint as pat of a filed suit, are usually not equated
to a complaint against the officers and are not investigated by I.A., What is the logic here?
5. Police are the victims of litigation. True? If we consistently see ourselves as the victim, claiming,
“It’s not our fault,” then we have to take no responsibility for what occurred. If there is no responsibility, there is no need to change. If no responsibility to change, and no change we might always
see ourselves as that victim. We become accustomed to the role of victim, and therefore will only
continue to be victimized which will become our default belief.
6. On occasions when the impact of a lawsuit generates some change, I.e. a policy is tweaked, some
additional training is prescribed the profession fails to make that change systemic. There is little
continuity or connection to the necessary full range of the change continuum, little agency-wide
support and concentration on making certain, that for this one task, every factor affecting performance is improved. We change a policy. Do we make sure officers are trained in knowing how to apply the policy? Are supervisors taught exactly how to enforce it? Are reports scrutinized and evaluated?
Continued
31 on next page
The New Jersey Police Chief Magazine | March 2015
Continued from previous page
7. Police, it is thought, have little responsibility for risk management. Yet while we manage risk when it
comes to many operational situations, we fail to apply sound risk management principles to the truly
risky tasks our officers perform with an eye to reducing losses form liability by raising performance
levels, the most critical but often missing focus of our efforts. Everything should be driven by the
question: “How will this action (policy, training, promotion, discipline, commendation) improve performance?”
8. Action in the aftermath of the filing of a suit must be immediate. Ask the question: “What really happened? What policies must be changed? What training upgraded? What was the role of the supervisor,
the quality control inspectors for police performance? What corrective action must be instituted?”
2015 National Distracted Driving Enforcement
April 10-15, 2015
In recognition of April’s National Distracted Driving Awareness Month, NHTSA
has planned a number of activities. We are also kicking off its second national
highway visible enforcement campaign for distracted driving U Drive. U
Text. U Pay., which is supported by English and Spanish language television,
radio and digital advertising.
NHTSA has also developed a robust social media strategy designed to raise
public awareness about the consequences of texting and driving. The focus is
on the idea that “if you’re texting, you’re not driving.” We anticipate that this
message will engage the target audience of men and women 18-34 (slightly
skewed toward women) with creative and persuasive messaging on NHTSA
social media channels and their media partners.
Paid advertising will run April 6-15, 2015. Click here<http://links.govdelivery.com:80/track?
type=click&enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTUwMjEyLjQxNTA2NjYxJm1lc3NhZ2VpZD1NREItUFJELU
JVTC0yMDE1MDIxMi40MTUwNjY2MSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3MzgyNzQ3JmVtYWlsaW
Q9am9obi5jb3lsZS5jdHJAZG90LmdvdiZ1c2VyaWQ9am9obi5jb3lsZS5jdHJAZG90LmdvdiZmbD0mZXh0cm
E9TXVsdGl2YXJpYXRlSWQ9JiYm&&&100&&&http://www.trafficsafetymarketing.gov/newtsm/pdf/2015TextingEnforcementMWP.pdf> for the 2015 Media Work Plan.
Currently available:
- 2015 Campaign Materials<http://links.govdelivery.com:80/track?
type=click&enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTUwMjEyLjQxNTA2NjYxJm1lc3NhZ2VpZD1NREItUFJELU
JVTC0yMDE1MDIxMi40MTUwNjY2MSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3MzgyNzQ3JmVtYWlsaW
Q9am9obi5jb3lsZS5jdHJAZG90LmdvdiZ1c2VyaWQ9am9obi5jb3lsZS5jdHJAZG90LmdvdiZmbD0mZXh0cm
E9TXVsdGl2YXJpYXRlSWQ9JiYm&&&101&&&http://www.trafficsafetymarketing.gov/
DistractedDrivingEnforcement>
- 2015 PEAK Enforcement Kit<http://links.govdelivery.com:80/track?
type=click&enid=ZWFzPTEmbWFpbGluZ2lkPTIwMTUwMjEyLjQxNTA2NjYxJm1lc3NhZ2VpZD1NREItUFJELU
JVTC0yMDE1MDIxMi40MTUwNjY2MSZkYXRhYmFzZWlkPTEwMDEmc2VyaWFsPTE3MzgyNzQ3JmVtYWlsaW
Q9am9obi5jb3lsZS5jdHJAZG90LmdvdiZ1c2VyaWQ9am9obi5jb3lsZS5jdHJAZG90LmdvdiZmbD0mZXh0cm
E9TXVsdGl2YXJpYXRlSWQ9JiYm&&&102&&&http://www.trafficsafetymarketing.gov/
DistractedDrivingEnforcement-PEAK>
More 2015 materials available soon.
32
The New Jersey Police Chief Magazine | March 2015
New Developments in NJSACOP Law Enforcement Accreditation Program
By Harry J. Delgado, Ed.S., NJSACOP Accreditation Program Manager
The New Jersey State Association of Chiefs of Police Law Enforcement Accreditation Program has
launched its training for new and experienced accreditation managers (NAM) in service training. The
eight hour session is also a requirement to meet NJSACOP LEAP Standard 1.9.11.
The training places emphasis in building accreditation files, proofs of compliance and other strategies.
There is a hands on component or practical exercise in file review with critique. Attendees receive the
benefit of individual feedback in real time and leave with a clear understanding of how to complete accreditation files.
The session includes an overview of the NJSACOP LEAP and the revised Standard Manual which goes
into effect in May 2015. Attendees receive useful materials such as an Accreditation Program Revision
of Current Standards and General Assumptions for Agencies and Assessors.
Class goals delve into understanding program requirements, ensuring effective self assessment, review
policy development, preparing clear and concise files, and know what it actually takes to prove agency
compliance. Upon completion of the course attendees should be able to prepare compliant directives,
identify standard trigger words, plan an effective self assessment, standardize file organization and an
insiders perspective as to what NJSACOP LEAP assessors look for.
The response to this training has been overwhelming. We are currently scheduling our fifth session in
April. To register, please contact Jennifer Conover at 856-334-8943 or email [email protected].
The topics and information for the clinics will be posted on our website as the schedule is developed.
Finally in March of 2016 NJSACOP will hold a “Law Enforcement Standards and Professional Services
Symposium” that will feature the NJSACOP LEAP, training and other subjects.
Attendees at the February 26th New Accreditation Manager Training course at
South Brunswick Twp. Police Dept.
The New Jersey Police Chief Magazine | March 2015
Photos from the February State Chiefs Meeting
association business
SAVE THE DATE
March State Meeting
March 5, 2015
10:00 a.m.
Doubletree Hotel
Tinton Falls, NJ
New Police Chiefs Orientation
March 16-20, 2015
Middlesex County Fire Academy
Sayreville, NJ
Two Special Presentations by Dr. Laurence Alison
March 23 & 24, 2015
Burlington County EMS Training Center
Westampton, NJ
April State Meeting
April 2, 2015
10:00 a.m.
Doubletree Hotel
Tinton Falls, NJ
Police Executive Institute—14th Session
SOLD OUT
April 13—17, 2015
The National Conference Center/Holiday Inn
East Windsor, NJ
One Day Seminar with Jack Enter
April 15, 2015
The National Conference Center/Holiday Inn
East Windsor, NJ
May State Meeting
May 7, 2015
Doubletree Hotel
Tinton Falls, NJ
NJ Statewide Law Enforcement Memorial Service
May 19, 2015
The Great Auditorium
Ocean Grove, NJ
103rd Annual Training Conference
& Police/Security Expo
June 22-25, 2015
Caesar’s Hotel & Casino
Atlantic City, NJ
For more information on these events, please visit
www.njsacop.org.
The NJSACOP welcomes the following
new members:
ACTIVE
Chief David Irizarry
Metuchen PD
Chief Thomas Mastrangelo
Hillsdale PD
Chief Carmine Pezzuti
Franklin Lakes PD
Chief Vincent Quatrone
Lodi PD
Chief Joseph Walker
Ringwood PD
PRIVATE SECTOR
AFFILIATE
Michael Coppola
President & CEO
CJIS Solutions
Michael Peacock
Regional Manager
FJC Security Service
PROVISIONAL
Acting Chief
John McCabe, Jr.
Union Co. Pros. Office
NJSACOP Executive Staff
Executive Director
Mitchell C. Sklar, Esq., CAE
[email protected]
Director of Professional Services
Chief William Nally, Ret.
[email protected]
Office Manager
Melissa J. Gaines
[email protected]
Programs & Publications Manager
Jennifer Conover
[email protected]
Accreditation Program Manager
Harry J. Delgado
[email protected]
Public Affairs & Partnerships Manager
Alexandra DeLeon
[email protected]
NHTSA Law Enforcement Liaison
Chief John J. Coyle, Ret.
[email protected]
NJ Office of Highway Traffic Safety Law Enforcement Liaison
Chief Michael Morris, Ret.
[email protected]
NEW JERSEY STATE ASSOCIATION OF CHIEFS OF POLICE 751 Route 73 North, Suite 12 Marlton, New Jersey 08053 P] 856.334.8943 F] 856.334.8947 E] [email protected] W] www.njsacop.org