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: New York Supreme Court Criminal Term Library

New Jersey Law Journal: News Briefs April 22, 2009

By David Badertscher, PLL

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If you are already an online subscriber to the New Jersey Law Journal News Alert Service you should be able to click on any of the links provided below, sign in, and access the full text of articles listed.

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JUDGE OKs CLASS ACTION PACT OVER EATING-DISORDER COVERAGE
"A federal judge gave final approval Tuesday to a class action settlement that requires Horizon Blue Cross of New Jersey to expand benefits for 1.5 million eating disorder patients and pay up to $2.45 million to the plaintiffs' lawyers. Left for another day was the division of the award between the two feuding plaintiffs' firms in the case. Under the settlement approved by U.S. District Judge Faith Hochberg in Newark, 566 Horizon insureds whose coverage for anorexia and bulimia were limited by Horizon restrictions will recover about $1.2 million. Horizon also agreed to treat any future eating disorder claims by 1.5 million of its 3.3 million insureds as they would claims for biologically-based mental illnesses (BBMI ) like schizophrenia ? reforms that will cost the company an estimated $17.8 million".

REASONABLE-CONTINUATION DOCTRINE JUSTIFIES SECONDARY SEARCH
"Following the lead of the federal courts, a New Jersey appeals court ruled Tuesday that law enforcement officials can rely on the "reasonable continuation" doctrine when they decide to conduct additional searches of a suspect's property following a valid initial search. The Appellate Division ruling, in State v. Finesmith, A-1056-08, means prosecutors will be able to use evidence of child pornography seized from a suspect's laptop computer, even though police did not find the laptop during the initial search of the suspect's home and only learned of its location when a detective questioned him after he had invoked his right to counsel. The warrant authorized the police to search the home for "any and all computers" and the court said it was clear the police would have considered their search of the home incomplete without finding the laptop."

ELEC BANS USE OF CAMPAIGN FUNDS TO PAY FOR CRIMINAL DEFENSE
"The Election Law Enforcement Commission has revised New Jersey campaign finance rules to bar politicians charged with crimes from applying leftover campaign funds to their defense costs. The revisions, adopted Monday by ELEC, prohibit use of campaign contributions for "legal fees and expenses for criminal defense of a candidate or officeholder, including defense in a criminal inquiry or criminal investigation, and defense of a criminal indictment or other criminal proceeding." The revised rule interprets language in N.J.S.A. 44A-11.2(a)(6), which permits expenditures of campaign funds for "the ordinary and necessary expenses of holding office." The changes come in the wake of federal corruption convictions of three former state senators ? Wayne Bryant, Sharpe James and Joseph Coniglio ?who sought to tap campaign war chests for their defense.
"

U.S. HIGH COURT LIMITS WARRANTLESS VEHICLE SEARCHES
"The U.S. Supreme Court ruled Tuesday that police need a warrant to search the vehicle of someone they have arrested if the person is locked up in a patrol cruiser and poses no safety threat to officers. The Court's 5-4 decision in a case from Arizona puts new limits on the ability of police to search a vehicle immediately after the arrest of a suspect, particularly when the alleged offense is nothing more serious than a traffic violation. Justice John Paul Stevens said in the majority opinion that warrantless searches still may be conducted if a car's passenger compartment is within reach of a suspect who has been removed from the vehicle or there is reason to believe evidence will be found of the crime that led to the arrest.
"

COURT HEARS ARGUMENTS OVER DRUG STRIP SEARCHES IN SCHOOLS
"The U.S. Supreme Court struggled Tuesday to find the right balance between student privacy and public school safety in the case of an Arizona middle school girl who was strip-searched on suspicion of having an ibuprofen pill. Pushed by hypothetical questions from the justices, lawyers on both sides made concessions that appeared to displease the Court ? with the school district's lawyer saying that in some circumstances a body cavity search of students could be permitted, while the student's lawyer said strip searches of students should almost never be allowed, no matter how serious the threat to student safety. In the end, it appeared likely that a majority of the Court will follow its traditional pattern in cases involving schools and drugs by giving school officials broad discretion in their supervisory role over students."

New Jersey Law Journal®
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Full post as published by New York Supreme Court Criminal Term Library on April 22, 2009 (boomark / email).

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