Illegal Vehicle Search? Please Help!!!

[faerietela]

What is the name of your state (only U.S. law)? New Jersey

I really need some advice.
My very good friend friend got pulled over in NJ, where we live, for allegedly swerving. She was given a sobriety test which she passed. They then searched her vehicle, which she didn't consent to. They found an open alcohol container & pills that she didn't have a prescription for.
Was this search illegal, since it was done without her permission? Since she passed the sobriety test, would they even have probable cause?

She was arrested and many charges. Shes out on $50,000 bail. She's a good person who made a stupid mistake. Now she's facing jailtime. She is in school to become a teacher. If these charges stick, she won't be able to teach.

If it was an illegal search, could the charges be dismissed? How difficult would that be to argue?

She's out on $50,000 bail now & trying to find the best lawyer within her budget.

Thank you for your help.

If anyone could recommend a great NJ lawyer in Middlesex county NJ. That would be great.

 

[CdwJava]

Until your friend knows why the police say they conducted the search, there is no easy answer.

If she was searched without probable cause, the evidence can be suppressed. If they had probable cause to make the search, or had done so as part of an impound inventory of the vehicle or maybe subsequent to an arrest, the search might be good.

Your friend needs to consult a local attorney. Most consultations can be done for free.

- Carl

 

[irish77]

thoughts

allegedly swerving = probable cause
field test = one method of testing for DUI/DWI

the officer would of had to have asked for permission to search her car. if she refused his request, then he would of had to possibly had to get a search warrant and kept the car there.

she has to remember what was said during the stop. a video from the patrol car could help.