What is the name of your state (only U.S. law)? Pennsylvania
Four months ago my nephew was approached by a police officer because someone claimed he was swerving while driving (the officer did not witness). At the time the police officer approached him, the car was parked. The police officer asked to search the car and my nephew allowed it (he's 19). The police officer found a pipe used to smoke synthetic marijuana and an empty package. I spoke with the officer when i picked my nephew up and he said he only found the empty package no drugs. My nephew just received a letter in the mail saying he was being charged with paraphernalia and possession of a controlled substance. Is there any chance my nephew can beat these charges considering the officer did not see him driving and did not conduct a sobriety test . Did he have the right to search his car other than my nephew allowing it. As I stated above, the officer told me he only found an empty package so how can my nephew be charged with possession?What is the name of your state (only U.S. law)?
Four months ago my nephew was approached by a police officer because someone claimed he was swerving while driving (the officer did not witness). At the time the police officer approached him, the car was parked. The police officer asked to search the car and my nephew allowed it (he's 19). The police officer found a pipe used to smoke synthetic marijuana and an empty package. I spoke with the officer when i picked my nephew up and he said he only found the empty package no drugs. My nephew just received a letter in the mail saying he was being charged with paraphernalia and possession of a controlled substance. Is there any chance my nephew can beat these charges considering the officer did not see him driving and did not conduct a sobriety test . Did he have the right to search his car other than my nephew allowing it. As I stated above, the officer told me he only found an empty package so how can my nephew be charged with possession?What is the name of your state (only U.S. law)?