Legal Question in Civil Rights Law in New Jersey

I was pulled over for "Falure to maintain Ln" i was north bound on hwy 1, following an 18 wheeler doin the speed limit and driving normal. The officer asked me to step out of the car, he saw some rolling papers and i explained to him sometimes i roll my own cigs. he asked me where the "dope is at" i said i dont do drugs, he then told me i could consent to a search or he would impound my car, i respectfully told him i dont wish to consent to a search that there are no drugs on me or in the vehicle, i asked if i was being detained or if i was free to go. he said i was not free to go, hours later in the freezing cold a tow truck takes my car away for "impounding while waiting on a warrent" all my belongings are in the car, wallet, money, clothes, and its sunday. i was left on the side of the road. This cant be standered procedure.


Asked on 2/19/12, 6:42 am

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

No, this is not standard procedure. Take a close look at his application for a warrant and whether he/she alleges that he had probable cause to believe that the vehicle was being used for a crime and that evidence in the vehicle could be destroyed if not preserved. Alternatively, he could say that he had probable cause to believe that you were intoxicated (ticket?) and unable to drive; or that the vehicle was not properly registered; or the vehicle was unsafe to drive (missing lights, bald tires, no brakes, etc.) Think lawsuit under 42 U.S.C. sec. 1983 against the officer for deprivation of your civil rights under the 4th Amd. and NJ Constitutional violation. I would recommend that you speak to a NJ attorney that specializes in this area.

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Answered on 2/19/12, 7:25 am


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