Legal Question in Constitutional Law in New Jersey
NJ- Was this search illegal? Please Help!!! I really need some advice.
I really need some advice.
My very good friend friend got pulled over late Monday night, 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, being it is a violation of her 4th ammendment rights? 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 listening and your help.
Also, if anyone could recommend a a good lawyer, who specializes in these types of cases in the Middlesex county area of NJ. That would be great. Thanks again.
2 Answers from Attorneys
Re: NJ- Was this search illegal? Please Help!!! I really need some advice.
If the open container was in plain sight then they have probable cause to suspect that a crime has been committed. She needs a lawyer because if she is found guilty there may be collateral consequences that may effect whether she is granted a license to teach.
Re: NJ- Was this search illegal? Please Help!!! I really need some advice.
It really depends on the specific facts. The police need probable cause to conduct a search without a warrant, and different parts of your car are subject to different protections (glove box, trunk, etc.). Have your friend check out our website and give us a call. We offer reasonable rates.
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