Legal Question in Traffic Law in New Jersey
Pulled over No Reason
My 20 year old daughter was pulled over for no reason. She has a valid drivers license and registration is up to date. Cop told her he pulls people over on route one because some people have drugs in their car. Is this allowed ? Cop searched her car saying that it smelled like pot. Found rolling papers after dumping her purse. Told her that he could have her arrested because of this. Can you be arrested for your car smelling like pot or having rolling papers when no drugs are found ? Cop gave her a ticket for no seatbelt saying that he was doing her a favor by not having her arrested.
2 Answers from Attorneys
Re: Pulled over No Reason
First, an officer must have probable cause to pull someone over and the reason the officer gave your daughter is not probable cause. Second, yes, rolling papers are considered "drug paraphenalia" and she could have been arrested for possessing it. Third, if the officer only gave her a ticket for a seatbelt infraction, have her count her blessings. If all came out of this was a seatbelt ticket, she should pay it. No sense in incurring legal fees to fight it. If there's more to it, get a lawyer quickly.
Re: Pulled over No Reason
What that police officer did is about as illegal as it gets in a police stop. If he charged her with possession of drug paraphernalia I would gladly file a motion to suppress the evidence. However, if she really did not have a seatbelt on then she should pay the fine. If I was you I would consider filing an internal affairs complaint against the police officer who pulled her over. I always suspected that the police just randomly stopped people who they thought in their own minds looked suspicious, and here is actual proof that I was right. It was terrible what he did to your daughter, and you should tell his boss about it. If you have any other questions about this, please feel free to call me.
SIncerely yours, -Ronald Aronds, Esq.-
www.njworkerscompensationlaw.com
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