Legal Question in Traffic Law in New Jersey

Probably a search could have been done based on probable cause.

The police are not allowed to search your car without either a search warrant signed by a judge or consent of the owner of the car. If your friend had not said anything then the cop would ultimately have had to let you go, unless he somehow convinced a judge to sign a search warrant. But now you are dealing with a drug possession charge so that needs to be addressed. Please contact me to discuss your case in more detail. I never charge for simply talking to a person about their case. Thank you.

Sincerely yours, -Ronald Aronds, Esq.-

www.njworkerscompensationlaw.com

The Answer is actually not so simple. Why was their car even stopped? The issue in some ways sounds like it may be moot since from what your saying the guy admitted to being in possession of the marijuana and may have consented to the search. Does he feel that Officer coersed him? It is almost always a given that the Officer will claim that he smelled the odor of burnt or unburnt marijuana. He may also claim that the driver and/or passenger exhibited physical characteristics of being under the influence of marijuana. Was anyone charged with DUI or was it possession of drugs and paraphanalia only? Often the police will also charge the driver with drugs in a motor vehicle which does not carry jail time but carries a mandatory two year loss of license. It is also not always the case that an Officer necessarily needs a warrant or consent to search the car, If he claims that their existed exigent circumstances (based on recent case law) the police would try to side step a warrant. The only way for me to know if your friend has grounds to file a suppression motion to suppress any evidence (items) taken from the car would be to review the discovery, There are many questions that need to be answered to determine if your friend has a case and/or grounds to challenge the actions of the Officer(s). Please feel free to contact me to discuss, I have been handling these kinds of matters for almost twenty years (201)-894-9498. I would be interested in knowing more about the case.