Is a vehicle search without consent given illegal if a sobriety test was

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pauliep213

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given and passed? NJ? I really could use a little legal advice from anyone with any legal expertise, or similar experiences, relating to a NJ incident.

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 jail time. She goes to school 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 fourth amendment 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.
 
Did she do the field sobriety test, or a breath test? They have to have probable cause - it is possible they saw or smelled the alcohol or saw the pills. Acting very nervous can sometimes be probable cause for some officers. She will have to discuss with the lawyer whether or not the search was illegal, and to go with that defense. But if she was drinking/taking pills, maybe this is for the best and will help her find her way in life? And if she is a good person/student/never been in trouble before, that will count for her with the courts.
 
Police officers usually check the backseat of the car as they come up to the window. They also can see into the car when they are getting the license and registration, etc. If they see something in plain sight, that is reason enough to perform a search.
 
There isn't enough info here to really tell. What was she charged with. Did she have a warrant? Were the pills in plain sight? Were they in Rx bottles, in a baggie? If you are under arrest, you don't get to consent to the search. They inventory the vehicle whether you like it or not.
 
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