Legal Question in Criminal Law in New Jersey

My friend and I were driving in HIS car. We got pulled over, and the officer said the car smelled like marijuana. He asked us to step out of the car and he then asked my friend to sign a consent form to search his vehicle. He signed it, and began to search.. He then asked ME to empty my pockets. I know the law pretty well so I stated calmly, "I do not consent to a search of my person without a warrant, or probable cause, and i am not attempting to hinder you in anyway. If i am not under arrest, i would like to walk away" Then the officer yelled "I SAID EMPTY YOUR POCKETS!" and stuck his hands in my pockets and started emptying them himself. Basically im asking if this is legal or not? I understand that he said the car smelled like marijuana, so that MIGHT have constituted probable cause, however if that were true, then why make my friend sign the consent form? NOTE: The officers reason for pulling us over was "he was wondering why we drove in a circle around the block" and he found NOTHING in the car or on me or my friend, and he left the consent form with us and walked away. I want to know if he acted within his rights and if there is anything i can do. Thanks.


Asked on 3/07/13, 4:33 pm

3 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Sounds like there is a lot you can do with this but you need a lawyer that knows what they are doing. Call me anytime at 732/773/2768 to discuss

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Answered on 3/08/13, 5:01 am
Robert Davies The Davies Law Firm, P.A.

Assuming everything you said is true and you did not leave anything out then you are right. The police officer had no legal basis to empty your pockets.

You need a lawyer to help you move this forward.

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Answered on 3/08/13, 6:53 am
Ronald Aronds Law Office of Ronald Aronds, LLC

You have a good motion to suppress the evidence claim if what you say is true. Please contact my office to discuss your case in more detail. Thank you.

Sincerely yours, -Ronald Aronds, Esq.- (908) 272-0111

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Answered on 3/08/13, 12:14 pm


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