twood99
12-08-2009, 11:38 PM
My 18 yr old son was pulled over for suspicious behavior. While approaching vehicle, Officer spotted a unopened/sealed 12pack of Miller Lite. He arrested him NJS 2C:33-15A possession of alcohol by a minor in a motor vehicle. My question is does -the alcohol found in bed of P/U constitute being IN vehicle? He had nothing to drink and was not charged with any DWI offenses.
Just to be on the up and up, The officer then arrested him and searched vehicle... wherein he found a set of brass knuckles; which son said he bought that day @ Columbus Flea market. He then was additionally charged with Possession of an dangerous weapon. Think its a 4th degree felony.. but felony for sure. So.. if the alcohol in bed of P/U wasn't illegal, then would the presumption to search cab be tossed? He's a decent kid ( the 12 pack notwithstanding ) , has no prior arrest or legal troubles, is enlisted in US Navy Delayed Entry Program. We appeared in municipal Court 11/8/09, and it got passed up to Superior Court. I imagine for Grand Jury review?
Just to be on the up and up, The officer then arrested him and searched vehicle... wherein he found a set of brass knuckles; which son said he bought that day @ Columbus Flea market. He then was additionally charged with Possession of an dangerous weapon. Think its a 4th degree felony.. but felony for sure. So.. if the alcohol in bed of P/U wasn't illegal, then would the presumption to search cab be tossed? He's a decent kid ( the 12 pack notwithstanding ) , has no prior arrest or legal troubles, is enlisted in US Navy Delayed Entry Program. We appeared in municipal Court 11/8/09, and it got passed up to Superior Court. I imagine for Grand Jury review?