QUESTION

Does a Juvenile have the right to call parent before consenting to search of car?

Asked on Sep 08th, 2015 on Criminal Law - New Jersey
More details to this question:
My 17 year old son was stopped for a motor vehicle infraction midday while on his way to work. During the stop, the Police Officer mentioned that he smelled marijuana in the car and then went through the whole process of asking/informing my son if would consent to a Search of his vehicle and after my Son declined mentioning that he was already late for work, he was then given the ultimatum of either consenting to the Search or K-9 dogs will be called in. He then consented. The Police Officer had him walk back to his car so that he can read him the entire Consent Form before asking him to sign it. When done, my son asked politely if he could use his cell phone to call me before signing. He was told 'No you cannot'..
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1 ANSWER

Criminal Defense Attorney serving Toms River, NJ at Edward J. Dimon
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This may be the basis for a Motion to Suppress. The officer can stop your son for the motor vehicle violation. He can ask for documents. He can testify to what he smells while getting the documents. He cannot make the consent request predicated upon a no resulting in an additional time delay and the use of a drug dog. For example, the officer cannot say that the failure to consent is irrelevant in that I will call for a drug dog. Please call to discuss. Ed Dimon 732-797-1600
Answered on Sep 08th, 2015 at 7:24 PM

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