unlawful search of vehicle . help!

[civicracerx7]

What is the name of your state (North Carolina)?

I am at a loss for words
just got back from a very disturbing polcie encounter.
I will keep it short and brief to the point and more details can be provided if needed

Me and another couple were at a bar I got tired and went to the car.
not asleep just chilling to some music and I see my 3 friends heading to the car

My buddy was carryin a beer from the bar some undercover wheel in
and nab him and the two girls right at the back of my gf's car

they see that they were headin to the car im in and tell me to step out

they immediatly start searching the car at what point I said I dont consent and the officer threatened to take me to jail

they found ONE open container from 2 days ago in the floorboard and charged it to my gf since it was her car


so my question is do I have any chance of beating this in court?
I cant afford a lawyer so it would either be me studying and applying law or hoping for court appointed

but the whole thing comes back to the fact thar they had NO PROB cause

any advice greatly appreciated

 

[sandyclaus]

What is the name of your state (North Carolina)?

I am at a loss for words
just got back from a very disturbing polcie encounter.
I will keep it short and brief to the point and more details can be provided if needed

Me and another couple were at a bar I got tired and went to the car.
not asleep just chilling to some music and I see my 3 friends heading to the car

My buddy was carryin a beer from the bar some undercover wheel in
and nab him and the two girls right at the back of my gf's car

they see that they were headin to the car im in and tell me to step out

they immediatly start searching the car at what point I said I dont consent and the officer threatened to take me to jail

they found ONE open container from 2 days ago in the floorboard and charged it to my gf since it was her car


so my question is do I have any chance of beating this in court?
I cant afford a lawyer so it would either be me studying and applying law or hoping for court appointed

but the whole thing comes back to the fact thar they had NO PROB cause

any advice greatly appreciated

I'm thinking the fact that your buddy had an open container of beer while sitting in the back of your car, and the fact that you had just been in bar and probably smelled of alcohol yourself, were probably combined to give the officers probable cause to search your vehicle for additional open containers of alcoholic beverages.

Exactly what was it you were charged with?

 

[civicracerx7]

not correct

he had carried his beer out of the bar and into the parking lot and was about ten feet from the car I was sitting in. I had been sitting there waiting
They pulled up and stopped them before they got to the car

they charged her with open container since it was her car of a beer can from days ago that was in the floorboard

 

[justalayman]

they charged me with open container of two beer cans from earlier that day that were in the floorboard

make up your mind:

they found ONE open container from 2 days ago in the floorboard and charged it to my gf since it was her car

One container; two containers

containers you state were from earlier that day; container from 2 days ago

they charged you; they charged your girlfriend

 

[justalayman]

I see you changed your story, again.

Since you weren't charged, you don't have to worry about it. Have your girlfriend post so we can get a first hand rendition of the story.

 

[HomeGuru]

I see you changed your story, again.

Since you weren't charged, you don't have to worry about it. Have your girlfriend post so we can get a first hand rendition of the story.

***A: yes, provided gf is not drunk.

 

[CdwJava]

Since we have differing accounts of the story, it's hard to say what happened and what might have been lawful. And since it was the girlfriends car, maybe she granted consent to search. Or, maybe she said there was more beer in the car. Who knows?

 

[ecmst12]

I don't see how it changes the legality of having an open container in your car if the container had been there an hour or a week.