Charges for Drug Paraphernalia

[macjule]

Need some clarity...This weekend my 18 yr old son was pulled over by a city police officer for driving without his headlights on. He was given a warning, and as he went to get back in his car, the officer asked if he minded if he searched his car. My son said "ok", not knowing that he had the right to say no. The officer found a small pipe under the seat. My son had no idea it was in his car and it wasn't his, but in fact belonged to a friend who had dropped it there months before. They then frisked him and his friend, handcuffed them and took them in under arrest. Kept them at the police station asking them all kinds of questions, and then released them. They were never read their rights, and not allowed to call anyone. He is charged with misdeameanor possession of drug paraphenalia. Now here is the problem. He has been on probation for about 7 mths, and in fact was getting off this week having successfully fullfilled all his requirements. This recent incident occured in a different county, but now his probation officer is saying that she may not be able to recommend him for successful completion of his probation.

Here are my thoughts. Should we get a lawyer and fight this charge? The policeman had no probable cause to search his car, but I understand the problem with my son consenting to the search. They searched the trunk too, and his book bag. (hes a college student)
Neither boy had their rights read to them, but were thoroughly questioned for two hours before release.
The car in fact belongs to my husband and is registered in his name. Not sure this makes a difference.
We live in PA, and I'm just looking for advice.
Its amazing to me that someones life can be destroyed like this.....

[Happy Trails]

Miranda rights relate to custodial interrogation (when your son was in custody and being questioned).

He was legally stopped and your son consented to the search. So the officer didn't do anything wrong there.

Yes, he should consult with an attorney, if your son made incriminating statements while he was in custody and was not read his rights, those statements may be ruled inadmissable in court.