My question involves criminal law for the state of: New Jersey.
Recently Suspect was arrested for Possession of less than 50g marijuana and possession of paraphernalia. These charges in NJ are 2c:35-10A(4) and 2C:36-2, respectively.
He was also issued the traffic offense 39: 4-49.1, Possession of CDS in motor vehicle.
This traffic offense goes as "No person shall operate a motor vehicle on any highway while knowingly having in his possession or in the motor vehicle any controlled dangerous substance as classified in Schedules I, II, III, IV and V of the “New Jersey Controlled Dangerous Substances Act,” P.L. 1970, c. 226 (C. 24:21-1 et seq.) or any prescription legend drug, unless the person has obtained the substance or drug from, or on a valid written prescription of, a duly licensed physician, veterinarian, dentist or other medical practitioner licensed to write prescriptions intended for the treatment or prevention of disease in man or animals or unless the person possesses a controlled dangerous substance pursuant to a lawful order of a practitioner or lawfully possesses a Schedule V substance."
My questions are
1) Is this traffic citation valid if the suspect's car was in park (in the parking lot of a park) the whole time? No movements were made.
2) Was this a legal stop by the cop?: Suspect was sitting in parking lot and talking to the (1) other passenger in his car, when an officer pulled behind his spot and shined a white beam. Officer stated that "sometimes people smoke pot back here so if you have any just let me know and we'll throw it down the drain." Suspect denied any associations, but officer continued questioning and asked each of the two to step out of the car. Both obliged. Officer continued by asking if its okay to search the car, to which Suspect declined. Officer continues trying for about a half hour. Eventually suspect asked "I have to be somewhere soon, can I please go now?" to which officer responded "Youre going to have to wait until the drug dog gets here." Suspect interpreted this as being detained, and chose to consent to a search to facilitate the process, during which a glass pipe and approx .2grams of marijuana are revealed. Did the officer violate the rights of the suspect?
Thanks for reading!

