This question has to be answered on two fronts:
1) Your son can be searched, arrested and prosecuted if the police and the state have probable cause
. Probable cause only means that a crime may have been committed
and that your son may have had
something to do with it. It's a very low standard of proof. It doesn't mean that he will get convicted, which requires proof of a crime beyond a reasonable doubt.
I cannot tell from your post why the police believed your son was involved in drug activity. But I can assume that if the state is willing to prosecute, they have a good faith belief that your son may have been using, in possession of or dealing drugs -- perhaps a citizen complaint
, or alleged eyewitness, or possible erratic driving when they were following him.
2) It certainly does look as if your son's civil rights may have been stepped on. That would not immediately result in the dismissal of the charges unless when the prosecutor evaluated the case, the state felt that there was no probable cause upon which to go forward. However it would be grounds for your son's attorney to file a motion for pre-trial
hearings which would explore all of the circumstances leading up to and including the police behavior. At those hearings the police would testify and attempt to justify their activities as supported by probable cause. Your son's lawyer could then cross-examine the officers to show that the officers went well beyond what was proper under all the circumstances. If the judge agreed with you, any evidence seized by the improper activities would be suppressed.
Finally, your son may be able to sue the county for his arrest and/or for the violation of his constutional rights, but he will first have to deal with his ciminal matter. Any finding of guilt, any plea he might take, would undercut such a suit.
I am about to leave for the dentist. If you require follow-up, I will be back later this afternoon.
If I've helped, please click the green Accept button so I can get credit for my work.
This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice.