The first thing you need to do is to retain a criminal
lawyer. Make sure you show him valid prescriptions for all of the medication. He ought to be able to make the drug possession charges go away. You will still have to deal with the driving on a suspended license issue and possibly even a driving under the influence of drugs charge. Though if they did not do you a blood test, the breathalyzer results will probably not show anything and all they would have was the word of the officer and the fact that you do take prescribed medication.
As to whether the seizure of your medications was proper or not, if the drug charge are dismissed, you'll likely never need to find that out. You do have issues, but basically, the US Supreme Court
has ruled that there is no bright line test as to what is and isn't Constitutional. These must all be determined on a case by case basis at pre-trial
suppression hearings. The test the court must apply is what a reasonable police officer would do under all of the circumstances.
To stop a car, an officer just needs a reasonable(articulable) suspicion that some criminal activity may be taking place. It must be something more than a hunch, but it only has to be something that the officer can put into words. In your particular case,the officer told you that he stopped you for erratic driving and you concede that you were having difficulty securing your Tom which kept falling, and that you actually were driving eratically while you were picking it up.
That enables the officer to ask you for your ID and tell you to get out of the car, to pat you down for safety, and detain you for a brief time. As the police go through each of these steps, depending on what else they witness they could end up with probable cause
to dig deeper.
The officer had already discovered that your license was suspended and after seeing the results of the breathalyzer inquired about drug use. Because you admitted to taking medication, He asked you to show him that, which you did. The unlabeled drugs (and for that matter the suspension) enabled him to arrest you, which he did.
To search your vehicle, he would need either to have a warrant or an exception to warrant requirement. In this case, the officer would likely claim that he was searching incident to the arrest he'd already made, which would be an exception to the warrant requirement. Miranda warnings are to be read prior to post arrest interrogations
. If you were never interrogated after this arrest, Miranda would not apply. And lack of MIranda warnings will not get a case dismissed. It will merely keep any statement or confession you may have made from coming in as evidence to be used at trial against you.
Again, none of this may be an issue, if your lawyer can get the drug matter dismissed and if the DUI is never charged. But should the prosecutor not agree to dismiss the one and should they also bring the other if you want to go to trial on these cases you will be able to get a pre-trial hearing to examine whether or not the conduct of the police was sufficient to violate your Constitutional rights and whether the drugs or any statements you made to the police should be suppressed and kept out of your trial.
If you cannot afford an attorney, just plead not guilty at your arraignment and ask the court for a public defender.