A: Yes. This is almost certainly either a search incident to arrest or an inventory search, either / both of which are permissible.
Still, your friend may or may not enjoy viable defenses to the charges, affirmative or otherwise, or there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges in your unique case.
The best way for your friend to get competent advise is going to be to consult with an experienced and local criminal defense lawyer who can follow-up on her/his information with questions of her/his own, as well as review the police reports and whatever evidence that may be provided and then offer an informed opinion.
My advise: Your friend should locate an experienced 813 area criminal defense lawyer, make an appointment, show up on time, bring whatever evidence, documents or witnesses that s/he may have, engage in a meaningful face-to-face consultation and get her/himself some advise which is legally sound and has been custom tailored as possible to meet her/his specific reasonable needs in her/his unique case.
I hope that I have been helpful in answering your question.
Michael A. Haber, P.A.: Creative, effective and zealous criminal defense advocacy since 1991.
At Michael A. Haber, P.A. "Its all about reasonable doubt".
Michael A. Haber, Esq. is prepared to speak with you about your case!
1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.
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