my son was in car accident. he was arrested with out probable reason other than the officer stated that she smelt alcohol. blew a 0.00. after arrested he’s care was searched even after he stated they did’nt have permission to search. accedent cause was from slick roads. The officer broke his cell phone by not properly putting it away, and left on top of car. The charges were dropped, however during the search they found a gun and a small amount of marajuana, can he have this case dismissed because of illegal search and seizure?