kid with a problem

This is a discussion on kid with a problem within the Criminal Law & Criminal Procedure forums, part of the Legal Questions & Answers Forum category; I came into school smelling of marijuana. The school officer looked through my bag and found a trace amount of a substance that tested positive for marijuana. They then proceeded ...

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  1. #1
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    kid with a problem

    I came into school smelling of marijuana. The school officer looked through my bag and found a trace amount of a substance that tested positive for marijuana. They then proceeded to search the car of the driver who gave me a ride that morning by tricking him into the search. He was not parked on school grounds and he never formally or verbally consented to a search. It may be considered an illegal search and seizure. When in the car, the school officer found my backpack which contained 34 grams of marijuana and other paraphernalia. I was not issued any ticket or notice on the scene, and no other police besides the school officer delt with the situation (no backup from the station was called, and i was not brought to the station for questioning). I admited the items were mine, but I am wondering if my charges can be overturned due to the process in which the contraband was found.


  2. #2
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    It really depends on the details of how they searched your bag...like whether they had your permission, etc... If they violated one of your constitutional rights, the evidence from the illegal search could be suppressed. I would recommend consulting with a local criminal law attorney.
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  3. #3
    The Only Man That Can
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    Based on the story you told;

    1)You were initially "stopped" coming into school (private property)
    2)You smelled of marijuana. Officer now has RAS, and can legally search you.
    3)Tricking your friend in the car to a search is also legal, and a common tactic. People often wave their rights to police. You said your friend never "agreed" to the search but did he flat out deny it? Unlikely. He probably said "ughh okkk, I guess so, sort of...etc." That is enough.
    4)The search yielded 34 grams of marijuana, to which you ADMITTED belonged to you.

    Technically, they have enough to prosecute you, but it seems like you got off lucky, and they won't. If you did not receive a ticket, nor arrested, then you are probably in the clear. You may get disciplinary action from the school, but that seems like it. Perhaps you may consider not bringing illegal substances into school, so you can avoid these problems?
    Legal Disclaimer: Answers to questions on this forum are for informational and educational purposes only and do not constitute Legal Advice. No attorney-client relationship is established through this forum.


 

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