getting caught by security on campus with pot- any advice on this?

Question

a friend of mine just got busted by campus security with 2 ozs of marijuana, a dozen or so bongs and pipes, and they found the stuff in multiple bags and containers all scattered around in every corner of the room. They gave him and his roomate forms requesting a search which he refused to sign but his roomate did, as well as later giving them a statement form which he put that he has "no knowledge of anything" on. Now security is trying to claim that he had intent to sell even though he never has and did not intend to (he smokes a sh**load of the stuff though). Campus security told him that if he fessed up, that he would be helping himself out a lot (but cops always tell you that and it is bs, they're just probing for information). Security told them that they may turn it into the DEA as intent to sell- if someone didnt confess. Anyone know anything about situations like this/the laws & have any advice to offer him before he does go and confess? This all took place in ohio by the way

Answer 1

He needs to consult a lawyer before he confesses to anything. Regardless of what he does, based on what they found in the room, campus security is most likely going to turn him in to the police anyway so he needs to have legal advice from the start.

Answer 2

He should get a lawyer! Don't get specific legal advice on y! answers. Some issues are too important to accidentally get wrong. The ACLU (american civil liberties union) has some fact sheets on what to do if you are arrested. There is also a book called "Busted!: Drug War Survivor Skills, From Buy to Bust to Begging for Mercy" by M. Chris Fabricant, a defense attorney. It has good advice and I'd recommend it.

Answer 3

Some campuses have police and not security. If in this case it is the latter, he'll likely not get prosecuted as the chain of evidence will not hold up in court, especially if he has a decent attorney. On the other hand, if he was caught by police, which it doesn't sound as though he was, he will eventually have charges levied against him depending upon the circumstances.

Answer 4

Get him to an attorney. His roomate may have allowed him onto the premises but there is still a matter of standing. The roomate can let the officers into common areas but they cannot search the personal property of the other roomate. It is going to have to come down to whether or not his attorney can show whether or not the search was illegal.

Go to findlaw.com and look up the posession laws in your state. 2 ozs. of pot might be below the threshold of what is beyond "personal use." I don't know. The paraphernalia is a seperate charge but still just a misdemeanor. Don't worry about the DEA. They don't give a rat's butt about some kid smoking in the dorms. That is way below their level.

Okay. I reasearched it for you. the first statute is for the parphernalia. it is a misdemeanor. Calculate what 2oz is in grams and the info below will tell you what the charge will be.
You can also go to the link and read more.
http://onlinedocs.andersonpublishing.com/oh/lpExt.dll?f=templates&fn=main-h.htm&cp=PORC


(F) (1) Whoever violates division (C)(1) of this section is guilty of illegal use or possession of drug paraphernalia, a misdemeanor of the fourth degree

(a) Except as otherwise provided in division (C)(3)(b), (c), (d), (e), or (f) of this section, possession of marihuana is a minor misdemeanor.

(b) If the amount of the drug involved equals or exceeds one hundred grams but is less than two hundred grams, possession of marihuana is a misdemeanor of the fourth degree.

(c) If the amount of the drug involved equals or exceeds two hundred grams but is less than one thousand grams, possession of marihuana is a felony of the fifth degree, and division (B) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.

(d) If the amount of the drug involved equals or exceeds one thousand grams but is less than five thousand grams, possession of marihuana is a felony of the third degree, and division (C) of section 2929.13 of the Revised Code applies in determining whether to impose a prison term on the offender.

(e) If the amount of the drug involved equals or exceeds five thousand grams but is less than twenty thousand grams, possession of marihuana is a felony of the third degree, and there is a presumption that a prison term shall be imposed for the offense.

(f) If the amount of the drug involved equals or exceeds twenty thousand grams, possession of marihuana is a felony of the second degree, and the court shall impose as a mandatory prison term the maximum prison term prescribed for a felony of the second degree.

Answer 5

Tell your friend to make a true narration of the facts in order that the statement will be credible. Admission will mean a mitigating circumstance. But if the defense is denial, you have to tell your friend to make a good affidavit showing that your friend has nothing to do with the drugs.

Answer 6

Since they had to give him and his roomie forms, it looks like they didn't have enough evidence to get a reasonable-cause search warrant. Unfortunately, since his roommate let them in, the search was legal, and there isn't much he can do to challenge it. At least he had enough sense not to tell the cops a goddamn thing. Tell him not to confess, never EVER confess to the pigs.

Answer 7

NEVER CONFESS, except as directed to by a competent attorney. Since your friend smokes a buttload of the stuff, I'm assuming he can afford an attorney. Tell him to go see one.

Answer 8

Very busted. They need attorneys big time...

Btw, they have no case whatsoever. Once the police found pot on the roommate's side, they had probable cause to search his side...

Answer 9

Get a lawyer!

Answer 10

blame it on the other room mate, let them go back and forth