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I am 16, and in highschool in the 11th grade
about a month ago I was holding illegal drugs for my friend, it was lunchtime so you can leave campus, so i went to his house to give it back to him, (its down the street from my highschool)
anyways, this is what happened, the school cops came and searched me, even if they find anything the 4th amendment protects u.s. citizens being searched without a reasonable cause
I thought the constitution protects u.s. citizens from this kind of stuff from happening
I mean if it was in the school lockers they can search you, but it was on my being, they had no right of search and seizure
if they can do this to anyone.. what was the point of the u.s. constitution??
even if they find anything illegal on your person, they cannot search and seize it because they had no prob. cause,
I have court in a about a week for a controlled substance and possesion
I want your opinions on this
if your gonna give me crap,
please dont waste your and my time.
thanks

2007-10-16 18:58:57 · 13 answers · asked by Andrew Ho 2 in Politics & Government Law & Ethics

I had no warrant and no one knew
the cops just searched me, no reason
( the illegal substance was in a pill bottle so it was sealed shut so none of the smell would get out; they also charged me with paraphernalia for the pill bottle..? I thought that was only with smoking pipes, bongs, ect.)
they also took all my money for homecoming and they wont give it back to me so I missed out on homecoming and my girlfriend was pretty bummed, but they did not charge me with distribution.. but they did take all my money.. whats up with that..?
it was less than .3 grams so its not a felony
they message i'm trying to get out to all of you is what am I suppose to do..? they had no right of search and seizure, it was lunch time so everyone can leave campus, and they still searched me..?
what should I do..?
does the U.S. Constitution have no meaning anymore..?
(it was on my being, concealed inside my pocket;)
I am plead innocent until proven guilty in a court of law, so dont give me your crap
thanks

2007-10-16 19:00:37 · update #1

13 answers

First, you have to explain all of this to your lawyer. If you have a public defender, hire a real lawyer.

If you were on campus when they stopped you and when they searched you, I think you may be out of luck.

It is going to be difficult for anyone to believe that they had no reason to search you, especially since they found drugs.

I know that this sounds crazy but in a sense, the ends do justify the means.

Also, since you are under 18, the punishment won't be that bad, so if you have to plead no contest, no worries.

The law doesn't view incidents that happenned under the age of 18 as crimes. Once you are an adult, you will be cleared.

I hope you don't think I am giving you crap, but the biggest problems you will face will be your parents. Hopefully, they have your back.

Just hire a respectable lawyer, or just do the community service or the diversion program or whatever. It won't go on your record. You are under 18. Enjoy it.

Just don't get caught using or possessing drugs before your probation is over and you will be fine.

It is often easier just to accept the punishment than to risk a terrible punishment for fighting the charges, even if the cops were acting like criminals.

2007-10-16 19:28:58 · answer #1 · answered by Cold Hard Fact 6 · 1 0

I'm a Criminal Justice major so I won't give you crap...just facts. First of all, someone told the cops something about you or they would not have looked for and found you. Chances are they knew you had the drugs on you at school, so you pretty much revoked your right to search and seizure protection. Reasonable cause gives them all the right in the world to search you, wherever you are.

I'm sorry if this is not the answer you wanted, but maybe you should have thought about that before you decided to "hold the drugs for a friend".

2007-10-16 19:11:20 · answer #2 · answered by Anonymous · 0 0

Ok, well, if you were on school property, they had a right to search you. If you were leaving school property and someone saw you with those drugs or a pill bottle -- which is obviously what happened, they had to have a reason to think you needed to be searched -- then they could follow you and search you anywhere else as well. Unfortunately, the Fourth Amendment doesn't apply fully in a school setting. The courts have given schools a lot of leeway in applying rules like search and seizure, especially when it comes to searches for drugs or guns. They have the right to keep the school drug and violence-free at the expense of your fourth amendment rights, and the Supreme Court lets them have that right. Sorry.

2007-10-17 08:04:12 · answer #3 · answered by Hillary 6 · 0 0

Let me get this straight - you had illicit drugs on your person and you don't believe this is probable cause for a search?

You are correct that in general circumstances police need a warrant, however if they have strong suspicions (that they can support through say finding illict drugs on you) then they are legally able to search you and seize anything illegal that you may have.

Generally where this issue arises is when innocent people are searched for absolutely no reason apart from racial profiling or something like that.

Of course you could try and argue in court that there was no probable cause - but a judge would probably rule that considering police found such things on you it was enough.

You need to get a lawyer (if you haven't already) and hope that the court goes easy on you given your age and the mitigating circumstances. In the future think things through more - if a friend asks you to look after their drugs then just say no - it's not worth the risk.

2007-10-16 19:26:16 · answer #4 · answered by xxalmostfamous1987xx 5 · 0 1

First find a GOOD lawyer to discuss your rights and your defense strategy.

If he is competent at all, he will tell you to: LOSE THE ATTITUDE!!! It will only make things worse for you! If you are unfortunate enough to be brought before a real hard nose District Attorney and a Judge looking to "make society safer", you could face time in a Juvenile Facility (nice name for JAIL), and depending upon your State Laws it could be until you are 21 years old!!

Keep in mind that with "El Presidente Bush" in office, the concept of "violating individual rights in the name of the better good" (aka Homeland Security), maybe STANDARD practice for many years to come. Something to think about as you approach your "adult years".

Good Luck!

2007-10-17 03:13:57 · answer #5 · answered by redheadedstepchild 4 · 0 0

It is very obvious that someone told on you for having drugs or you most likely would have had no reason to be searched. Are you very sure that the so called friend you were holding drugs for is really a friend?

2007-10-16 19:46:49 · answer #6 · answered by Dakota Lynn Takes Gun 6 · 0 0

Makes you wonder how they knew you had it, does it not?? If someone told them you had drugs then that is all the probable cause they need. Why would someone want you to hold their drugs????? Sounds like your friend may have had some probable cause for setting you up.

2007-10-16 19:13:03 · answer #7 · answered by 3DDD 5 · 0 0

you are a minor- many Constitutional rights do not apply fully.

you say you were at someone's house and the school cops appeared ? explain...were they real cops or just school security.
we need the rest of the story.

2007-10-17 04:07:02 · answer #8 · answered by sirbobby98121 7 · 0 0

So you are associating with a drug dealer going over to their house, you get searched and do not think there is any probable cause. You are funny.

2007-10-16 19:35:37 · answer #9 · answered by satcomgrunt 7 · 0 0

You have been intercoursed. I predict you will spend at least 18 years in an adult prison.

Obviously, that will not bother you. But, Yo Mama will be hacked off at the person who set you up.

Couldn't you have just done sex stuff like the other kids do?
.

2007-10-16 19:35:07 · answer #10 · answered by Dwayne 3 · 0 1

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