Need aid with marijuana illegal search & seizure predicament at college?
Posted on 03 April 2012 by smokeandtoke6123
Query by : Want aid with marijuana illegal search & seizure scenario at university?
I attend SWIC in Illinois and a pal of mine was arrested today leaving a class within the university in front of other students.. he was searched correct then & there on his man or woman and in his backpack, nothing at all was discovered. He was taken to the police workplace at the university (I am assuming they have a private police force or one thing considering that it is a college and was on the house) and informed they had an informant who informed them he was promoting marijuana on campus and smoking it with other females in his car. He denied it and they asked if they could search the vehicle, he mentioned no, they did anyway and identified his pipe loaded with weed. Took it in as proof, apparently an individual greater ranking came in and stated it had been seized illegally and could not be used as proof against him, he was released.
I am one particular of individuals females. He warned me not to go to class, he didn’t say my name was described, but.. Pretty positive I am getting arrested up coming. What’s up with this? Is this even legal? Just moved to Illinois and honestly not certain if these laws differ from state to state. They won’t uncover anything on me, but I am not significantly on getting arrested in front of absolutely everyone. Any insight or aid appreciated, and anti-marijuana feedback will just be ignored, so go enlighten someone else.
Greatest answer:
Solution by Zahid
You did mention that anti-marijuana feedback would be ignored, so I’ll attempt and keep this solution merely facts.
If a police officer/team arrest someone without having a warrant, or liable proof of which could be presented in a court of law, they are infringing upon the legal rights which state: All people on American (or if you’re Canadian, then Canadian) soil are to be cost-free of search and seizure, which is not backed with legal evidence which could be provided in a court of law.
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Tags | college, illegal, Marijuana, Need, predicament, search, seizure
A simple tip is not enough to authorize a search. I think they’d be hard-pressed to even justify a Terry pat. (if a cop sees a bulge that looks like a weapon, they can feel the bulge to determine if it is a weapon. They cannot open the pocket or jacket or backpack unless they they actually feel what they believe to be an actual weapon.)
To search him like you described, they would have to have already decided to arrest him – which requires that they read him his rights.
If the cops already admitted it was an illegal search without a judge having to invoke the exclusionary rule, I guarantee the college legal office is sweating bullets about being sued. College cops are often clueless about the law beyond writing tickets and arresting drunk kids at dorm parties. And college administrators are even worse. Most colleges have a fairly liberal-minded group of employees but they seem to love using fascist tactics on students.