hey grass city so this all literaly happened yeasterday. so iwas just chilling at a buddys appartment smoking weed when i get a phone call from the RA in the dorms asking me to come back cuz it smelled like weed. i hadent been even in my dorm room for like 5 hours so there is no way it smelled from me. well i get back to the dorms and i see a little baggie and a scrip bottle i had in my room already on my desk. i get there they tell me they didnt want to search through my stuff so i should do it. i responded well looks to me you started the seach. they give me some bull shit how they didnt want to go trhough our stuff cuz he have rights or something but they already went through my bags. well long story short the only thing they found was a baggie that once had weed in it and it was only in my back pack cuz i refuse to litter in a state as beautifulll as colorado. so having this bag means i can now be expauled from the dorms and school. i have a meeting to decide my fate tommorow. all becasue i wouldent litter ps. i had weed and my bowl on my at my buddys place when the RA called me so i just stashed my shit there.
Are your rights forfeit in dorm's? I'm actually curious because I've never looked into. If not though I would probably fight it being as he illegaly searched your shit.
im pretty sure i have no right since i live in the dorms i signed something at the beginning of the year saying i wouldent have drugs in my room but idk. there policy is so fucked up and every kid at the school tokes but i think they were in their right to search my shit its just bullshit
What exactly would a lawyer do in this situation? Sorry, man, but if they want to kick you out they can.
1) Ensure his due process was/is not violated. Even schools internal discipline systems must follow due process. 2) Ensure the school's own policies are not violated 3) Threaten legal action incase any rights violations did take place 4) Prevent the school from referring this to police departments 5) Generally make it very difficult for the school to engage in serious life-altering discipline that could permanently impact his life If he is seriously worried about his future, he needs to sit down with a lawyer about this. Every state has different laws that regulate in what ways living spaces like dorm rooms can be entered into and searched. Laws may have been violated. His civil rights may have been violated. If the school had clear evidence that a crime occured (possession of marijuana) and failed to inform the local police department, that alone may be grounds for stopping all discipline processes related to this. So, yes, he needs an attorney. EDIT: The Center for Student Legal Services, out of Ohio University, writes specifically on this topic: http://www.studentlegalrights.org/survival-tips-for-dorm-residents-and-resident-assistants/ Their advice is the same, contact an attorney. Since you (it seems) never consented to any search of your legal residence, there may have been clear rights violations which could prevent any discipline proceedings from taking place.
Mother nature and karma must not be workin together then..cause you sure got fucked for keeping colorado clean. Guess ya shoulda threw it on the ground. (I only condone littering when it's illegal litter)
Just tell em your went fishing, and put your bait in that bitch. (No idea if that's credible in your area)
when your on school owned dorms what they say goes... they are like your landlord. but good luck man, thatd be some bullshit
And landlords can't just enter your apartment and start searching it, it is legally your domicile. Lawyer up bro and let us know how it goes.
Damn, that's a hairy situation. If there was any residue in the bag then you were in possession of drugs. I'm not sure on the rules and shit like that but if your RA lies about your room smelling like weed and he says that shit was laying out they will proabably take his word over yours. I'm not sure what to do in a situation like that. Contact the counseling services at your school at the very LEAST... you should really consult a lawyer, though.