I was stopped walking the halls of my dorm because an officer claimed I smelled like marijuana. I allowed the officer to search me and he found nothing on my person. After that he said if I let him into my room to search it he would leave me alone. I told him this was a violation of my rights and for him to please get a warrant. Somehow two hours later he returned with one, I was detained in front of my room while I waited with three police officers. Once my room was searched I was charged with possession with intent to distribute, a felony. I am now kicked out of college. Any thoughts? I can't help feeling I got shafted on this one.
Yeah, usually that's when you're suppose to move all the illegal shit away from your premise. You were shafted, now kick yourself in the back of the head.
Negotiate? I hadn't committed a crime at that point in time, why admit to anything? Remember - "Anything you say can and will be used against you in a court of law." Anyone with any basic law knowledge will tell you; DON'T TALK TO THE POLICE.
holy shit, that sucks. Some advice though, I bet you can get out of the distribution charge if you just tell them you smoke a ton, and offer to do some type of treatment for it. It might be bullshit, but they'll probably agree to that.
Good sir I was being detained during that time period. That means I sat out in the hall for two hours being watched by police and my phone was taken from me and no one was allowed to enter my room and I was not permitted to go anywhere. How do you suppose I remove any illegal items in that situation?
oh, well that sounds like illegal detainment. talk to a lawyer i guess, but that's definitely illegal, they had no reason to detain you, and just because you didn't want them to ransack your dorm looking for stuff doesn't mean they can hold you there for no reason. You should be able to get out of this, but talk to a lawyer asap
yes I'm hoping to get it dropped to possession or maybe even thrown out because this seems like a violation of my 4th amendment.
who said anything about admitting to anything, when i say negotiate i mean somehow manipulate the situation man. thats a fuckin felony, you better believe i wouldnt just sit there and take whats coming I mean you didnt even go down swinging, you let them fuck you in the ass
Sounds like you were dealing and just got caught (...because someone else had snitched on you as a dealer ). Sorry you got busted
I got myself a very good lawyer but he hasn't had a chance to look over the case just yet so I wanted to get some other opinions.
ironic you say someone snitched, that is what i thought however i asked my lawyer and when that is the case it has to mention it in the police report and it does not
I'm not sure actually how this will turn out, because although you being detained was illegal, they got a warrant to search your dorm so that wasn't, and since it was with the warrant they found everything, and not on you, i don't know if that's grounds to have the charges dropped. I'd need more facts I guess, and if they held you there for 2 hours they probably did other things wrong too...
but another thing, how did they get a warrant if nobody snitched and all you did was say they needed one? That's some bullshit waste of tax money to issue a warrant for that, and probably in some way unconstitutional, but I don't know
I'm for making the false assumption then, I'n thinking I didn't read it over well enough. This is a tricky situation then, it's hard to take any legal action that will get you reinstated to this school. Bottom-line, they found an illegal substance. It's hard to avoid that in any case.
I'm not worried about the school, I am already expelled. I am only really concerned about my pending felony.
This is exactly what I am saying. Smell is probable case when it comes to my person and I respect that but that has nothing to do with my place of residence. It even says on the warrant that the officer smelled it on my person and that is why he is asking permission to search my room.