Question about Marijuana Possession

[youngred]

A friend of mine got busted last night by University police for having marijuana in her room. She has a preliminary hearing next week to decide on things. They siezed a stem and some ash from the room. She wants to say that a friend of hers brought it when they visited and she forgot it was there (which is halfway the truth). Would that defense involve bringing in real police (and make things worse), or would it make sense?

Any help is appreciated

[Chuckup]

1. Is it a dorm?

Can just about anyone gain access to her living area?

[youngred]

2. It's a dorm

and the door was locked. She said the officer said he could smell marijuana in the room, but it could have been from anywhere on her hall. The search found the stuff in a back drawer, so she can't really say it was planted or anything

[Uzybone]

3. a stem and some ash?

why did she store those?

[youngred]

4. she didn't

they were lying around in her room and she had forgotten they were there

[DUreader]

5. Was the search legal?

I'm not clear how they got in.

U policy seems to be paramount at this point in the farce

[youngred]

7. They knocked on the door

and said it was UPD, they wanted to search the room (they have full right to do so, and they had probable cause because he said he smelled weed), called the hall director and CF (RA) and the hall director conducted the search while the UPD looked on.

[HEyHEY]

8. Fucking unreal

Seriously just fucking move up here

[0rganism]

10. Bummer! At a college I went to, campus security would do bonghits w/us

"You guys okay up there?"

"Hell yeah, you want some?"

"Not right now, maybe after my shift is over..."

[7th_Sephiroth]

18. so searching a place is legal

because some university rent-a-cop says he smelled something

[youngred]

21. Basically

You sign over your rights when you live in housing (mostly mandatory)

[HEyHEY]

6. WHAT!

They just searched her room without a warrant! What is this prelim...real court..or some half-assed university court?

Whatever happens, don't lie.....

[jburton]

9. It's a dorm

You sign away most rights by living there.

[Padraig18]

11. Advice from a cop

My b/f is a cop, and said a.) don't talk to the police, but if she does b.) do NOT lie to them--- they're not total morons, and can get very cranky when lied to.

[Blitz]

14. Advice from an attorney (me)

Don't say anything to ANYBODY and for God's sake, don't sign anything. If she can afford one, she should get an attorney ASAP (preferably a local one who has experience dealing with the University). If she can't, she should seek help from Legal Aid or a similar pro-bono group (since it's apparently not a criminal matter at this time, she probably can't get a P.D.). One VERY important thing to consider is her citizenship status. If she's not a U.S. citizen and this happened in the U.S., it's a totally different ballgame and she should get a specialist in defending non-citizens.

My best advice to your friend: get help and don't try to get yourself out of it on your own. A person defending themselves never has good perspective and usually winds up doing more harm than good.

[cally]

20. I agree

She needs an attorney and she should not speak to anyone about this until she consults one. If she can't find an attorney or afford one, many law schools offer advice. She needs it.

Good luck and (((((hugs)))))

[youngred]

22. Can't

Can't bring in lawyers as per the SJS. Brining in lawyers sends it to MPD, where she does not want to be. And she's not a US citizen

[Nikia]

12. What could happen to her?

I guess that is the question. Is she facing being kicked out of the dorm, expulsion from the university, or just a small fine. I would not say anything about a friend being involved because they might ask for a name and be on the look out for that person.

[youngred]

23. She is facing kicked out of housing

but she's a non-US citizen and may impact her visa if it goes to MPD, or more

[Nikia]

27. Those Nazis

Well, I suppose that is better than expulsion. It still is pretty harsh for possessing a small amout of marijuana that they found after searching the room because they allegedly smelled it. Since she is a non citizen, it is important that she avoid the real police. Rules vary between colleges. At my college, campus security never searched rooms and the official drug policy was that drugs were illegal and you should not expect the college to protect you. A hall director that called the police on some students smoking in a dorm longue was harshly criticized by everyone and did not some back for the next year. On the other hand, there was a substance free dorm that students living there agreed not to possess or use tobacco or alcohol or drugs on the premise or they would be transfered to a different dorm. I have heard that some entire campuses are substance free though and can even involve expulsion. I guess that your friend should review the official drug policy, ask for a copy of anything that she signed if there was a housing agreement, and find out how other cases were handled. If everyone who has pot found in their rooms is kicked out of housing, your friend better look for low cost housing in the area. If some students are let off with a warning, find out what they did. If it means community service or making an apology, she needs to do that if housing is important to her even though she may think it is unfair.

[Cooley Hurd]

13. Hi Youngred. You still in NY?

...if so, then your friend is safe as long as it was below a half ounce (it's only a violation - equiv to a speeding ticket).

Sucks she lost her weed, though...

[LeftPeopleFinishFirst]

15. nuh uh

he's in washington DC.

good to see you back around! I don't think I've seen you in awhile. :)

[Cooley Hurd]

17. been here, not in the lounge much since the stalker incident

...in January. She's gone (I think), so I felt is was safe to come back.

Chuckiemutt & I are hunkering down for yet another brutal NY winter :-(

[LeftPeopleFinishFirst]

26. ah yes

I've been coming into GD a bit less than I used to, so I often miss people. :(

[JohnKleeb]

16. Zack it had better not been in your dorm because well

You know plans for next saturday. Best wishes to your friend, FIGHT THE POWER heh.

[Old and In the Way]

19. Times have changed.....

Smoking dope was no big deal in the 70s. It was part of the higher education experience, I guess.

[youngred]

24. Now you gotte protect mommy and daddy's little investment

:eyes:

[THUNDER HANDS]

25. Private or Public college?

Makes a BIIIIG difference.

Private colleges will usually handle it internally and for the first time, let you walk.

Public places could send you down to the County or town police.

[youngred]

28. Private

in DC