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BigMatt

Well gosh damnit, I got caught by my campus cops! I wonder if anyone has any comments on what to do. Here are the facts: the officer told me at the door that it smelled out in the hallway and asked if he could come in. I denied him the right to enter, but somehow, he ended up in the room later on....whatever. Everyone in the residence denied knowing anything about any weed (we really had no weed, but people were smoking before). So he says he is gonna call and get a drug dog here (most likely bluffing in my opinion). I told him I didn't consent to that search and he said it didn't matter. I told him though that I wanted it on the record that I did not give consent, (just in case I needed a safety net). He kept saying the dog was coming anyway. I didn't want that because I didn't want anyone getting in any trouble by any paraphenalia laws or anything, so I said, "what do we have to do to get that dog not to come here?" and he said "shoot man, I got nothing from you guys, you gotta gimme something."

So I told him I had smoked a joint, flushed the roach and ditched the empty baggie. No evidence, but a confession I guess, nonetheless. Well, I ended up giving him my rolling papers and I guess the report got torn up according to my RA. Oh yeah, and Agent McGruff never came either. So am I in trouble just for saying I smoked? I need to talk to this lady that runs my dormitory bulding and apparently some campus detective called for me today too. Should I level with the lady and admit fault, or change my story? Can I and should I legally refuse to talk to the detective unless I have a lawyer?

I could just say that I was very scared because the officer said he was gonna take us to jail unless we gave him something (he did really imply that too), so I gave him a false story and some tobacco rolling papers to get him off our back. I really do roll my cigarettes too, and my RA knows this. Damn!!! What do I do? Help guys. Please also make sure it is sound legal advice, not just your opinion. I do wanna hear your opinions too, I just don't wanna get mixed up. Thanks people. Peace out

 

BigMatt

Sorry, I forgot to say: this took place in Ohio. Heh heh, sorry

Niteshift

It doesn't sound like you are in legal trouble. But trouble regarding campus rules or policies are another issue altogether.

Are the "campus cops" actual police officers or are they security?

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BigMatt

Thanks for replying. The campus cops are security I believe because they would have to call city police to arrest someone.

I have another question. After we gave the rolling papers to the officer, he and the RA's left, report torn up, no fines given out. Well the next day, I was told I was getting a fine. Is the officer allowed to leave a scene without ticketing me and then say, "Oh yeah, I forgot, you are in trouble." This doesn't seem right to me....It seems like he is trying to discipline me after the fact, with no evidence I might add.

Also, am I legally allowed to say that I felt pressured into saying I had smoked because he was threatening us with jail and a dog?
Thanks guys. Peace out

mindraver

it really depends on the policies of your school. *usually* in the *real world*, if you did not get arrested or a ticket, then you would be in the clear...but they do have cameras on highways that will catch people speeding and send them tickets in the mail, so i guess it is possible to still get a ticket.

if a fine is all you get from this experience, count yourself as very lucky and definitely be careful about smoking in that area from now on.

good luck!

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Niteshift

"The campus cops are security I believe because they would have to call city police to arrest someone."

Then you are dealing with a private citizen. He COULD file a criminal complaint with the police, but it's delayed and, as you tell the story, the evidence is gone.

"After we gave the rolling papers to the officer, he and the RA's left, report torn up, no fines given out. Well the next day, I was told I was getting a fine. Is the officer allowed to leave a scene without ticketing me and then say, "Oh yeah, I forgot, you are in trouble." This doesn't seem right to me....It seems like he is trying to discipline me after the fact, with no evidence I might add."

The fine we're talking about is probably something based on a school policy, so I really can't be much help because they can make up their own policies and you agreed to abide by them when you enrolled.

"Also, am I legally allowed to say that I felt pressured into saying I had smoked because he was threatening us with jail and a dog?"

You could, but since he's not a law enforcement officer, it probably won't mean a lot. Besides, you're making a criminal case arguement over what looks like an administrative rule.

Conine

I doubt you'll be in any legal trouble.

How you'll fare with the university is another situation. They don't play by the same set of rules that the police use.

4 guys I know were smoking in a common room in a dormitory (how's that for smart?) and were caught. I don't think they found the bag of weed, but the two that lived in the dorms were kicked out in a day or two, (don't know if they were allowed to remain on campus) and the other two were barred from campus property.

I'd recommend picking up the school handbook and see what they have to say about it. I'd bet they specifically talk about how they handle these types of situations... then you can see if you're getting a bad deal... but if it's just a fine, I'd say you got off pretty easily.

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BigMatt

Hey guys thank you for all of the responses, keep em comin'!
I made a mistake earlier. Our Public safety are police officers. I was told by a detective that I talked to today.

Here is the scoop. I am not going to be charged criminally, rather, it will be handled by the University. I also told the detective that I wasn't smoking, and that I falsely admitted to it because the way the officer was talking, I was under the impression that we were going to jail regardless unless someone fessed up, falsely or not. So Niteshift, here is my question to you. Since the detective told me that I wasn't being charged criminally (it is on tape too), is it legal or possible for him to try and charge me criminally to scare me into confessing again? Thanks again. Oh yeah, one more question. The detective said to me that since I changed my story, that he still needs to investigate, which involves talking to everyone who was present in the room. Am I legally bound to give him the names of the people in the room if the report was torn up at the scene? And also, if we all deny smoking, do you guys think they can still cite us, even with no evidence or even a police report? Thanks again Niteshift and all! Peace out

Niteshift

"Since the detective told me that I wasn't being charged criminally (it is on tape too), is it legal or possible for him to try and charge me criminally to scare me into confessing again?"

Yes. As long as they have enough evidence, they can charge you again.

You're probably thinking of double jeopardy, where you can't be tried twice for the same crime (unless you're a cop and the Feds want you, but that's a different story). The key there is tried. It has to go to trial and a verdict reached. For example, you could be charged with murder and our one and only witness disappears. So the charges can be dropped and reinstated later when the guy shows up 2 years later to be a witness again.

The better question is will they? The answer to that is probably not.

"The detective said to me that since I changed my story, that he still needs to investigate, which involves talking to everyone who was present in the room. Am I legally bound to give him the names of the people in the room if the report was torn up at the scene?"

I'm a bit confused. Wouldn't those people be able to provide evidence that you weren't smoking?

"if we all deny smoking, do you guys think they can still cite us, even with no evidence or even a police report?"

You big problem isn't with the criminal law, it's with th school policy.

As far as there being no report, are you sure there isn't one? Just because it wasn't done there doesn't mean one wasn't done later.

BigMatt

You are right Niteshift, I don't think they will raise the stakes like that, especially since there was no damning evidence except tobacco rolling papers (No marijuana or paraphenalia was found). When I was asked to give the names of the people in the room at the time of the incident (which I did give, because I didn't want to appear to be hiding anything), I asked him, "Aren't the names on the report?" and he said, "There is no report." -I think he was telling the truth, but is a detective allowed to lie to me about the police report not existing, even if it is on tape?
Ok, here is my school's drug policy: "In cases of illegal possession or use of any drug paraphenalia, the paraphenalia will be confiscated and tested, and the alleged violator(s) may be subject to both University and criminal action" and "In cases of illegal use of, possession of, or participation in any manner with drugs: $250 fine plus University disciplinary probation and Substance Education Progarm."-So I think I am cool because they never found any drugs or paraphenalia and the only thing they (may) have is 100% resin free. They do however have my "confession" but I went back on that and explained myself today.
Another interesting tidbit I found in the handbook states: "A search of a student's residence pursuant to an investigation intended to result in a legal and/or disciplinary action may be performed only with the prior authorization or approval of the Assistant Dean of Students for Discipline and Judiciaries, or his/her designate, in the form of an internal University search/inspection warrant." also the book says the only time that a public safety officer can enter without consent is if evacuating in a fire emergency. It does say though that RA's and those type of authority figures can enter without consent when there is evidence of "violent behavior, illness or injury, disorderly behavior or activity that disturbs the neighboring living environment". So, since the Officer entered even after I told him no, could that make the whole case null and void? Or would it at least help me out a little bit?
Ok, I gotta go to bed now. Thanks again for the responses, they are really helping. Peace out