Grounds For A Search Warrent on a NH College Campus

[Bossox]

What is the name of your state? New Hampshire

Recently late Friday night (~2 am) I was returning to my dorm to see the fire alarm going off in my room. While I was not there I spoke to my roomate the next day and asked him what happened. He said that he was smoking in the room and the fire alarm went off. After that he left the dorm and did not return. When I returned the next day I found that the police had changed the locks on my door, preventing me from entereing and a note saying I should go down to campus safety to see what steps I should take in order to get my room reopened. They referred me to go talk to Officer X at my local police station where the officer read me my Miranda rights before I began asking questions. I mentioned no specifics involving the case I only wanted to know what happened. He told me that another officer arrived on the scene to the fire alarm going off and said he smelled marijuana. When I asked for a copy of the official statement he said that he would only be able to do that once the investigating officer was back on duty. I gave him my phone number so he can contact me although he never did. They will be unable to obtain a search warrent until at least monday. Until then I am locked out of my room where all my books, clothes, and other personal belongings are.

A few specific points I am unsure about
-While I have not read the official finding of facts, I believe that upon looking into the room the officer would not have seen any illegal items or paraphanalia (sp?). Is the combination of a fire alarm going off and the officer believing he smelled marijuana (keeping in mind that this occured in a densly populated hallways of about 60-75 college students on a Friday night) grounds for a search warrent.
- I have a lockbox in my room that is kept out of sight, would a search warrent allow an officer to legally open the lockbox.
- I have not been formally charged with anything but the idea of my roomate screwing up and having me take the blame for it is not appealing, what are some steps I should take as of now?

Thank you for your time and please keep the replies serious.

[seniorjudge]

A few specific points I am unsure about
-While I have not read the official finding of facts, I believe that upon looking into the room the officer would not have seen any illegal items or paraphanalia (sp?). Is the combination of a fire alarm going off and the officer believing he smelled marijuana (keeping in mind that this occured in a densly populated hallways of about 60-75 college students on a Friday night) grounds for a search warrent.

A: It is grounds for going into the room without a search warrant.


- I have a lockbox in my room that is kept out of sight, would a search warrent allow an officer to legally open the lockbox.

A: Depends on what the search warrant says.


- I have not been formally charged with anything but the idea of my roomate screwing up and having me take the blame for it is not appealing, what are some steps I should take as of now?

A: Hire a lawyer.

[Bossox]

So Basically the best idea would be to hire a lawyer. I don't have a lot of money so a public defender seems like the only way I could get one. Do I have to wait until I've been formally charged with a crime until I can get a lawyer?

[lwpat]

Smell equals probable cause. I don't know why they didn't search the room immediately unless they are just being careful to dot the i's.