• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Is the Evidence Admissable

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Gregor Sampsa

Junior Member
I was attending private school (college) in Florida. School security (1 ex law enforcement officer, 1 security guard, and a member of school staff) searched my room when I was attending class and allegedly removed narcotics from my room. There was no official search warrant from the PD, and no law enforcement officers present. I was not issued a receipt for items removed from my room. Only paper allowing search was signed by university official. Alleged evidence was removed on a Friday, and not given to local PD until Sunday. I am pretty sure there was a marked difference in the items removed from my room and the items given to the PD, but I do not know this for a fact. I spoke with a narcotics officer later in the week. I only admitted to using drugs in the past and I am pretty sure I didn't say anything that would lead one to conclude that alleged evidence was mine. Officer tried to convince me that glowsticks and plastic baggies were drug paraphanalia. School suspended me for a year. A warrant was not issued for my arrest until 7 months and 2 days after alleged evidence was given to local PD. I have no prior record whatsoever. Narcotics officer searched my backpack and found nothing, when i was arrested the cops who searched my car found nothing.
I was not informed of my warrant, until i was pulled over and arrested. The narcotics officer had my home address and phone number and noone ever contacted me.
The school does not turn over all evidence removed from drug cases involving other students, or if it does, it doesn't give the local PD the student's information. It apparently thinks it has jurisdiction over whether the local PD should become involved. Can a private institution legally do this?
Note: a warrant was filed 7months and 2 days later because someone decided to file a sworn written complaint at this time. Don't know who this was. Is there any way to find out this information?
The circumstances surrounding this entire situation are extremely fishy, if anyone can help, please do! Thank you!
 


S

seniorjudge

Guest
Your not really clear on what happened here, but if you are saying that security officers illegally entered your dorm room and did a search and seizure and you were charged on the basis of that illegal search and seizure, then your attorney should file a motion to exclude the evidence.

But, as I said, your facts are so jumbled I can't really tell what happened here.
 

The Occultist

Senior Member
I don't really know enough to fully answer your questions, so you'll have to wait for a more knowledgable person to respond; as for the school staff searching your room, you would actually need to find a copy of the rooming contract you (or your parents) signed, and find out exactly what the terms of your living in the dorm are, which very well may include the staff having the right to enter and search your room at any time.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top