Should i fight this battle with the police?

Should my freind fight this battle with the police?

State of New Jersey

ok me and my freinds were supposed to have a party by party i mean a couple people over his house and dance and have fun.

well my freinds in the process of moving out and his mom still owns the house and she said that we could use it i along with 2 others can vouch for that happening their was a third but the third is her son and i dont think he would try and het his mom in trouble

but anyways it takes us a minute to get into the house and i think he might of kicked in the door because he had a key but the top lock was still locked so we couldnt get in idk why he did that but he did
then we all get their then cops come barging in out of nowhere saying that their was a breaking and entering call we said that it was his house but that didnt matter apparantley because when i told him to call his mom they screamed at me and told me to shut up.

They ended up finding a bag of weed that someone had brought in the house and searched every kid im pretty shure without parental conscent but im not 100% on that what im saying is is what they did legal and if not how could i fight it ? btw the weed wasnt mine and someone took the blame for it

conzcept said:

State of New Jersey

ok me and my freinds were supposed to have a party by party i mean a couple people over his house and dance and have fun.

well my freinds in the process of moving out and his mom still owns the house and she said that we could use it i along with 2 others can vouch for that happening their was a third but the third is her son and i dont think he would try and het his mom in trouble

but anyways it takes us a minute to get into the house and i think he might of kicked in the door because he had a key but the top lock was still locked so we couldnt get in idk why he did that but he did
then we all get their then cops come barging in out of nowhere saying that their was a breaking and entering call we said that it was his house but that didnt matter apparantley because when i told him to call his mom they screamed at me and told me to shut up.

They ended up finding a bag of weed that someone had brought in the house and searched every kid im pretty shure without parental conscent but im not 100% on that what im saying is is what they did legal and if not how could i fight it ? btw the weed wasnt mine and someone took the blame for it

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What were YOU cited for, arrested for or charged with? (and by "you", I mean, "YOU" personally).

I_Got_Banned said:

What were YOU cited for, arrested for or charged with? (and by "you", I mean, "YOU" personally).

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i dont think i was charged with anything my mistake i ment to put should my freind fight this battle im sorry

Your neighbor saw a bunch of kids kick in a door - pretty loud on a quiet street, by the way.

The police were called to investigate. That gives them probable cause.

Police are not judges... their job is not to determine guilt or innocence. Therefore, it sounds like your friends were being put into custody until it could be worked out.

During this custody, it is normal and legal for the police to search the persons being put into custody for a variety of reasons not the least of which is weapons.

well, since there was a breaking and entry, even if it was eventually determined the kid had a legal right to do so , the police acting in good faith there was a crime committed.

Then, if they found pot once inside, they get to take it and because of that, continue with their investigation for illegal drugs.

justalayman said:

well, since there was a breaking and entry, even if it was eventually determined the kid had a legal right to do so , the police acting in good faith there was a crime committed.

Then, if they found pot once inside, they get to take it and because of that, continue with their investigation for illegal drugs.

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this was after they found out it was his house

where was the pot?


and they do not need parental consent to search a minor.

conzcept said:

but anyways it takes us a minute to get into the house and i think he might of kicked in the door

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In legal parlance, this can be seen as a "clue" that he did not have permission to be inside the residence. It would certainly give the police a GREAT reason to believe entry was made unlawfully.

They ended up finding a bag of weed that someone had brought in the house and searched every kid im pretty shure without parental conscent but im not 100% on that what im saying is is what they did legal and if not how could i fight it ? btw the weed wasnt mine and someone took the blame for it

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You were all ostensibly arrested for trespassing or burglary related offenses. As such, they had good cause to search those who were arrested.

If not arrested, and only detained, then they might have a harder time articulating good cause for the search unless they smelled the pot, saw it, or someone admitted to having it. And, of course, the cops do not need a parent's consent to search or speak to the kids ... don't know where you got that idea from. Maybe if someone invoked their right to remain silent, but otherwise, the police can speak to people they contact.

The person or people charged with marijuana possession can attempt to have the marijuana suppressed as a result of an unlawful search of their person or possessions. Depending on the articulation of the officers (their justification for the search) the marijuana MIGHT be tossed. But, I suspect there were many reasons and ways to get into the kids' pockets.

justalayman said:

where was the pot?


and they do not need parental consent to search a minor.

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the pot was on a table with a jackets and bookbags around it and it was downstairs while we were all upstairs with the rest of the cops

Depending on all of the facts, you may or may not have a valid defense the search was improper.

Sounds like your friend needs to let his lawyer deal with this.