Son arrested for possession of marijuana (NH)(Lawrat?, IAAL?)

My son is 15 years old... and yesterday he was caught by the police riding his dirtbike down a public road. Without asking my son for premission the police searched him and went into his pockets and siezed a bag of marijuana. (about 8 grams) Than he was arrested, cuffed and thrown into the back of a crusier... but the thing that scares me the most is I don't want my son to get sent away We allready have a pending case in the courts (a c.h.i.n.s that I filed so that we both could get some councling) and I heard if you got in trouble when you were allready involved in court that my son would get sent away...
I need to know if them searching him was legal... If so what kind of trouble can he possibly get in to.

Thank you...
concerned father
please respond ASAP

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Concerned NH Father:
My son is 15 years old... and yesterday he was caught by the police riding his dirtbike down a public road. Without asking my son for premission the police searched him and went into his pockets and siezed a bag of marijuana. (about 8 grams) Than he was arrested, cuffed and thrown into the back of a crusier... but the thing that scares me the most is I don't want my son to get sent away We allready have a pending case in the courts (a c.h.i.n.s that I filed so that we both could get some councling) and I heard if you got in trouble when you were allready involved in court that my son would get sent away...
I need to know if them searching him was legal... If so what kind of trouble can he possibly get in to.

Thank you...
concerned father
please respond ASAP<HR></BLOCKQUOTE>


My response:

If there were no "exigent circumstances" e.g., that the baggy of pot was hanging out of his pocket, or the smell of marijuana on his breath, then there would have to be "probable cause" e.g., the police had a tip that he was carrying, or that there was an odor of marijuana about him.

If none of these things happened, then his 4th Amendment Rights to freedom from searches and seizures was violated.

If you cannot afford an attorney, then have a public defender appointed free of charge. Perhaps a good attorney will make a Motion to the court to "quash" the baggy of marijuana from being entered into evidence as being the fruit of an illegal search, and the case will be dismissed.

Suffice it to say, your recalcitrant son, whom you are apparently unable to control, and be a proper parent for, will cost you time, money and aggravation, at the very least. Perhaps, on hindsight, it wouldn't be a bad idea for him to spend a little time in jail to realize that his actions are not acceptable in society, and that this just might be the medicine to turn himself around and stop breaking the law.

It's up to you.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

Dear sir, the best thing you can do for your child is to let him be a man and do his time.Obviously he has a problem.8 grams is quite a bit of dope.Obviously if he was riding a motor vehicle on a public road with no license the they can search him.Regaurdless of the search they would of found it anyhow.With that amount it sounds like he is probably dealing the garbage. Let him be a man and pay his dues,I am a prison guard so believe me he will unless you keep babying him.

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by turnkey:
Dear sir, the best thing you can do for your child is to let him be a man and do his time.Obviously he has a problem.8 grams is quite a bit of dope.Obviously if he was riding a motor vehicle on a public road with no license the they can search him.Regaurdless of the search they would of found it anyhow.With that amount it sounds like he is probably dealing the garbage. Let him be a man and pay his dues,I am a prison guard so believe me he will unless you keep babying him.<HR></BLOCKQUOTE>

8 grams is not a lot of marijuana it is about a quarter of an ounce, and I know he was not dealing

Der sir, 8 grams or not any amount is illegal and that what the point is

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Turnkey:
Der sir, 8 grams or not any amount is illegal and that what the point is

<HR></BLOCKQUOTE>

My further response:

You're right, THAT was the exact point. Here we have another ignorant parent who's "raising" another criminal that we, as a society, will have to bear the burden. Rather than DOING something to correct the behavior and raising a decent, law abiding citizen, what we have here is another example of a complete failure . . . . well, I'm done wasting my time.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited August 19, 2000).]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
My further response:

You're right, THAT was the exact point. Here we have another ignorant parent who's "raising" another criminal that we, as a society, will have to bear the burden. Rather than DOING something to correct the behavior and raising a decent, law abiding citizen, what we have here is another example of a complete failure . . . . well, I'm done wasting my time.

IAAL

<HR></BLOCKQUOTE>

IAAL all I have to say to you is that my son is a good kid, he gets good grades in school and has a steady job. I understand that he has smoked pot, and we have discussed the subject many times. So I think you can save your opinions about me and my son and use them on your own children and see how they grow up

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by I AM ALWAYS LIABLE:
My further response:

You're right, THAT was the exact point. Here we have another ignorant parent who's "raising" another criminal that we, as a society, will have to bear the burden. Rather than DOING something to correct the behavior and raising a decent, law abiding citizen, what we have here is another example of a complete failure . . . . well, I'm done wasting my time.

IAAL

<HR></BLOCKQUOTE>

Rather than DOING something to correct the behavior and raising a decent, law abiding citizen, what we have here is another example of a complete failure . . . .

Sorry IAAL,
I usually find your posts to be incredibly intelligent, insightful, intriguing, well written, humorous, and only slightly judgemental at times. As usual your reply has useful, informative content. BUT....."a "complete" failure? ummmm Pun INTENDED...I hope the weed the kid was carrying wasn't as harsh as this statement?!

You may remain silent, how you answer this question may be used against you (or me) in the freeadvice.com court of law....but, I have to ask...

GOT KIDS?

Seems there's always someone who "assumes" that they could have done a better job raising YOUR/MY kids!.....muhahahaha....It ain't as easy as 1 2 3....ya know?

No, maybe you are the one sleeping. All I have to say is that raising a child isn't a perfect science. Some people do the best they can and something goes wrong, whether it be genetics involved or something emotional. Life isn't perfect. People are far from perfect. What I object to is others sitting in judgement on people that they only know thru, most times, a single message posting. You are so right. It might be anyone of the people that post here that have a family member with serious problems someday. Offer straight on advice. You don't have to pretty it up. Just don't make it be so UGLY. Because one day....it MIGHT be YOU or YOURS. So YOU "BE SURE" before you tar and feather someone you don't even know.

njc, true it is not easy raising a kid. But discipline begins at home. Not the neighborhood or for the police to do, but the parents. The kid needs his butt whipped badly. Too often people will say that spanking is wrong. And too often, if spanking is administered properly, those same people are proven wrong.




[This message has been edited by m martin (edited August 28, 2000).]

To NJC and all other bleeding heart Liberals,the point you are missing is that if a child has a good role model he will produce what he sees.Obviously there are many parents undeserving of kids.If you give a child rules and discipline them when necessary your child will respect you more.What is a child to think when he sees his father trying to bail him out when he breaks the law.What is a 15 year old doing with drugs anyhow?Why dont you occupy his time with after school sports?NJC Im sick of people like you saying parenting is hard.If you set rules and your child knows what you expect there wont be any problems,I know I have three kids in college that have given me no problems.If you cant handle them dont have them

To concerned father,You stated you have discussed the drug problem many times?Obviously more than once is to much.What kind of steady job can a 15 year old have?Why dont you get a backbone and take the job away so he cant buy the dope and sell his motorcycle.See how fast that will straighteen him up!!!!!

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Turnkey:
To concerned father,You stated you have discussed the drug problem many times?Obviously more than once is to much.What kind of steady job can a 15 year old have?Why dont you get a backbone and take the job away so he cant buy the dope and sell his motorcycle.See how fast that will straighteen him up!!!!!<HR></BLOCKQUOTE>

Turnkey...
My son has a job a the local pizza parlor, he helps make the food and set tables etc. As for me "straighteening him up" you do not live where we live... every single neighbor around here smokes pot as well. We get together every week for a cookout and basically the whole neighborhood smokes together. In our town the only people who see this as a 'bad' thing are the police, but you will never see them picking on us the parents. They go after our kids. The only question I wanted answered is if the search and seizure was illegal, and I allready know the answer to that.

I'm sorry but this time I have to say that you must have lost your mind. I don't care if everybody and their brother smokes pot in your town. It's illegal. There are laws. I'm worried for your son that no one sees this as a "problem" but the police. Why would you set the example for your son that it's ok to break the law? I have worked with kids in trouble and I'm afraid there's going to heartbreak here. Most of all I feel for your boy.

Oh and sorry Dsut, for jumping down YOUR throat over this. Should take my own advice and find out more before I let fly with comments. Life is such a tangled web!