Illegal search/ siezure ?

[stymie222]

What is the name of your state (only U.S. law)? Iowa
I do not condone my Daughter's new drug use. She is 17. Never in any trouble before this incident.
She was visiting a friend's house. Her friend's mother rifled through my daughters purse, without my daughter's knowledge or consent and found a small quantity of marijuana.
The mother called police and my daughter was arrested at the house, as a juvenile offender.
What can I say about the seizure of the evidence at her court hearing ?

 

[CSO286]

What is the name of your state (only U.S. law)? Iowa
I do not condone my Daughter's new drug use. She is 17. Never in any trouble before this incident.
She was visiting a friend's house. Her friend's mother rifled through my daughters purse, without my daughter's knowledge or consent and found a small quantity of marijuana.
The mother called police and my daughter was arrested at the house, as a juvenile offender.
What can I say about the seizure of the evidence at her court hearing ?

The whole illegal search/seizure applies to searches done by Law Enforcement. This was done by another parent. While not entirely on the up and up, it's not illegal.

 

[Just Blue]

https://forum.freeadvice.com/juvenile-law-90/restraining-orders-571082.html

 

[swalsh411]

The authority in the home (in this case the mother) has the absolute right to inspect any property being brought into her home.

The last thing you want to do is try and shield your daughter from the consequences of her illegal drug use. Be grateful that it's been discovered now before it got any worse.

 

[LdiJ]

The authority in the home (in this case the mother) has the absolute right to inspect any property being brought into her home.

The last thing you want to do is try and shield your daughter from the consequences of her illegal drug use. Be grateful that it's been discovered now before it got any worse.

While I agree with the second part of your post I am not at all sure that I agree with the first part of your post. This was not an overt situation. She did not meet the girl at the door and state "the rules for entering my home mean that you must allow me to search your purse first". This woman did it on the sly without consent or warning. I am not at all sure that wasn't an invasion of the girl's privacy.

I would never have dreamed of doing something like that. I might have tried to catch someone red handed, but I would not have covertly searched their purse or wallet.

 

[Mass_Shyster]

I am not at all sure that wasn't an invasion of the girl's privacy.

It doesn't matter as far as admissibility of evidence is concerned.

Daughter should still get a lawyer. The homeowner will have a credibility issue at the trial. "I dislike her enough to violate her privacy, but not enough to plant evidence".

 

[CdwJava]

What prompted this mom to look in the purse?

I suspect that there is more to this tale, and, perhaps it is possible that one or both of the girls were high or had the odor of said marijuana on them.

I strongly suspect that part of this story has not been told to us.

In any event, it's time to get a lawyer for daughter, get a firm grip on daughter before she becomes an adult and this stuff can be permanently detrimental, and seek drug counseling for her ASAP.

 

[OHRoadwarrior]

You better hide your stash, so if the police come to your house with a warrant, they won't charge you also.

 

[LdiJ]

You better hide your stash, so if the police come to your house with a warrant, they won't charge you also.

First, why in the world would you make the assumption that the girls parents had a "stash" and why would you even hint that the police would come to their home with a warrant?

 

[OHRoadwarrior]

First, why in the world would you make the assumption that the girls parents had a "stash" and why would you even hint that the police would come to their home with a warrant?

I figured it was a pretty good guess, considering the way she approached her daughters drug use. Even if she does not, her daughter likely does and she could get charged. I am more interested in how she was planning on going to court and practicing law without a license. I was waiting for someone else to mention it though.

 

[Mass_Shyster]

I am more interested in how she was planning on going to court and practicing law without a license. I was waiting for someone else to mention it though.

I thought about it, but it would have involved checking Iowa laws to see if a parent has any standing to defend a 17 year old, and, quite frankly, I'm too lazy to do that.

 

[TigerD]

The last thing you want to do is try and shield your daughter from the consequences of her illegal drug use. Be grateful that it's been discovered now before it got any worse.

I don't agree with this. Grateful would be handling it without involving the police. A criminal conviction for drugs carries significant collateral consequences.

She needs an attorney.

DC

 

[OHRoadwarrior]

I don't agree with this. Grateful would be handling it without involving the police. A criminal conviction for drugs carries significant collateral consequences.

She needs an attorney.

DC

I agree with DC. Being under 20 used to be synonymous with judicial leniency for stupid acts that did not cause others harm. We as a society have become way to obsessed with destroying lives in the computer age. An attorney and diversion completed before age 18, seems to be the goal here. I would throw in a healthy dose of community service over the summer to accomplish the short probation period.