possession

[teach2b]

South Carolina is the state.

I have a teenager in high school. He was in the library and left. THREE days later the school says they found a bag of marijuana on the floor NEAR where he was sitting. They sent a paper home stating that he was suspended pending an expulsion hearing. No charges have been made, and he was interrogated by school officials for 2 hours even after asking for a parent present. The marijuana was at no time in his possession and "found" after he left the library, but we don't know how long after he left. What are his rights in this matter? Doesn't he have to be in possession since it was found in a public place?

Any help would be appreciated. OH, and a law officer was not present during the interrogation.

 

[teach2b]

OH, and since the hearing is about Marijuana, if it was legit, wouldn't they HAVE to inform police and file charges?

 

[Son of Slam]

He has the right to remain silent, and later may have the right to sue, sue, sue.

 

[teach2b]

posession - cont.

I spoke to the school officials today. They say they have witnesses that saw him with marijuana, and a teacher overheard him telling another student that he lost his "junk." That is all they have. Isn't this just circumstantial evidence and heresay? He didn't say anything during the interrogation except deny any knowledge of anything and ask for a parent to be present TWICE. However, nothing he said during interrogation by school officials is being considered evidence. Also, he was not allowed to leave the assisstant principal's office during the two hour interrogation. Would I have sufficient grounds to sue the school for trampling on his rights as a minor? and is the aforementioned "evidence" valid? I thought he had to be in possession to have the suspension and expulsion hearing, not to mention the possible criminal charges.......... I was under the impression that with only here say and circumstantial evidence that they didn't have a leg to stand on. PLEASE clarify for me.

 

[Pfaffing85690]

The school is not required to follow the same level of protection as the government. The school is not bound by the U.S. Constitution. Therefore, although your son had every right to leave this 'interrogation', the school also had every right to suspend him or any other displinary actions it deemed sufficient.

As for hearsay, that's for a judge to decide. Therefore, whether or not you want to hear it, you need an attorney.

Why? Because we can't interview witnesses, ready the school and police reports nor do we have anything but 'hearsay' from what you have given us.

Remember, it's only one side of the issue.

 

[teach2b]

possession - cont.

Thank you for the advice. I wanted honesty from someone who isn't tapped into the school or my wallet.

I have an appointment for consultation with the best lawyer in town on Monday morning. I hope it isn't too expensive, but where there is a will there is a way.

Thanks.

 

[calatty]

Under the law, circumstantial evidence is as valid as direct evidence. The teacher's statement regarding your son's statement falls within an exception to the hearsay rule for admissions. The statements of the witnesses who saw him with the marijuana are not hearsay. The school is bound by the US Constitution, as is everyone in the US. However, students in school have a reduced privacy right under the Fourth Amendment. A person does not have to be in actual possession in order to be convicted of possession if he had "constructive" possession, which means having dominion and control over the substance.

 

[teach2b]

I guess my next question is this:

How can they link the two without fingerprints? The bag found in the library could be anyone's. That's like saying because I had a drink last year at the company party that the empty beer bottle in the store trash can that I went to 3 days ago is mine. ???? How can the two be linked without fingerprints or definite proof.

 

[I AM ALWAYS LIABLE]

My response:

Easy. The forensics lab will "lift" your kid's fingerprints off the bag. Once they do that, your kid will be up a river without a paddle.

IAAL

 

[stephenk]

so, do the drugs belong to your son?

 

[teach2b]

He has denied that they belong to him. He has been told that you can't get away from fingerprints, and if it is his, to come clean because we will know as soon as they fingerprint it. He still emphatically denies that it is his, and he knows they are going to fingerprint the bag.

So my question still is:

If his prints are NOT on the bag, how can they possibly link the bag to him legally (since they did NOT find it in his possession)?

 

[stephenk]

it will come down to credibility of your son and of the witnesses.

 

[teach2b]

Thank you for your honesty stephenk--and for actually reading what I asked. I am not naive enough to think that my child is an angel and can do no wrong, however, I don't think he did this one. It seems that without fingerprints OR actual possession that there is no way to prove a link to the marijuana in question. A large percentage of students at this high school have had a joint at school, AND been in the library...........but that still doesn't make it their bag either.

I am still puzzled as to why they waited for THREE days before bringing him into the office and giving a discipline referral. If they had fingerprints, actual possession, or something legallly binding, wouldn't they have arrested him that day????

 

[Crazyhorse]

as calatty stated... these comments by your son could be construed as a "statement against interest" which would be a hearsay exception.

 

[Xanque]

........

Drug test your son !!!!

It very well COULD have been your son's and he's lying to everybody. If it was his, this case is the least of your worries. As a former pothead myself I use to dispell all the propoganda about MJ being a "Gateway drug" and although I 've always had the willpower to steer clear from harder drugs alot of my friends and even the love of my life moved on to drugs like Oxycontin and then to Heroin.

TIP : Buy a home urine test and don't let him know you have it, otherwise he can get a cover up at the local GNC store (I've even heard of regular jelly making pectin working)then wake him up 15 minutes before he'd normally wake up and tell him to "Fill er up".