Does "Scent" Constitute Probable Cause?

Discussion in 'Busted!' started by Guest 44297, Nov 28, 2006.

  1. Guest 44297

    Guest 44297 Member

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    So basically last night in the dorms an RA "smelled the scent of marijuana" coming from the room... called the campus cops.

    They questioned me for a little bit, were convinced that I was high (I wasn't) and they left after a little while with no evidence.

    However, the RA submitted her notes to the complex director, and now I have to have a meeting with him because the school is charging me with posession or use of marijuana.

    I know college jurisdiction doesn't mirror the system of regular criminal law... but without any evidence other than a marijuana smelled room, they can't convict me, can they?

    Anyone have any advice on what I should say?
     
  2. 06thenewsummeroflove

    06thenewsummeroflove Member

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    they can search you all they want since you live on their campus but if they didnt actually find anything you cant get in trouble especially if its a public college, if its private they can basically do whatever they want.
     
  3. skittlechick

    skittlechick Banned

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    Check your dorm regulations, they may not be able to kick you out of school but they can kick you out of the dorms. I happened to a friend of mine.
     
  4. theshaman

    theshaman Member

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    Yeah, usually the most they could do would terminate your lease with Housing. Legally there is nothing, unless there's actual evidence. I had a run-in last year with the cops, almost a possession/vagrancy charge, but they had nothing on me, so it was cool. I got a letter to meet with the Residence Hall Director, but he didn't show up and nothing became of it.
     
  5. DavieBlaze420

    DavieBlaze420 Member

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    they have no proof you were smoking. I have been interrogated by the popo
    aftr a fresh dubbie. smell may be a probable cause, but as long as they dont actually find drugs youre clean
     
  6. Eugene

    Eugene Senior Member

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    They probably won't be able to kick you out just because of a suspicion. Although private schools have a ton of leeway, your attendence is kindof like a contract: you pay x amount per term and you get a diploma at the end.
    This means that they can't just willy-nilly invalidate this contract, and you can sue them.
    if the kick you out(doubtful) consult a lawyer.
     
  7. Roct

    Roct Member

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    You really need to know what your schools policy is. Like someone said, your attendance is like a contract, however, yeah you agree to pay them in return for a diploma, but you also agree to abide by their rules.
     
  8. killswitchjd

    killswitchjd Senior Member

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    scent=probable cause

    that means if you ahve anything they can charge you when they find it... if you have nothing they cant do anything.
     
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