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?
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.
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.
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.
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
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.
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.
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.