I agree, and it should be used more, not sure that many people know what it is...Answer: Jury Nullification
if the 18yr old was the owner of the vehicle, and as such is legally able to purchase / consume cigarettes, where again is the probable cause?
It's not state law. What got the kid in trouble was that they searched the vehicle for any other contraband and found the shotgun. THAT's the violation of state law.Since when did cigarettes get outlawed on school grounds - as a matter of state of federal law?
IMHO, the resource officer in question clearly violated that young man's 4th amendment rights, and as such; he should be fired, sued, tarred and feathered. He clearly overstepped his authority, and may have even had it out for this kid.
What are the odds he could get the charge thrown out on the basis that the search may have been illegal since he is 18 and legally allowed to have cigarettes in his car? I remember when a kid in my high school had his car searched because they saw cigs in his car...this led to them finding his funny cigarettes. While he still was expelled because of the weed...the criminal case was thrown out because of an illegal search. Just my $.02
This happened in Plainfield when I was a junior. Our buddy got caught with weed and vicodin in his car, but only because they found a cigarette butt sitting beside his car. (He was 18) They searched his car and found his stuff, but they threw out the case on the grounds that it was an illegal search. Then again, the butt was on the ground outside his car and not in it. That may have made a difference.
That could be the the case. Sorry, I posted my reply after only reading about 3 pages. Should have kept reading to see if this was brought up already.
Hello Everyone,
I am the Blood Uncle to one of the boys. This thread was forwarded to me by a friend. I would like to thank everyone for discussing this in depth.
Respectfully, I cannot divulge any information reguarding this at this time do to potential litegation however, suffice it to say that returning back home late from a hunting outing, going to bed and getting up early and truly forgetting to remove his shotgun may cost my nephew dearly.
I as well have serious opinions about this whole issue of the search and the selective enforcement of the zero tolorence of tobbaco on campus that I will keep to myself but you can trust that these are good boys whom did not mean any harm.
I ask that you please also post comments on the WNDU and WSBT blog pages.
Thanks fella's, keep the post's going,
Indy
Many, many years ago, bought a .22 revolver, went to the local city police [age 15, no drivers license, rode bicycle] to register it, cops laughed while telling me I didn't have to register it, and your too young to even be carrying it. Well I'm going to take it squirrel hunting this Saturday, so what do I do if I see a patrol car while riding my bicycle, solution according to them was if I saw the cops coming, hide it quick so they can't see it. They then told me to get out of City Hall and put that thing in your belt and cover it with your shirt so no one can see it! BTW, at least four cops wanted to examine it while I was there.