Illegal arrest of a college student without proof, college suspension?
My son attend a college that I feel have unjustly mistreated him for something they alleged had happen. A friend owed him $10 he went to the school to get it, the security saw them exchange money and assume it was for drugs so they questioned them, they explained to security why he was giving him the money but the security didn't believe them and called the police who ultimately search my son first (who happens to be black), and found "NO DRUGS" then he had my son sign a consent to search the car and again found "NO DRUGS" however, upon searching his friend ( who happen to be white) they found DRUGS, money, and a scale in this kid car, they made my son sit in his car as they questioned his friend, and they arrested my son along with this kid despite the fact that they found nothing on my son, they charged my son with loitering, & alleged attempt to make a transaction with the intent to distribute, use, etc. and the college suspended him without a court hearing. is that illegal?
Citicop2007-12-18T17:07:55Z
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The arrest was not illegal. There was "probable cause" to believe your son committed a crime. I doubt that there will be enough evidence to convict, but that doesn't make the arrest illegal.
The college suspension is another matter, and you will need to contact an attorney for that.
Its legal. You have to consider how a judge will look at it. If it was only $10 why did your son go to the school. Loitering (maybe) would imply that it was off normal school hours so why did he not just get his money later?
They will consider the $10 further. So this other kid was drug dealer enough to have scales, drugs and cash. So how did he end up owing a mere $10? This implies past association. He was meeting with a drug dealer. So he looks super guilty.
Another consideration is even if your son was innocent the dealer could say your son was guilty in order to lighten his sentence.
You need to sit your son down and explain a few things. This is not totally a right or wrong thing but real life that could marr his future. Any grants, loans or such can be effected. Getting back into college will be as well. Just that he was charged could be a problem in seeking a job later. This is bigtime.
He needs to be honest w. you as the truth will come out eventually. This is not about yelling, cutting back the allowance, taking the car, restrictions or anything. As far as you are concerned you will help him through this and that will be that. If he does anything ever again then he is on his own. But as a family it needs to be out as it is his future. He does not have to pay for a simple indescretion for the rest of his life....... if he comes clean.
You need to know. His lawyer needs to know all and not be surprised in court. If he is guilty the lawyer could use a small bit of info and get him probation, charges dropped, and all sorts of things. Agreeing to drug classes could do much.
So many things could happen. Intent to distribute (since the guy was a dealer) could mean a few years in jail. Even if he is innocent he could get screwed. So even if he has to plan on not going to school next semester and use the money for a great lawyer the payoff would last a lifetime.
The observation of money changing hands gave the cops the necessary "reasonable suspicion" to detain your son. He then apparently consented to a search. (Something you should NEVER do)
When the cops searched the friends car they found drugs and money and a scale - clear evidence of drug dealing. That gave the cops the necessary "probable cause" to make an arrest.
If the friend didn't consent to the search then it may be suppressible, since I don't see any probable cause prior to the search turning up the drugs. Consent, however, makes any search admissible.
Have you heard of guilty by association? If your son gets out of this mess, he needs to learn a lesson and pick better friends. Chances are he knew that the friend had drug conections. Chances are the campus security and police did too. Get your son a good lawyer and see if the friend may just possibly be a good enough friend to tell the truth about your son and help him out.
Get an Attorney, sue them...for defamation of character, libel and slander. Go also to the Board of Regents and express your displeasure and any Civil Rights Groups that take those types of cases on. Often times young students are guilty by reason of association, their dress and or skin color...this is 2007, the 21st Century and it needs to Stop, Cease and Desist. Good luck.
Back in the day, friends of mine were often Stopped and harrased for wearing Naturals....they were automatically labled as Hippys, dissadents and draft dodgers.
You may want to post it at: ratemyprofessor.com ripoffreport.com