Legal Question in Criminal Law in Florida
My daughter smelled like Marijuana at school so school officials searched her prior to calling me, Is that Legal.
Asked on 2/28/16, 5:20 am
1 Answer from Attorneys
Eric Trabin
Lucid Legal, PLLC
The smel of marijuana would give a police officer probable cause to search your daughter. Generally teachers and school officials are held to less stringent standards than the police because constitutional limitations apply to law enforcement. They were not required to contact you prior to searching your daughter though that can be considered as a factor for a court in deciding whether to suppress any statements she may have made.
Answered on 2/28/16, 5:42 am
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