Legal Question in Criminal Law in Maryland

My friend and I are 18 years old and we strongly believe that our 4th amendment rights were violated on our university campus. We had smoked off campus and were heading back to our dorms, stopping to smoke cigarettes. It was snowing and was extremely windy, so we stood there for about 5 minutes trying to light our cigarettes, in front of a dorm. Two officers saw us, and demanded that we stop what we're doing, came up to ask what we were smoking. We told them cigarettes. They seperated us, and asked me if I had illegal contraband, I said no. He asked if he could search me and I said no but he proceeded to do so regardless. He frisked me down and asked me to take out my cigarettes, and found 1/3 of a blunt inside. Was this an illegal search? And does it matter since it was on campus?


Asked on 2/17/10, 8:40 am

2 Answers from Attorneys

Scott Athen, Esquire Law Offices of Scott C. Athen, P.C.

Your rights may have been violated, and the search of your person may have been illegal, but I would need to know more information. You need to speak with an experienced criminal defense attorney. I always provide free initial consultations, and you can get my contact information by clicking on my name below.

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Answered on 2/22/10, 9:04 am
William Welch William L. Welch, III Attorney

Whether your right to be free from unreasonable searches and seizures was violated will depend on whether a judge finds probable cause. The judge will base that decision on the testimony of witnesses called by the state (most likely the cops) and by you, if you choose to call witnesses, which may include yourself.

You have the right to challenge the state's case and evidence. In addition, there may be options to resolve your case in your favor without the risk of letting a judge decide. A finding against you can have implications for work, school, and more.

I offer a free initial consultation.

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Answered on 2/22/10, 9:45 am


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