Legal Question in Civil Rights Law in Massachusetts

Re: Probable Cause Search

The police officer did indeed need a warrant to inspect your son's backpack. Without a warrant, he needed some other justification to search your son, i.e. probable cause to stop and question him, a telephone call from a school administrator, etc.

You should contact an attorney immediately. I am happy to recommend an experienced criminal law attorney.

Re: Probable Cause Search

The search may or may not have been illegal. More information is necessary to determine, in the first place, whether or not the request for consent to search was appropriate. Second, more info is needed to help decide if your son's "consent" was truly voluntary and enforceable against him, or was illegal as a product of unreasonable intimidation or duress.

Your son may well have legitimate defenses, which, if successful, would probably result in the exclusion of the marijuana evidence and probably the dismissal of the case for lack of evidence. This should certainly be explored.

I would be happy to help. Please contact me directly to discuss.