Legal Question in Criminal Law in Massachusetts

illegal search?

i was at a party of about 15 kids in salisbury when the police came. since about 7 of us were under the age of 21 we went and hide in another room. the police came to the room and told us to stay there. in this time my backpack was searched without me being there where they found a bag of marijuana and a glass pipe, as well as a 12 pk of beer. the officers told us we could go and to grab our things. i planned on leaving my backpack until the officer asked whos it was. i said it was mine and he placed me under arrrest. in the police report he said the back was open and he could see the illigal material, which is a false statement. he also said he read me my miranda rights, also false. i dont want argue it only to be my word vs. his. this is my 3rd charge of minor poss. of alc and 2nd charge of poss. class d. although i am not on probation i have been on it before, completing it successfully. what is the standard judgement on my case and what should i do about the false statements in the police report? thanks for your help


Asked on 10/05/06, 10:33 am

1 Answer from Attorneys
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: illegal search?

It could be.

One would have to read the police report, and speak with you. It sounds like this may be a second offense possession of marijuan case. This may be a cause for finding you delinquent if you are a minor.

You should really consult with a criminal defense attorney like me, or some one else.

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Answered on 10/05/06, 1:20 pm


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