Legal Question in Criminal Law in Michigan

Juvenile with marijuana at school
My son was caught with a small amount in his locker as well as accused of smoking in the restroom. What upset me was when the principal emptied his pockets he grabbed his cellphone and started going through the pictures and videos. When the police came he showed pictures of my son with 4 bags which the police said made him a dealer and could be a felony. Police threatened us to search house take computers and we cooperated . Now just charged for possesion. Bothered me that principal could search phone, was in pocket not taking pictures in school. Was wondering if all was legal. Still have not had phone returned 4 months later.

Asked on 9/11/07, 11:40 am

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

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Re: Juvenile with marijuana at school

4th Amendment "unreasonable search" issues really do not apply to school officials, as long as they are not searching at the request of police. 4th amendment issues apply to constitutional violations by police.

As for the searh at your home, if you gave consent to search, that's a valid way for the ppolice to get evidence as long as there was no undue coersion, etc that makes the search "unreasonable".

Answered on 9/11/07, 2:58 pm

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