Legal Question in Criminal Law in New York

Re: Jurisdiction

Dear Student:

Whether or not the security guard at your school is authorized to search you when your off campus depends on the circumstances and the school's regulations. Did the guard see you and your friend smoking a joint on campus and follow you off campus before stopping you? First check your school's rules and regulations to determine what it says about the jurisdiction of the campus security guards. Most jursidictions permit interdiction where an act began in their jurisdiction but the offender is apprehended in another jurisdiction. Is there language in the rules and regulations that suggests that you could be charged with conduct unbecoming of a member of your student body? Next ask yourself, did your friend voluntarily open the pouch? If so, then wasn't it a voluntary search? Moreover, remember, you are entitled to defend yourself at the hearing. Are you allowed a representative such as a lawyer, law student or teacher? If so, then seek some help. Look to show that the offensive paraphernalia was not discovered on your person or in your dominion and control. You can prove this through your own testimony as well as that of your friend's. Remember to cross examine the security guard. Where was the guard when he first observed you? Did he ever lose sight of you? In fact try to get a prehearing statement from the guard. Ask yourself, how are they going to prove that I knew what was in the pouch? Did someone see you possess the pouch at any point in time that night?

Hope this helps. Otherwise, go to school in Nevada.

Re: Jurisdiction

It appears that the security guard may have exceeded his authority in searching you and your friends. Unless you gave the guard permission to search, i.e. you consented, the guard must have a reasonable suspicion to believe that a crime is being committed. The courts do not permit the random frisking of people by police officers unless they have a good reason to search. If you want to contest the school's disciplinary finding there is probably some procedure in place for you to do so.