Legal Question in Criminal Law in Wisconsin

Hello Lawyers, Thank you for listening to my question. My question is how do I get the judge to drop my charges because of failure of due process or lack of student rights.

Here is the situation - First of all, I am a college student living in the dorms. I live in Wisconsin. Yesterday I was charged with Paraphernalia (THC), Possession of Adderall without a prescription AKA (amphetamines) , Underage drinking, and Possession of THC.

So here is the situation and how it happened. I was smoking THC in my room. Apparently there was a complaint or report came in of smell of Marijuana. I live on the first floor, and I believe the complaint, came from outside , somebody smelling or seeing suspicious activity (NOTE - no eyewitness account of me actually smoking) So here�s how it starts, I had just finished smoking THC, when I look out the window and I see this creepy guy, giving me this scary look. I am a little freaked so I shut the blinds. Then about two minutes later I hear a knock on the door. It�s a very quick knock. I walk over to look through the peephole and nobody�s there. This happens again, and again, and again each time hearing people run away. Each time my roommate, yelling �Who is it?� ( correct me if I�m wrong but don�t cops have to tell you this ). Then another knock this time I look through the peephole and I see fingers disrupting its view. As I open the door, I look through the peephole and see the creepy guy I saw outside. The creepy guy works as a student security officer � to help the cops. Anyway as I open the door, he and then the cop burst, barge in yelling. Then he says this is the police. Yelling the cop says � you wanna tell me why it smells like marijuana� I became ecstatic I start yelling I know my rights. And he goes yea �what are those?�. I said I know my 4th Amendment Right - right against unlawful search and seizures. He becomes very angry at me � saying he teaches law. He then says he can search my room, whether I am there or not cause of the room contract I signed � however the creepy security guy came in first. I end up giving him the marijuana, causes he threatens to get a warrant. He then searches my room and finds the other illegal items. Let me just say, that IT WAS MY MISTAKE to have this situation happen. Note no smoke could be smelt, from inside the building in the hallway ( I had a towel over the door) , only once inside my room and from outside. I shouldn�t have been smoking but I have never felt more violated and alone. The whole situation felt like a scene for Schindlers List it was terrible. They searched my entire room, made fun of a medical condition I have � cause I take a cardiovascular medicine. I told the police officer that the Adderall was for a friend, I had forgotten about and don�t like to take it cause you can overdose on it.

Then I was taken to jail and made bond with these Wisconsin charges pending

Underage, 961.41(3g)(E) � possession of THC, 961.573(1)-Drug Paraphernalia, 961.41(3g)-possession of Amphetamines.

Thank you, so much for reading this! Please Help with my case ^ please take care.


Asked on 12/06/12, 11:32 am

2 Answers from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

First, you should hire legal counsel. THe matters you relate are not simple.

Second, police do not have to tell you they are knocking on your door. However, you cannot be charged with resisting or fleeing if they do not identify themselves.

Third, security officers are no law enforcement officers and are not bound by the same requirements.

Fourth, whether a warrant was required would depend on what the officers had observed. Challenging the validity of a search may often result in the suppression of evidence resulting from the search. Whether or not a search is valid, or whether arguments exist that it was a violation of the fourteenth amendment and State constitutional protections requires a full review of the facts of the case. Accordingly, you would be wise to hire an experienced criminal defense lawyer.

As a general rule, law enforcement may not make a search without a valid warrant supported by probable cause. There are, however, numerous warrant exceptions including cases where contraband is in plain sight, where the search is related to officer safety, or where exigent circumstances exist supported by additional probable case.

In the scenario you relate, you turned over the contraband. The officer did not conduct a search although he threatened that he would. A threat to search is not the same as a search.

Perhaps a more interesting issue is whether you were "in custody" and, as a result, whether or not a Miranda warning was required before an interrogation occurred that may have resulted in contraband.

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Answered on 12/06/12, 1:05 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Is your college public or private? The answer matters because the Constitution's ban on unreasonable searches and seizures applies only to government entities and their agents. Campus police at a public college are governed by it, but those at private colleges are not.

I would also need to see your housing contract. It may indeed say that campus police and other authorities can enter without your permission under certain circumstances. What effect those clauses might have will depend upon many factors. You seem to presume they are irrelevant. That may be true, but you should not count on it.

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Answered on 12/07/12, 1:39 pm


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