Quick Legal Question (any lawers present)

PhishCactus

Lvl. 420 Vaporist
An unfortunate soul at my educational institution was brought down today, after a long reign of providing a vast cliental base with our beloved cannabis. It appears someone was tipped off, and although his name and the activities he engaged in were clear to the institutions officials for a long time, it seems as if this pushed it over the edge and allowed them to take him down. Although a nice person, he did not go quietly, and dug himself a very deep hole by physically resisting arrest and possibly assaulting both the institutions staff, and the officers who tried to arrest him. Had he gone quietly, depending on how much cannabis he had on him, and assuming he didn't have any other narcotics, which is certainly possible, he probably could have gotten off with a warning and a long suspension.

My question is as follows: What are the laws pertaining to the searching of his mobile phone? I understand that some states require a warrant, and others do not. But assuming officials did gain access to his phone, and a slew of texts that could potentially incriminate over a hundred others, would they be able to act on these texts and discipline/charge those he was in contact with? I imagine that some of the transmissions were vague and unincriminating, while others were probably very blunt and straight forward about their intentions with this cannabis vendor.

Could someone offer some insight? Preferably one of our many very intelligent members who is familliar with the law? I would prefer not to list the state in which this happened but if it's extremely pertinent I think I can, I doubt the cyber police are stalking me. Famous last words. :/
 
PhishCactus,

t-dub

Vapor Sloth
ok Phish, state law is one thing, and will vary state to state, BUT its the feds that would concern me with the phone search. Why? Because they (the feds) can write their own search warrants now without a judge, thanks to the patriot act. State law might allow a search but would probably need a hearing with a judge to show cause to get the warrant. I am NOT a lawyer of any kind, just wanted to help start things off.
 
t-dub,

treecityrnd

Active Member
Some of the extent to which that info can be legally used may depend on the phones "owner". If the university was paying for even :2c: of the phone bills/cost, its public access and everything can be used against you, and possibly published online. A little more dramatic, but search the terms Kwame Kilpatrick and Detroit. It is/was good soap opera, and a learning lesson for all if nothing else.

If it was a private phone (only his $ and no university business), they legally you might be ok. But as dubs said so perfectly, the feds seem to think they have no jurisdiction or rules since the "patriot" act.

Sorry to hear about your friend. Was he carrying stuff on him "on campus". This is banned at most major D1 universities, even in "liberal" towns like mine where MJ has been decriminalized since the 70's.
 
treecityrnd,

t-dub

Vapor Sloth
Speaking of "banned" on campus, I was watching that reality show "JAIL" the other day, yes I like reality TV (its one of very few guilty pleasures) but the important thing to note here is that this one guy got arrested for get this:

"PROHIBITED BEHAVIOR IN A "DRUG FREE ZONE"" :o

Sooo, I didn't know we even had "Drug Free" zones with banned behaviors (different laws), like gambling which is what this guy was arrested for but they said he actually had no right to even be IN the zone at all since he was homeless and had no business in that area . . . but if your "friend" was arrested in a drug free zone it may change things, I just do not know yet, sorry.

Edit: @Peloton VVV You can tell I'm getting old by my comments, LOL . . . things are so "different" now.
 
t-dub,

Peloton

Vapes Hard
t-dub said:
"DRUG FREE ZONE"" :o

His campus very well could be, seems like most campuses/high schools/whatever around here have something to that effect posted. Back in my high school years, it was known that anyone caught doing "bad things" on school grounds by our assigned cop would be punished much more harshly than if you were caught anywhere else.
 
Peloton,

treecityrnd

Active Member
All public schools (secondary/elementary) are "drug free zones". Almost all research universities and most colleges have to comply with the the Drug-Free Workplace Act of 1988. It says that all Federal grantees must provide drug-free workplaces as a condition of receiving a contract or grant from a Federal agency. And since most research funding has some federal ties, any university that gets federal grant money must also be a "drug free zone". And after the football bowl season just ended, you guys know how much money these universities are making each year. And that's just one sport. Then add in all the federal financial aid that is funneled through the university. Then add up all the NIH/NIDA/NIMH/etc. grants.Then add the...it never ends. They aren't going to risk that $$$ for one "pot smoking professor", even if the label doesn't apply (i.e., MMJ).
 
treecityrnd,
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treecityrnd

Active Member
BTW dubs, I'm out for a while. Someone in here struck me with some bad attitude and weak effort. Nothing I hate more than when someone is scared to do something new because of poor effort. No excuse for that. Laters & best. :peace: & love always.
 
treecityrnd,
sounds like college. He'll be smooth, cops don't like pressing charges against personal amounts against college students since It stops them from applying for finanical aid. Just be glad it wasn't you!
 
biojuggernaut,

t-dub

Vapor Sloth
treecityrnd said:
BTW dubs, I'm out for a while. Someone in here struck me with some bad attitude and weak effort. Nothing I hate more than when someone is scared to do something new because of poor effort. No excuse for that. Laters & best. :peace: & love always.
Take care tree, hope to bump into you again some time in the future. Thanks for being a great friend.
 
t-dub,

friedricey

being human
All this Fed raid is just going to drive the industry quasi underground. Silly laws...
 
friedricey,
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