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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 27187
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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My son was riding to school with a friend and another boy.

Resolved Question:

My son was riding to school with a friend and another boy. The two boys were smoking pot (not my son, he passed a lab drug test that day) and some lady called the school saying she thinks the kids in that truck were doing drugs. The admin. calls the owner of the truck out and searches the truck. They find pot in the glove box. They get my son and the other boy out of class and question them. The driver and the other boy (who has prior drug arrests and just got back from alternative school due to drugs) say the drugs belonged to my son. My son says they didn't. The principal (an ex-police officer) administers a field sobriety test to my son, he passes. I work at the school and they finally come get me and tell me what happened. After almost 3 hours the resource officer arrested my son for possession on the basdis of the other 2 boys. The other 2 were kicked out of school on usage charges. Should my son have been arrested? Should the principal have given him a sobriety test?
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 6 years ago.
To arrest your son only requires "probable cause". This is a VERY low standard and basically only requires a reasonable suspicion that the crime was committed. There is a very technical legal definition but this is what it means to a judge. The officer was within his authority to make the arrest, although it surprises me that he did it on these facts.

The field sobriety test was a little out of line, particularly if the principal wasn't trained to give them. However, since it came up negative it doesn't make much difference.

The drug test which your son passed will end up being a big deal because it is strong evidence that your son didn't have the drugs.

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Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 27187
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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