Attorney: Dylan W. Greenwood
Charge: Weapon on Education Property; Possession of Marijuana
Case Result: Dismissed by Court due to Motion to Suppress for Improper Search
Police were investigating a carjacking that happened off school property and they believed that students at the school may have been involved. The following day, police, along with school officials, brought the client to the office and immediately began searching his bookbag and patting him down. Police admitted that this search was done because of the events that happened the day before. Police found a knife and marijuana in the bookbag. School officials have broad powers to search students when it comes to ensuring school safety and a calm learning environment. Almost any search for those reasons by school officials would pass a court’s scrutiny and be allowed. However, these rules change when it is an officer conducting a search for an investigation of an event that occurred off school property. These searches are under the same scrutiny as any search done without a warrant—probable cause.
In all criminal cases, Greenwood Law looks to protect your constitutional rights immediately. This case was no different. This client’s constitutional rights were trampled by this unconstitutional, warrantless search, and we felt it was our duty to bring this to a court’s attention. When this occurs, we file what is called a Motion to Suppress. These motions prevent evidence obtained through unconstitutional means from being presented to a court. We filed our Motion to Suppress due to the police not obtaining a warrant for the search.
The court granted our motion and dismissed all charges against the client.