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  1. #1
    Join Date
    Oct 2011
    Posts
    1

    Default Searching a Minor in Ohio

    My question involves juvenile law in the State of: Ohio
    The other day I had just gotten off work. Seeing as we had no school it was about 11:30 AM.
    The police officer who searched me was parked in a parking lot parallel to my driveway. After going home, I left again with the police officer in the parking lot.
    I was about thirty seconds walking down the street and he came out of the parking lot with lights and pulled up next to me. He asked me my name and age, which I gave him. After saying my age (16) he said "Oh, 18? Care if I search you?" I replied "No, 16, and yes I do mind"
    As I said this he told me to put my hands on my head and began searching me. I had a pack of cigarettes and less than a third of a gram of marijuana with me(I honestly didn't know, it was in my back lower pocket[cargo shorts]) with me because I have parental consent to smoke, and he confiscated them. Along with all of this was my drivers license which he read when he pulled it out of my pocket. The cop then forced me into his back seat and told me he was writing me a ticket. My ID was brought up on his screen and I read where it said not 18 UNTIL **/**/****
    After searching through my cell phone to get my mothers number(If I was 18, why would he do this?), wrote it down, and then stated he used to date her in high school and opened the back seat door, handed me everything but my cigarettes, and told me to go home.

    Primary Question
    ************************************************** ********
    Can a police officer search an unconsenting minor without a parent present? If so, what would be my best course of actions?


    Extra facts: No criminal record, honors student, had a job since 2 weeks after turning 16

  2. #2

    Default Re: Searching a Minor in Ohio

    They can if they have probable cause. Whether or not the officer HAD such cause, we can't tell you, as we don't know what prompted the officer to confront you in the first place. But yes, police CAN search you if they can articulate some reasonable suspicion. If you feel the search was inappropriate, then you challenge any fruits of that search should you be charged with a crime.

    And, just so you know, parental consent to smoke means exactly NOTHING. Parental permission doesn't over-ride either state law OR school policies. Parents have no lawful authority to "declare" the illegal to suddenly become legal.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Searching a Minor in Ohio

    You being out of school, during school hours could be probable cause. I suggest you continue the poor choices you make in life, by calling the police station and complaining the officer took your weed, without charging you.

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