That's not entirely true. However, the standard for a search on high school grounds can generally be supported by "reasonable suspicions", on a college campus, the higher standard of "probable cause" will generally apply. An anonymous tip CAN be valid under the right circumstances, but there appears to be no issue of a search based on the tip.
Were the front windows also tinted?As he got into his car after class, a police officer (i believe it was a campus officer) pulled him over before he could leave the parking spot, came up to his window, and pointed out that his rear windows were tinted, which to my knowledge is not illegal, just the front windows are illegal.
He probably looked in the windows before the car pulled away ... or, the anonymous tip was so specific it identified that little thing and the officer saw it when he approached.The officer points out he can see a baseball bat in the back seat, which we find very unlikely seeing as my friends body was in the way, and the back windows are tinted, i'm pretty sure there was no way he could see the bat.
I seriously doubt he sat in the back of the police car for THREE HOURS.The officer proceeded to read him his rights and place him under arrest, he sat in the back of the cop car for 3+ hours while they searched the vehicle.
There is no such thing as a "minor amount" of a felonious substance.From what i know they found 1 pill of morphine, 1 pill of Oxy Codone, and i think some cocaine. They were all minor amounts
What are the code sections? Since there was no firearm, that can't be the charge ... perhaps for possessing an imitation firearm, though that would be weak absent some other info.They're trying to charge him with:
Possession of a deadly weapon
Possession of a deadly weapon on school grounds
Possession of narcotics on school grounds
Possession of a controlled substance
Possession of a controlled substance on school grounds
and Possession of a firearm on school grounds
They can ask, but the DA will likely drop the lesser included offenses. Again, it does not matter the title of the offense, but the code section. Depending on the code charged, there ARE different sections that can be applied.Can they really duplicate each charge because it was on school grounds? or is it changed to possession on school grounds only, instead of each charge twice because it was on school grounds?
He shouldn't be on campus kicking it with dope, stun guns, and other weapons - like bats.he has no priors to my knowledge, and we are pretty sure this was a tip by another student.
A search insident to arrest and the impound of the vehicle is sufficient. Only his attorney can determine if there is grounds to make a motion to suppress the evidence based upon a bad stop or search.Does the simple fact of him having windows tinted, and even if the officer had clear sight of the bat in the back would that give him enough reason to search the vehicle?
Obviously you do not know all the details, and neither do we. There may be much more going on here.
- Carl

