Drug Crimes, Substance Abuse 4th Amendment

[forestrandom]

Jurisdiction

Massachusetts

My university police department interrogated me on the charges of drug distribution and drug possession. My university dean (who was in the interrogation room and was supposed to guide me) and the two detectives led me to believe that 1. this investigation would stay internal within the university and 2. I would certainly benefit from telling the truth under the university's internal disciplinary process. Although I was read my Miranda rights, I confessed to the distribution of substances and they seized my bag. Now my case is being referred to the local police department and I may be facing criminal charges. Were my fourth or fifth amendments violated? Was I being unjustly coerced into confessing?

 

[army judge]

Was my fourth amendment violated? Was I being unjustly coerced into confessing?

You were read Miranda.
I suspect you understood that YOU HAVE THE RIGHT TO REMAIN SILENT meant.

Police are permitted to lie to suspects.

When a police officer reads Miranda to you, you're a suspect.

Some things you're presumed to know when you reach the age of majority.

There are exceptions, nothing makes me think you'd be an exception.

I suggest you plead not guilty, if you're charged.
If the city police come to visit, all you should say is, "I want a lawyer. *

No matter what anyone says, keep repeating that mantra.

It is okay to reveal name, date of birth, address, medical issues, etc.

Don't discuss the case, or anything else.

Keep yer yapper shut, or repeat your mantra.

Be polite, remain calm, and don't argue or resist.

Don't talk about your case with any other inmates if you are arrested.

Now is the time to arrange bail money and someone on the outside who can assist you in posting bail.

Good luck.

 

[mightymoose]

Nothing you wrote indicates anything improper.

 

[Zigner]

You were read Miranda.
I suspect you understood that YOU HAVE THE RIGHT TO REMAIN SILENT meant.

I'd just like to add to this (as I did on another site where the OP posted [the OP sure likes to talk about his crimes]):
In addition to the right to remain silent, the OP was also advised that anything he says would be used against him in court.

 

[army judge]

In addition to the right to remain silent, the OP was also advised that anything he says would be used against him in court.

If a person didn't understand what was told him/her as a result of being read Miranda, there are exceptions, such as a person NOT being able to hear, understand English, being too intoxicated at the time, or the person has a major mental disability or lack of mental acuity to understand what was read to her/him.

From what the OP related above, I see no such exception for our OP.

At any rate, should I be wrong, the person's attorney can deal with that issue before a judge.

 

[adjusterjack]

If a person didn't understand what was told him/her as a result of being read Miranda, there are exceptions, such as a person NOT being able to hear, understand English, being too intoxicated at the time, or the person has a major mental disability or lack of mental acuity to understand what was read to her/him.

From what the OP related above, I see no such exception for our OP.

Agree. This is a university student. I would expect no such exceptions to apply.

Stupidity doesn't count.

 

[justblue]

Wasn't it the fifth OP was whining about down the street?

 

[flyingron]

And unless he wasn't free to leave, Miranda wasn't even required here.

 

[zddoodah]

My university dean . . . was supposed to guide me

What would make you think that? "Guide" you about what? Is the dean an attorney? Also, every university has dozens of persons with the title "dean." What exactly was this person dean of?

QUOTE="forestrandom, post: 299597, member: 127462"]My university dean (who was in the interrogation room and was supposed to guide me) and the two detectives led me to believe that. . . .[/QUOTE]

Just FYI, telling us that someone "led [you] to believe" something without telling us what they did or said that led you to believe the thing is completely meaningless.

Were my fourth or fifth amendments violated?

Nothing you wrote suggests to me that they were, but here are links to the Fourth and Fifth Amendments to the U.S. Constitution. What part(s) do you think might have been violated and why?

Was I being unjustly coerced into confessing?

We have no way of knowing because we weren't there, and you provided virtually no factual information other than: (1) you were being interrogated interrogated by university police (who may or may not have been "real" police officers); (2) you were read Miranda warnings; and (3) you confessed to your crimes. Everything else you mentioned was conclusory and/or an expression of opinion (that something might be "better" than something else is nothing but an opinion).

 

[army judge]

And unless he wasn't free to leave, Miranda wasn't even required here.

OP admitted that Miranda was read to him, not commenting on whether he was free to depart the scene.

My university police department interrogated me on the charges of drug distribution and drug possession.

Although I was read my Miranda rights, I confessed to the distribution of substances and they seized my bag.

OP connected a couple more dots.

Now my case is being referred to the local police department and I may be facing criminal charges. Were my fourth or fifth amendments violated? Was I being unjustly coerced into confessing?

 

[forestrandom]

We have no way of knowing because we weren't there, and you provided virtually no factual information other than: (1) you were being interrogated interrogated by university police (who may or may not have been "real" police officers); (2) you were read Miranda warnings; and (3) you confessed to your crimes. Everything else you mentioned was conclusory and/or an expression of opinion (that something might be "better" than something else is nothing but an opinion).

The dean is the person overseeing my dorm and the one who was supposed to inform me of all that was happening + guide me through the process. He took staunchly took the stance (directly before I was interrogated) that because my university hates lies even more than substance abuse, I should definitely say the truth. (Yes—why would I trust him? is then the immediate question).

The police officers AND the dean kept repeating how lucky I was to be talked to by the UNIVERSITY rather than the real police and how it was going to stay that way. Is this not some sort of misinformation? Both parties, even the dean who EXPLICITLY supposed to be there for my benefit.

Anyway, regardless I do obviously see and admit my stupidity in this matter. Not denying it. Just trying to see any loopholes in this thing.

 

[forestrandom]

I suggest you plead not guilty, if you're charged.
If the city police come to visit, all you should say is, "I want a lawyer. *

Appreciate the advice. Although obviously you don't know my case and aren't my lawyer, why do you suggest I plead not guilty? If they have a confession and an evidence bag, isn't the case set in stone?

 

[Zigner]

Appreciate the advice. Although obviously you don't know my case and aren't my lawyer, why do you suggest I plead not guilty? If they have a confession and an evidence bag, isn't the case set in stone?

Pleading "not guilty" is the mechanism with which you (1) tell the courts that you wish for the state to prove its case against you, and (2) gain more time to prepare a defense for yourself, whatever that may be.

 

[justblue]

Appreciate the advice. Although obviously you don't know my case and aren't my lawyer, why do you suggest I plead not guilty? If they have a confession and an evidence bag, isn't the case set in stone?

My goodness...Are you really this ignorant of the legal system? One would think a drug dealer would have spent a little time investigating the law just in case he was caught dealing.

 

[army judge]

Appreciate the advice. Although obviously you don't know my case and aren't my lawyer, why do you suggest I plead not guilty? If they have a confession and an evidence bag, isn't the case set in stone?

You are most welcome.

Where on Earth have you been, mate?
I am sure you have heard this, but I'll repeat it again to jog your memory.

In our system of jurisprudence a person is INNOCENT until proven guilty.

A person charged with a crime need not do anything to prove his/her innocence.

It is the state (as in government) that has the burden of proving the defendant did what the state is accusing the defendant of doing.

Just because a person may have allegedly confessed, there are several ways a person's alleged confession can be tossed.

All persons charged with any crime have the right to plead not guilty, in fact, such a person can stand mute before the court when asked to enter a plea.

If the defendant stands mute, the court is required to enter a plea of NOT guilty on her/his behalf.

I am surprised that any student attending any college or university doesn't know this.

Many of our progenitors were illiterate.

Most of them knew their rights and responsibilities.

You haven't been charged.

Nothing the police possess is evidence at this point.

If you are charged, a trial commences, the state must be allowed to enter all such "stuff" during trial as evidence.

There are rules and a well defined protocol as to how that is done, and the judge oversees the process.

Your attorney is there to see that your rights are not trampled.

The judge has many duties, one of which is to determine if "stuff" becomes evidence.

If you wish to plead guilty, you will be allowed to do so.

You also have the ability to wave your rights and plead not guilty.

That can only be done after the judge admonishes you about your rights, and advises you that you aren't required to do so, that you do have rights.

A plea isn't appealable.

A conviction grants you the right to appeal the conviction.

Good luck.

The dean is the person overseeing my dorm and the one who was supposed to inform me of all that was happening + guide me through the process. He took staunchly took the stance (directly before I was interrogated) that because my university hates lies even more than substance abuse, I should definitely say the truth. (Yes—why would I trust him?

A better question is why trust anyone?

The position one holds in life should never be used to determine if you trust the person.

The WORST any university can do to a student ADMINISTRATIVELY is expel the student.

On the other hand, a criminal matter, which very often begins with a police investigation, carries the far greater impact of incarceration in prison (along with the extinction of several rights).

 

[army judge]

The police officers AND the dean kept repeating how lucky I was to be talked to by the UNIVERSITY rather than the real police and how it was going to stay that way. Is this not some sort of misinformation?

Again, you astonish me, mate.

First of all, our society has carved out many exceptions and allowances for educational institutions (public, private, and parochial).

The police are allowed (some even say encouraged) to lie to people/suspects to extract a confession/admission.

The university official gave the police extra assistance, because the Dean isn't subject to certain restrictions placed on police.

Let's address the police agency involved.

I have redacted the university name to protect your privacy.

All sworn members of the ABCDEFG University Police Department are sworn as special state police officers under STATEofCONFUSION General Laws Chapter XXC Section 00.

This gives them full powers of arrest in and upon all property owned or controlled by ABCDEFG University.

Additionally, all officers hold commissions as deputy sheriffs for HUMPTY County and DUMPTY County, which gives them powers of arrest throughout CRUMBURG, POTATO, and BOOMTOWN, where ABCDEFG University has additional facilities.

Mate, those police officers are REAL deputy sheriffs, meaning they are LAW ENFORCEMENT officers with full police powers throughout the state, as well as the counties where the UNI operates.

 

[Zigner]

Again, you astonish me, mate.

First of all, our society has carved out many exceptions and allowances for educational institutions (public, private, and parochial).

The police are allowed (some even say encouraged) to lie to people/suspects to extract a confession/admission.

The university official gave the police extra assistance, because the Dean isn't subject to certain restrictions placed on police.

Let's address the police agency involved.

I have redacted the university name to protect your privacy.

All sworn members of the ABCDEFG University Police Department are sworn as special state police officers under STATEofCONFUSION General Laws Chapter XXC Section 00.

This gives them full powers of arrest in and upon all property owned or controlled by ABCDEFG University.

Additionally, all officers hold commissions as deputy sheriffs for HUMPTY County and DUMPTY County, which gives them powers of arrest throughout CRUMBURG, POTATO, and BOOMTOWN, where ABCDEFG University has additional facilities.

Mate, those police officers are REAL deputy sheriffs, meaning they are LA ENFORCEMENT officer with full police powers throughout the state, as well as the counties where the UNI sits.

I was just about to point out the same thing. If they weren't "real" cops, they wouldn't have advised the OP of his Miranda rights.

 

[army judge]

I was just about to point out the same thing. If they weren't "real" cops, they wouldn't have advised the OP of his Miranda rights.

Most states, I say most because I haven't researched ALL states, have laws granting university/college police departments full police authority.

 

[flyingron]

It matters little if they are real police or not, it's the real prosecutor you're facing next and all those in the room (other than you) can give testimony that you confessed.

If you are approached by the police or a prosecutor again, decline to speak to them without an attorney. An attorney will likely tell you not to speak tot hem at all. If charged or arrested, get an attorney. If you are indigent, ask for a public defender.

 

[cbg]

Pleading not guilty is not saying, "I didn't do it". It is saying, "I am standing on my right under the Constitution of the United States to have the State prove me guilty".