Arrest, Search, Seizure, Warrant truancy

[colleen]

On Friday my boyfriend, Tim, who is 18 had a concert at school. He had his friend tell the teacher he was running home to get a microphone. Tim only lives 2 blocks from school. On his way back to school he was stopped by an officer. The officer arrested him for being truant. The officer then took him back to school. The teacher told the school and officer that he had permission to go home and get the microphone. The officer then went through Tim's backpack and then found a bowl. He was then also arrested for possesion of parafinalia. Should Tim have been arrested for truancy? And if not can he be held responsible for the possesion?

 

[Michael Wechsler]

It would seem that there was a right to be stopped for truancy but I don't see a right for searching the backpack, unless he consented. As is always the case, the stories aren't always accurate when told to a third party and relayed here and I'm sure that the officer may have another version. It's difficult to tell but assuming your bare facts it would seem the officer could possibly have been out of line in performing a search... but we really need more facts.

On Friday my boyfriend, Tim, who is 18 had a concert at school. He had his friend tell the teacher he was running home to get a microphone. Tim only lives 2 blocks from school. On his way back to school he was stopped by an officer. The officer arrested him for being truant. The officer then took him back to school. The teacher told the school and officer that he had permission to go home and get the microphone. The officer then went through Tim's backpack and then found a bowl. He was then also arrested for possesion of parafinalia. Should Tim have been arrested for truancy? And if not can he be held responsible for the possesion?