Q: Can an officer arrest a student at school for possession of marijuana when the teacher's statement is only evidence?
The teacher saw my daughter catch and then toss a wadded up paper. She called her out of class, then sent her back in the class to get the wadded paper. When it was opened there was a marijuana bud inside. She then called the school resource officer, who was at another school to come there. He arrived and searched my daughter, and arrested her just on what the teacher said. The other child involved was NOT called out of class or anything else. Also, the officer DID NOT read her the Miranda Rights!
A: A police officer does not have to read your daughter her Miranda rights when he is making an arrest. Miranda only applies when she is being interrogated while in custody. If the marijuana was not seized as evidence, then there is a good argument for dismissal of the case. You need to hire an attorney to represent your daughter so that her rights can be protected. But there sounds from the facts you gave that there is probable cause for the arrest.
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