Portland, OR asked in Civil Rights and Criminal Law for Oregon

Q: Can I be charged for anything inside of my backpack if it was searched by my mom and given to the police?

I bought the backpack with my own money last year, and had no knowledge that she would be searching it. She just walked into my room, grabbed it, brought it into her own room, searched it, and shouted that she was going to call the police whenever she discovered that I had about 2 grams of weed in a bag inside of it. I am being charged with an MIP and was wondering if those were legal grounds to search my bag.

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2 Lawyer Answers

A: Yes. If your mother discovered a bag of weed in your bag and reported that to police, police had grounds to legally search your bag.

James L. Arrasmith
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Answered

A: In this situation, the legality of the search and subsequent charges can be complicated. Generally, parents have the right to search their minor child's belongings in their own home, which can make the search itself legal from a parental standpoint. However, the legality of using evidence obtained from that search in a court of law can be different.

Since your mom voluntarily gave the weed to the police, they can use that evidence to charge you. The fact that you didn't know she would search your backpack and that you bought it with your own money doesn't necessarily protect you from these charges.

It's important to talk to a legal professional who can help you understand your rights and the specifics of your case. They can provide guidance on how to handle the charges and what your best options are moving forward.

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