Damico & Stockstill, Attorneys at Law

Drug possession charges follow unrelated investigation of Louisiana men

On Oct. 22, four former Louisiana State University (LSU) football players were arrested and charged with marijuana possession. One of the suspects was arrested at his apartment near the LSU campus, after police arrived to investigate an argument he got into with a maintenance worker at his apartment complex. In the process, 10 bags of marijuana were discovered.

After being charged with drug possession and spending the night at East Baton Rouge Parish prison, three of the men were released. One of them is enrolled at LSU, but could face expulsion according to school regulations. He also tested positive for the drug while on the team. He and another suspect from Destrehan, Louisiana, received misdemeanor charges of simple possession. Another male remained in the prison on the Friday preceding the original report.

This was the second arrest in over a year for one suspect, who was arrested on a felony charge in August 2011. While a previous charge could complicate matters, he wasn't in possession of marijuana, according to his attorney. The police were not looking for drugs during the original investigation, and it could be argued that the Fourth Amendment to the U.S. Constitution may have been violated in the process.

The Fourth Amendment was put in place to protect people from unreasonable intrusions and searches. It covers apprehensions of people on the street and searches of homes and businesses. Someone accused of a crime, therefore, has the legal right to question the circumstances leading to their being searched or arrested. These details can be presented in court as evidence, so a strong legal defense is necessary for individuals like the former LSU football players. Their recent arrest involved charges not related to the initial investigation.

Source: USA Today, "Current LSU players likely won't be investigated for marijuana," Glenn Guilbeau, October 26, 2012.

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