Caution for possession of cannabis. Entry into USA?

kizkiz

twig1 wrote: »

A caution is an alternative to a prosecuction it is as a result of being arrested and charged with an offense and is given after someone has admitted the offense they have been charged with. So yes he has been arrested and he has a criminal record but no conviction. Drug related offenses are taken very seriously by the Americans. Don't know whether they have access to our records but a caution will definatley show up on a criminal record check .
http://en.wikipedia.org/wiki/Police_caution

My thoughts too
To get a caution you generally get arrested and admit it.
Op, do you mean that he got a cannabis warning perhaps?

richardw

kizkiz wrote: »

....Op, do you mean that he got a cannabis warning perhaps?

Yes definitely double check this and whether or not he was actually arrested.

anxious_mum

As far as I know, he 'only' got a caution. If that means that he was arrested first, and then was given a caution, I don't know, I'm really not au fait with the workings of these things.

Personally, my only brush with the law was a speeding ticket, and I was driving in Belgium at the time :-)

I think what we'll do is call the police on Monday and try to find out exactly what he got, and whether he was actually arrested or not. I suppose if he was not arrested, he will be OK, but if he was arrested, he will have a problem and they will have to reconsider their destination.

Which is a shame, as a week in Toronto isn't quite the same as a week in New York City!

It sounds like it could turn out to be a hard lesson to learn, I hope he thinks his dabble in smoking weed was worth it.

spender

Fill out the Esta without mentioning the caution. If it is granted good. The USA do not ask for checks on every person entering the USA.

Take a chance

Voyager2002

spender wrote: »

Fill out the Esta without mentioning the caution. If it is granted good. The USA do not ask for checks on every person entering the USA.

Take a chance

The problem is that if he ticks 'no' then the ESTA will be granted... however if someone notices then his problems begin when the 'plane lands. Worst case would be (i) a wasted air ticket and travel time; (ii) some time spent in detention before being placed on a 'plane returning to the UK; (iii) a record that he had lied to US Immigration, meaning that he could then forget about any visits to the USA for many years to come.

Rather than taking a chance, he should go somewhere more fun. The USA is over-rated, and I am confident that he would have a far better time in Cuba.

John259

I think we've established that he can truthfully tick "no" on the form.

End of problem - unless anyone knows different of course.

BTW the Cuba joke was funny first time, now it's just annoying.

richardw

Ask him what the officer said? Did the officer say the word 'arrested'?

Nick_C

richardw wrote: »

Ask him what the officer said? Did the officer say the word 'arrested'?

If he was arrested, I think he would know..

https://www.gov.uk/police-powers-of-arrest-your-rights

If you’re arrested the police must:

identify themselves as the police
tell you that you’re being arrested
tell you what crime they think you’ve committed
explain why it’s necessary to arrest you
explain to you that you’re not free to leave

https://www.gov.uk/police-powers-to-stop-and-search-your-rights

The police have powers to stop and question you at any time - they can search you depending on the situation.

A police officer has powers to stop and search you if they have ‘reasonable grounds’ to suspect you’re carrying ... illegal drugs

Before you’re searched the police officer must tell you:

their name and police station
what they expect to find, eg drugs
the reason they want to search you, eg it looks like you’re hiding something
why they are legally allowed to search you
that you can have a record of the search and if this isn’t possible at the time, how you can get a copy

Being searched doesn’t mean you’re being arrested.

anxious_mum

Thanks Nick_C, I will ask him when I next see him.

Do they have to do that whole 'anything you say may be taken down in evidence' thing when you're being arrested? Is that the Miranda speech? I'm sure he would remember if that had been done. I wonder why it's called that? What an awful conversation to be having about my son :-(

As for going to Cuba? Nah. Not even on the horizon.

littlereddevil

The USA know a lot more than you think. I know of a lad not allowed entry and being sent home despite having an esta