I think I was improperly searched in school. Can a school just search me if they want? Schools can search a student’s backpack or belongings with a lower standard than if they were outside of school. Schools use the threshold of “reasonable suspicion.” Schools can search a student for many reasons, some include: if they receive a tip from another student, observe unusual behavior, or over hear comments. If during the search the school finds drugs or drug paraphernalia such as a JUUL, the student may be expelled.
What if there was no pod in the JUUL? If a school confiscates a JUUL (an e-cigarette), they will likely test it for residue. If the residue is positive for THC, the student may be charged with drug possession. Possession of tobacco may be treated less severely by school districts, depending on their disciplinary policy.
What if the JUUL was someone else’s? Even if you were holding the JUUL for a friend, you can still be face expulsion from school.
Can I defend possession of THC or a JUUL in school?The specific defense of drug possession or drug paraphernalia in school depends on the facts of your case. Some general guidelines to consider:
- Talk to your parents before making a statement to school administration or police.
- Do not talk or text friends about the search, seizure, or investigation. Do not post anything on social media about what happened. Social media posts, text messages, and witness statements can be used against the student.
- Hire a school expulsion lawyer immediately. Getting an attorney involved quickly can increase the chances of avoiding discipline like expulsion and referral to alternative school.
Can you help all students facing possession charges for having a JUUL in school? I can help all Florida students in grades K-12 facing discipline for drug possession in school. I have successfully helped many students avoid the most severe punishment in several Florida school districts. Click here to read my blog post on the consequences of drugs in school and click here to read about school suspensions and expulsions. Richard Asselta is an award-winning student defense attorney who helps students facing drug possession in school. Call today for a free consultation. (855-338-5299