Expulsion

[Seersonny]

In a Virginia public school. I was put in a custodial setting (felt I was not free to leave) and was made to empty my pockets by the vice principal and police officer and threatened that if I didn't empty my pockets I would be searched and taken to jail. I emptied them and had; 2 Marijuana pipes, a container which had marijuana residue, a lighter, and a knife with a 3" blade. I got 10 days OSS and possible expulsion when I meet with the school board on the 11th. Is there any advice or loop hole I could use to get out of this? Out of this as in not expelled. Thanks in advance.

 

[Seersonny]

Might help to mention I'm 16, a junior, and there was no reason to make me empty my pockets.

 

[ecmst12]

Your parents should get you a lawyer. And a therapist.

 

[cbg]

Is there any advice or loop hole I could use to get out of this?

I got nuttin'. And I'm not sure I'd tell you if I did.

there was no reason to make me empty my pockets.

The evidence would indicate otherwise.

 

[Proserpina]

I also didn't say anything about it being illegal. I asked if there was anyway of me getting out of expulsion.

I'm sure your attitude will get you far in life.

Good luck.

 

[cbg]

I am under 18 and cannot be searched without parental/guardian consent, which was not given.

You want to show me the law that says so?

I was not allowed to leave, which was illegal.

Says who?

There was no probably cause to believe I had anything in my pocket.

That's your opinion. The school evidently has a different one.

 

[Proserpina]

When you are in a room with a shut door, and a reasonable person would feel they could not leave the room, it's called a custodial setting. I was asked to empty my pockets because they thought I might have tobacco. I am under 18 and cannot be searched without parental/guardian consent, which was not given. I was not allowed to leave, which was illegal. There was no probably cause to believe I had anything in my pocket.

Good luck with that.

(You were not under arrest, and you were ASKED, not forced - come ON now)

 

[Seersonny]

I was forced that either I empty my pockets or be arrested.

 

[LdiJ]

Good luck with that.

(You were not under arrest, and you were ASKED, not forced - come ON now)

Eh...I am going to kind of disagree with the "asked, but not forced bit". What minor has any clue that they can disagree with what is happening? However, because it was a school I am not certain whether or not the school's actions were improper. I am guessing however that at least 9.9 times out of ten the school knows what they can or cannot do and does not deviate from that.

Since the OP is apparently a minor its up to his/her parents/guardians to challenge what took place if they believe that the school's actions were improper.

I do know of a couple of situations where school administration messed up...but again, its up to the OP's parents/guardians to make that challenge if they are inclined to do so.

 

[Seersonny]

Does anyone have any ideas to save myself from expulsion? I'm not arguing, I know it was my fault but I just don't want to get expelled. I've been trying hard at school and even making straight A's.

 

[ajkroy]

At most schools, it will be the weapon that will get you expelled, not the drugs/paraphernalia. Most schools have a no tolerance policy.

 

[Proserpina]

Eh...I am going to kind of disagree with the "asked, but not forced bit". What minor has any clue that they can disagree with what is happening?

Given that the police can do a LOT to a minor without needing parental consent, don't you think THEY would know where the lines are? Don't forget there was an officer present.

However, because it was a school I am not certain whether or not the school's actions were improper. I am guessing however that at least 9.9 times out of ten the school knows what they can or cannot do and does not deviate from that.

Since the OP is apparently a minor its up to his/her parents/guardians to challenge what took place if they believe that the school's actions were improper.

I do know of a couple of situations where school administration messed up...but again, its up to the OP's parents/guardians to make that challenge if they are inclined to do so.

I see it going absolutely nowhere legally (in terms of addressing any alleged wrongdoing).

I also, however, see the school having to roll its eyes and overturn their initial punishment for no other reason that idiot parents have a tendency to call the press and transform their little darlings into Angels being abused by the Big Old Mean School which is, in my opinion, quite tragic. It's called Bradyism in some circles.

But that seems to be the state of things today. Le sigh.

 

[Proserpina]

Does anyone have any ideas to save myself from expulsion? I'm not arguing, I know it was my fault but I just don't want to get expelled. I've been trying hard at school and even making straight A's.

Read what I wrote. You could probably use it as a guideline no matter how sickening I think it might be.