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is this allowed?


Question Posted Friday November 19 2004, 11:48 am

At school a few weeks ago, I walked into the assistant principlals office to get my locker combination because I couldn't remember it. While I am in there, the assistant principal takes me into her office and informs me that several teachers and staff that walked into the office said that it smelled of alcohol, and that the strong scent of alcohol was coming from me! She asked if I would be willing to take a breath alizer test and I told her yes, I will take one. Well, I obviously passed the test and then she kept talking about how strong the smell is. I told her I couldn't smell anything! I told her that maybe it's the halls in my mouth that is making the room smell like alcohol, but we both agreed that a tiny little halls can not stink up the whole room with a strong scent of alcohol. So, she brings me all the way out to the front of the school so I can smell fresh air and then back into her office, and I informed her that I still can't smell any alcohol. She was very surprised at this, and kept saying how the smell of alcohol was so strong. She asked if I smoke cigarettes. I told her yes. She asked if I had them on me. I told her no. She asked if I could prove it. I confessed that I did have cigarettes and a lighter on me, but I do not smoke in school and I only carry them on me because I walk home from school and smoke on the way home. She then, searched my things just to be sure, but she asked if she could beforehand. I didn't have anything else on me, and then she suspended me for 3 days. Well, just yesterday, I got a letter in the mail ordering me to court for this. For having cigs and a lighter at school. I just wanted to know..do I have an argument? Was she allowed to do all those things? Do I have any argument at all? I'll rate 5 for everyone. I really need help on this.

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xbellaxobambinax69 answered Friday November 19 2004, 8:32 pm:
well i don't really know that much about the law...and im curious to know how old you are. but let me try to help. if you do have an argument i dont think it will be very good, i know thats not what you want to hear. they prob. considered the lighter as a weapon. thats a really rough position to be in but usually to find out your argument you go to your lawyer, not a website, i think that considering this has to do with the law its a better idea to bring your question to a professional rather than a website.
good luck i hope i helped
if you need anything IM me on xbellabambinax69
xOx Emily

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LaLa34lismchle answered Friday November 19 2004, 7:05 pm:
the school can search anything locker car etc...while on school property for no reason at all....which they did...im not sure about the breathalizer test....and u can def. get in trouble for having ciggarettes and a lighter on u also ...and i believe that u could go to court for it also because a lighter could be a form of weapon and for all they know u could have been planning to burn down the schoool...haha ikno it sounds dumb but yea.....but i wouldnt think theyd take u to court? that seems strange but im sure if they do nothing extreme would happen because the judge would probably understand your reasoning

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MedicatedSanity answered Friday November 19 2004, 5:35 pm:
ya... she was searching you based on a guess... she didn't have reasonable suspiscion. You weren't drinking alcohol and you told her you had cigarrettes... the search was unfair and useless.

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HunniBunni answered Friday November 19 2004, 5:21 pm:
You definetly have a arguement, she really had no reason to go through all of that, and I don't think it's fair that she could do that. You didn't have alcohol on your or in your breathe. Ciggarettes don't have anythign to do wit Alcohol and it didn't seem like it smelled like Smoke, she was just tryng to get something out of you just to know if you have cigs, i dont know what was herproblem bcuz if you smoke or not it is none of her bussiness plus. Smoking is BAD don't do it!

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RedNeckShOrTy answered Friday November 19 2004, 3:52 pm:
Sorry i dont think you do. Having cigaretts in school isn't allowed. She did ask you first and since you gave her permisson she was allowed to search your things. She had a reason to search also, you admitted you had cigarettes. You had the cigarettes so you have to go to court. Sorry hun! I hope I helped!

~***Hannah***~

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pRiiNcEsS_bRyT answered Friday November 19 2004, 3:36 pm:
well technically u cant rele do n e thing about it cuz ur not allowed wit cigs or a lighter on skool grounds....u can arugue but it might not get u n e where! sorry hun good lucc wit everything!

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BotheredAndBroken13 answered Friday November 19 2004, 3:17 pm:
The rest of the people who answered this question are completely correct. Even thought you let her search your things with no struggle, you still had the cigs on you. I didn't think that they would go so far as a court date, but you shouldn't get into too much trouble. Jeez, they're only cigarettes for god's sake. Anyways, tell the truth, don't stretch it on anything. That will only get you into more trouble in court. if they ask if you really did have them on you and if you smoke explain it all, that's all. Sorry I wasn't too much of a help. : Good luck.

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loochalo answered Friday November 19 2004, 2:31 pm:
well they are allowed to check your stuff by getting permission from you but maybe do some research on the laws around that stuff...well GOOD LUCK AND I HOPE I HELPED!

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jbdreamer answered Friday November 19 2004, 1:47 pm:
As far as I know, schools are allowed to search anything you bring onto the property. And even if they weren't allowed, she still she asked your permission, and you said yes. So yes she was allowed. Bringing cigarettes to school is obviously against the rules if you were suspended for it, and now if you have a court order, it may also be a county, or even a state ruling. If that is so, I would say you have little to no argument. Do some research about the laws surrounding this before your court date, it may help your case.

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Adrz answered Friday November 19 2004, 12:15 pm:
I dont know what to tell you..I have court in 5 days for something i totally didnt do, and theyre telling me there going to put me in juvi for it. Oh hell no, now thats fucked up...I brought cigs to school once, and because im still underaged i got a 250$ fine, cus it was my 2nd offence er w/e...I dont think you should have to go to court about that, just go there and plead not guilty, if you gave her permission to search your stuff, you really dont have an argument becuase if you didnt give her permission she couldn't have searched it, and if the cigs were on you and not in your locker or w/e, thats illegal unless you told her you had them on you and you did..so..i uno..im gettin lost..lol..anyways, hope i helped =)

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