HyperMike00

The other day, I smoked in the woods before school. I do this just to relax and chill in school. Anyway, I had nothing on me. Not a thing. Not even any blunts or anything on me or in my car. Well, when I went to school, I got bored in one of my classes. The teacher had us coloring. I am 18 years old and coloring in a pre-calc class is a little stupid. I fell asleep. The teacher sent me down to the nurse and the nurse thought I was high. The nurse called the cop down who patrols my school and he arrested me! He said I was intoxicated with marijuana because I looked high and he smelled it. My mom had to pick me up from jail and I am not allowed back to school until further notice. I do not understand this at all. What proof do they have that I was high at the moment. I asked the cop when they invented a marijuana breathalizer test. This didn't go over to well. Are they even allowed to do this because I didn't think you could be arrested except for possesion.

Higher Logic

Well, you're at school so normal rules don't apply. Did you admit to anything?

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HyperMike00

I said that it's allergy season and I have allergies..

Buzzby

There's a world of difference between getting punished for breaking school rules and getting arrested. As far as I know there are no laws against being high unless you're operating a motor vehicle.

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Higher Logic

But in High School even if a teacher suspects you of being high you can be sent in...arrested, that's a different story, but I feel there's definately some pieces missing from the poster's original post.

dub_specialist

damn, man...... sew those mother****ers cuz what they did is against the law which they claim to apply

Mamabudz

There may exist in your state or county or city, laws against Public Intoxication. Basically they took you to the drunk tank.

Sounds like a few steps may have been left out either in the tale or in your re-telling, but there exist enough questions to make me think you need an attorney.

...then again, I have been known to get stoned from time to time...

DiabloPotHead

What you should do is sue them. They can't arrest you due to suspiscion, they have to have evidence. Just cause you smoked before, doesn't mean they can arrest you. Tell them you smoked on the weekend and the smell isn't gone. Bloodshot eyes, forget stuff, etc. Tell them your tired, i mean you just ****ing fell asleep! All that stuff happens when you're tired and just got woken up. All the stuff is surcumstantion evidence, which isn't enough to arrest you, although it's enough to kill Scott Peterson.

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troublemaker_42

Many people are under the (false) impression you cannot be arrested for "being high". Actually, while it wouldnt apply in this particular case(due to lack of a UA or other drug test), in many places, even having an illegal drug in your system is considered a crime. For example, not only is it a crime to injest an illegal substance in SDOuth Dakota, you can actually be charged WITH POSSESSION of that drug if it shows up in a drug test. While SD is the only state that goes that far, that I'm aware of, many other areas have laws against the injestion of illegal drugs, or being under the influence of illegal intoxicants. While I agree this particular case is BS, had a UA been given, he very well could have been charged with a crime. From what i gathered, although he stated otherwise, is that the police simply detained this person, and he was indefinitely suspended from school. While there is no PROOF of him being high at this point, he wasn't "arrested" or "charged" with anything from what I can tell, as no specific charges were mentioned in any way. It sounds as if he was simply remanded to police custody awaiting the arrival of his mother. Simply being taken into custody doesn't always indicate an arrest was made, especially in the case of juviniles. All this talk of suing people and whatnot is bogus, as, from what I can gather from what was posted, this was an unfortunate series of events, but everyone acted within their legal rights. Basically, he was kicked off of school property (suspended) and the school turned him over to the cops so they wouldnt have to deal with him while they waited for his mom to arrive.

grillmeats

HyperMike00 we need more information on exactly happened and led up to you going into police custosy

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