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Law enforcement outlines limits and procedures for vape incidents in schools
Summary
An agency official (identified in the transcript as Swanson) told the board that school staff should document vape incidents with written statements, preserve evidence and that officers generally cannot arrest for class 2 misdemeanor vape offenses unless the officer personally witnesses the act.
An agency official identified in the meeting as Swanson told trustees that nicotine vapes generally fall under class 2 misdemeanors and that law enforcement must personally witness an offense to effect an arrest. He explained the investigatory process the department uses, including gathering written statements from staff witnesses, securing evidence (for example, the device), and coordinating with the state's attorney if prosecution is appropriate.
Swanson said that when a device contains THC or narcotics the matter becomes more serious and can be referred to prosecutors for stronger action, and he emphasized diversion options available for juveniles. "We cannot arrest on a class 2 misdemeanor... I have to see it myself," he said, adding that schools can and should follow their own disciplinary policies while police handle the investigatory and prosecutorial aspects.
Board members asked several procedural questions about evidence, parental involvement and juvenile court confidentiality; Swanson recommended preserving statements and coordinating with the state's attorney or juvenile diversion programs when appropriate.
