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Q&A

Know your rights! Youth justice and juvenile law answers.

Askthejudge.info features regular updates from the news, important decisions from the nation′s courts, and online discussions with Judge Tom. Find out everything you need to know about youth rights, juvenile law and juvenile justice. AsktheJudge – Empowering youth one question at a time.

Disclaimer: The information contained in this site is made available to the general public and is not intended to serve as legal advice.You should consult a trained legal professional in your area for questions you may have about the laws affecting juveniles or any legal interpretations.

Copyright, 2014
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February 17, 2016
Judge Tom
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Judge Tom

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Hello, we understand your concern as a person’s phone (including students) can contain a ton of personal and private information. Generally, a teacher needs at least reasonable suspicion that a law has been violated or a school rule broken before searching a student’s phone. First, you can look at the school’s student handbook and see what it says specifically about cell phones on campus. It should be clear and give students notice as to when their phones may be confiscated and/or searched. The U.S. Supreme Court decided a couple years ago that the police (under most circumstances) need a warrant before searching a person’s phone including a person who has been arrested. The Court used strong language about a person’s privacy rights concerning their phones. A student’s case concerning the search of his/her phone on campus has not made its way up to the Supreme Court, however lawyers can look at that case to argue that students’ privacy rights must be protected. Perhaps you could consider speaking with the principal or another school administrator about your concerns. Otherwise, an attorney in your area who practices education law could provide assistance specific to the laws in your state. Good luck. (Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)

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Judge Tom

The Author Judge Tom

Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including 'Teen Cyberbullying Investigated' (Free Spirit Publishing) and 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing). In 2020, the American Bar Association published "Cyberbullying Law," the nation's first case-law book written for lawyers, judges and law students. When he's not answering teens' questions, Judge Tom volunteers with the American Red Cross and can be found hiking, traveling and reading.