February 2, 2016
Judge Tom
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Judge Tom

We’re assuming the phone was searched by school administrators, but it could be the police you are referring to. As for the school, look at your son’s Student Handbook and the “Acceptable Use Policy” to see what it says about cell phones and when they can be confiscated as well as searched. Typically, a school official needs at least reasonable suspicion of a crime occurring or a school rule being violated before searching a student’s phone. As for the police, you need to refer to the laws in your state. Generally, the police need more than reasonable suspicion – they either need a warrant or “probable cause” before searching a person’s phone. This is the general rule, but of course there may be exceptions that apply. You could contact a local attorney for further information and assistance based on 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.)

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.