Judge Tom

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.)