Comments on: Do students have a right to cell-phone privacy while at school?

By: david

david — Sat, 26 Jun 2010 00:59:00 +0000

so me and my friend were dishing class in the pe field then suddenly school security came running after us we managed to escape but then they caught me they accused me of smoking weed for no reason the guy search me i told him i wasent smoking then he went through my phone pics video and messages then let me go. was he allowed to do that? i live in la ca.
Dear David: In many states if a school official has reasonable suspicion that you’ve broken the law or a school rule such as possession or sale of drugs, he has the authority to conduct a search of your property [locker, car, desk etc]. Take a look at your Student Handbook for the rules about on-campus searches by school officials. Be careful about what messages you send and pictures you take with your cell phone. They may become evidence that may be used against you if a crime has been committed such as sexting. Good luck.
[This is information only - notlegal advice].

By: Jason

Jason — Tue, 11 May 2010 18:35:13 +0000

If a student signs a consent form at the beginning of the year, consenting to the searches of their phones at school; and later in the year the phone is taken. Can they revoke their consent to search or based on the fact that the school needs to give informed consent is that previously signed consent form valid or enforceable?
Dear Jason: Ordinarily a consent is valid until it’s revoked. So if you gave written consent, you should also revoke it in writing. However, it may be too late since the phone has already been confiscated and possibly searched. Talk with your parents about this and how to proceed. Good luck.
[This is information only - not legal advice].

By: cesar

cesar — Mon, 10 May 2010 22:34:00 +0000

hey I live in florida and am in the 7th grade and a few months ago i sent a message to my friend during lunch regarding a question about class, later on in a different class she was caught with her phone texting. her phone was searched and all the people that have sent her messages or she sent messages to got their teachers called and their phones taken even if the phones were off,. And one of those people were me. my phone was off though it was still taken for the rest of the year even though i didn’t even have my phone on. this all happened cause my friends phone was search without cause, like i understand that rules are rules and we should be using our phones during class but i think theres a limit that a teacher can do. in the school policy it states phones will be taken if seen but mine wasn’t seen or on.
Dear Cesar: Explain what happened to your parents. It’s possible that your school district has a policy regarding discipline of students and a procedure to challenge it. It should be outlined in your Student Handbook. A meeting with the principal and/or school board may bring results. Good luck.
[This is information only - not legal advice].

By: Keennan

Keennan — Wed, 28 Apr 2010 23:22:02 +0000

I go to a school in the St. Clair county school district in Michigan and today my phone was taken away for being suspected of texting. I really wasn’t texting but I handed my phone to my teacher anyway. I recieved a 3 day suspension and 9% off my grade in every class for the marking period and they told me my mom had to come get my phone but my mom has a job and has no way of coming to get my phone. I pay for my cell phone not my mom so why should my mom have to come get my phone? Do I have to give my phone up to a teacher? Do they have the right to keep which is lawfully mine? they tell me its the policy but its unconstitutional. what if there was a policy where it required you as a student to lets say do sexual favors for a teacher everyday. would that be okay just because it is stated in a school policy? If something is unconstitutional then it is unconstitutional right? why should a school policy over power the constitution. If yu want you can research my school policy on cell phones I go to marysville highschool in michigan
Dear Keennan: It would be better if you read your school’s policy in the Student Handbook. Most schools across the country have policies regarding the use and possession of cell phones on campus. Such policies are not unconstitutional as they are consistent with the school’s mission to educate without interruptions and disruptions. It is not uncommon for the phone to be taken when the policy has been violated, like using it in class. Your Mom can contact the school and make arrangements for its return. Good luck.
[This is information only - not legal advice].

By: Emilee

Emilee — Sat, 24 Apr 2010 16:10:04 +0000

im in 7th grade and my friends mom is studding in criminal justice and what not, but the teacher saw we texting in class and she told me to give me my phone. and my friend stood up and said ” if u lay one finger on her phone, that is not your property and you have no right to take it… she can sew you.” and the teacher said good and i just said wait let me take out my batery because our princible will look through and use your phone without your permishen and he will leave your phone ON so it runs out of batory when you get it back, than my friend told me after class that if they keep your phone over night that it is steeling and u can sew them for that too. and that is what they do. if you get your phone taken away 1 time you get it back the next day at the end of the day. 2 times than its 2 days and you pick it up with a note from your parents, and 3 days you can only get it back it your parents come and pick it up. and if you get it taken away on the week end u get it back on Monday or Tuesday at the end of the day,. please give me a true answer and write me back as soon as posivle!
thank you very much!!!!
Dear Emilee: You seem to know the rules at your school regarding cell phones. Most schools have Acceptable Use Policies in place and if you disagree with the taking of your phone discuss it with your parents. They can contact the school and meet with the principal. Such policies are not against the law. They exist in order to maintain an environment where all students can learn without the constant interference of ringing phones and distractions during class. Good luck.
[This is information only - not legal advice].

By: Jimi Torres

Jimi Torres — Fri, 23 Apr 2010 00:15:57 +0000

Hello,
I had a problem during class today and i was caught texting. I willingly gave up my phone with no argument or anything cause i know it’s against school rules to have it out (and i quote from the only section of our private high schools handbook that covers rules about cellphones): “Cell phones are to be kept out of site from 7:30AM until the end of school. Students are allowed to use their phones in the lobby of the Main Office.” Today i got a call from my dean saying she found inappropriate things on my phone but i don’t ever remember signing any agreement saying that she can go through my phone. And no where does it say they could do that. Are her actions justifiable or did my rights as a student and American get violated? also i have had no suspicions of illegal or harmful activity. thanks!
Dear Jimi: Check your Student Handbook again to see if there’s an Acceptable Use Policy regarding electronic devices on campus. Many schools have these now and they spell out consequences for violating the rule. If there’s resonable suspicion that you broke a rule or the law with the phone, they may search it for evidence. Good luck.
[This is information only - not legal advice].

By: Datsun

Datsun — Thu, 15 Apr 2010 19:50:03 +0000

i have a smart phone with 14gigabytes of space so i put music on it. during a class where listining to music is permitted i was using my phone instead of my mp3 player which did not have the music content that i wanted at the moment. i dont text or make calls during school hours and generly it is on airplane mode should it have been taken away when communications were disabled.
Dear Datsun: You’ll have to look at your Student Handbook for the rules regarding cell phone and other electronic devices at school. Most schools have an Acceptable Use Policy (AUP) that when violated allows the school to take action including confiscation of the phone for a period of time. Good luck.
[This is information only - not legal advice].

By: JD

JD — Fri, 09 Apr 2010 22:44:29 +0000

Today at school, one of my friends got their phone taken away. Before they took it up, he sent a text to a lot of students. While the phone was at the office many of the students replied back, so the office went through the whole list of people who replied back, and took their phone up. Unfortunately I was one of them, but when they got the message they replied saying “i am at the office.” What I want to know is, is it right for them to look through his phone, and is it right for them to text back.
Dear JD: Every state has its own laws regarding searches during criminal investigations and the Fourth Amendment also applies. Citizens are protected against “unreasonable” searches and seizures. This may also have some bearing on the rules at your school regarding cellphones. Take a look at your Student Handbook for the rules about bringing cellphones to school and the consequences when they go off in class or are used in violation of the rule. Searches may be conducted if a rule or violation of law has been committed or may be committed. Good luck.
[This is information only - not legal advice].

By: kendra

kendra — Tue, 16 Mar 2010 20:25:38 +0000

im live in sc and i got my phone taken its the 2nd time but the first time was last semester and the way our school doses it is the take your phone and they give u 3 offences the first one thay give it back the next day and the 2nd time they keep it for 30 days and the 3rd time they keep it for the year and i think but am not sure but i thought thAT THE OFFENCES START FRESH EACH Sumester but i dont know what to do is their any way my parents could go up to the school and get my phone back before 30 days ……………..please help
Dear Kendra: The best thing to do is to look at your student handbook. The school’s policy regarding cell phones on campus should be stated clearly so all students know what to expect. Tell your parents what happened and they may be able to meet with the principal and resolve this. Good luck.
[This is information only - not legal advice].

By: Kayla

Kayla — Mon, 15 Mar 2010 03:29:07 +0000

My phone was taken by the vice principal for texting in class but i was not caught does that mean they can keep it even if my dad went up there and tried to get it back ???
Dear Kayla: You’ll have to look at your school’s student handbook for the rules regarding cell phones. Most schools have a policy about cell phones at school and in class. They may be able to confiscate your phone if used in class and the rules vary on how long they can keep it and who must pick it up, you or a parent. Good luck.
[This is information only - not legal advice].