Is it legal for the disiplinary guy at a high school to look through cells phones when they get taken away?

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If the parents are paying for the phone, which they probably are, the phone belongs to them. Yes, the school has the right to take the phone away if it is a violation of school policy, but to look through it is an invasion of the owner's privacy, i.e. the parents.

The best thing to do is tell the parents. You might not like that you'll get into trouble for using it, but I'm sure some parents won't like that someone is going through their child's cell phone for personal information. A cell phone can be used to access cell phone account information, as well as the child's personal information. Something is seriously wrong with this guy. CRIMINALLY wrong. Tell the parents!

EDIT
You've been receiving a lot of unsympathetic answers because you - or the person you are talking about - is breaking the rules by talking on the phone in school. Sorry that some people can't get over their need to bash teenagers, even if it means missing the big picture.

The guy has no right going through your cell phone. Period.

Again, your parents' - or you if you are the one paying the bill every month - billing information is quickly accessed through your cell phone (depending upon your carrier and settings). Most kids set up their calendar in their phone, the phone numbers to family members as well as other friends, non-school related activities they may participate in, and so forth. This is information someone with ulterior motives can use for criminal purposes.

There is no valid reason for a person to look through your cell phone without your or your parents' permission. Adults in school environments and other kid groups take advantage every day of the respect for authority the kids are taught to have. Yes, you should respect your teachers and the rules. But he has no right to look through anyone's cell phone. Period!

I urge you to tell your parents what is going on. If I had a child in this situation - and I would never give my kid a cell phone - I would seriously rip the guy a new one and demand a meeting with the principle to discover just what he's up to. Then, if the principle takes his side, I would talk to a lawyer.

i think it is...at my old high school, they had rules about that, and let us know that if anything was confiscated, that they had the right to keep it or give it back, if ur h.s. has strict rules about cell phones, u should follow them, or have ur parents bring them up at school meetings

pjbthree

Students have limited rights. For example, searching of lockers and censorship of student newspapers are permit-ted. If you were forbidden to be talking on the phone then you probably have a lower expectation of privacy with respect to that phone when it is confiscated. I think it is okay if all he was doing was checking the phone to prove the student was lying

MikeGolf

I have a suggestion for you - obey the rules about cell phones and you will not have this problem.

And if the guy did not lie to his teacher - he would not have had that problem, right?

BTW - it is no more illegal for the school to go through your cell phone than it would be for your parents.

jasonjas

You're a student in their school. Also, you a kid who probably shouldn't be having a cell phone.

Obviously, kids today all have cell phones because you need one in order to stay in touch with everybody. Let me tell you something here. When I had my first cell phone (which I still have some place) it weighed about 5 pounds and put a hole in one of my pants pockets.

so my answer to you is yes, they have all the right to do so.

roadster9879

It's high school. You are breaking the rules, deal with it.

So the teacher looked through the call logs and found out somebody lied.

If you don't like it, then don't break the rules. It's that simple.

pgnprincess1212

You shouldn't be playing with them during school hours anyway. Follow the rules and you will not have your privacy invaded.

douglas l

If phones are expicitly banned, then yes. If there is no such policy and a school official searches it, that requires a warrant.

Artie B

I would seriously question the legality of that

KaTTy

yes it is perfectly legal. Unfortunately.
Dont worry though, its for good reasons that they do it. They dont want students cheating or planning something such as a fight after hours or something else like that. Many kids have done that with thier cell phones before.
But they shouldnt be scatching it! Thats unfair. If its in bad enough condition, tho, i think you can sue them.

KirriKirriKoo

The disciplinary guy isn't allowed to do that, but the teacher is, probably.

Ithaca1937

In most places being on school grounds give them consent to search you, your car, a book bag or back pack. So it might be within their rights to search a cell phone, but it would be best to contact a lawyer to get a better idea of the legality of searching a cell phone.

human_945

no it invade PRIVACY

Heisenberg

I dont believe they can legally take a cell phone. Regardless, looking through it has go to be illegal.

At some point, parents must still be responsible for something. If I was a parent and for some reason was foolish enough to give my child a cellphone, heads would roll if I found out that a school employee looked through that childs phone. I would bring up charges like you wouldnt believe.

kay kay

I'd call the school board in ur area and ask them and if it is not right...they will ask for information and speak to him/suspend him/or even fire him as they are the ones whom hire the teachers.

7DS

Unless it is in your school's code of conduct, no.

Free Thinker

If you go to a private school, they can basically do whatever they want. If you go to a public school, I'm not really sure about this situation, but I would think that's an invasion of privacy and may be against the law. Of course if they can reasonably think that you're doing something illegal, like using it as a detonator or something, then they would definitely be able to look through it

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