Yesterday my friend was taking a test and i was texting him answers. The teacher caught him with his phone out so he turned it off really quickly but was forced to give it to her. The teacher took it down to the office where she and the principal turned it on and searched through his phone. They found the text messages and so i got caught too. I know what i did was wrong, but could i attempt to fight this because they turned on and searched his cell phone with out permission or a warrant? Or can they search it because he is not allowed to have a cell phone with him during the school day? This may be different for each school but it seems like the school would not be able to search it without permission or a warrant.
2007-11-13 11:32:44 · 5 answers · asked by A H 2 in Politics & Government ➔ Law & Ethics
It's invasion of privacy. He could sue them and should. Probable cause only applied to police, not school staff and the cops have to have a really good reason to believe you are doing something that poses an imminent danger to someone for this to apply. In other cases they have to get a warrant.
2007-11-13 11:45:02 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The first and second people are lying (probably teachers), they are not legally allowed to search anything of yours without permission, (unless it involves weapons or drugs) but i wouldn't recommend doing anything under suing them (like that is going to happen) because they will probably get angrier at you. The fatal flaw in the school system, teachers are given to much power.
2007-11-13 19:42:45 · answer #2 · answered by anything_cool_is_cool 2 · 0⤊ 0⤋
They have the right to search as long as it consider appropriate for the situation they were caught in. Schools do have the right to search to certain point though, but it may contradict with school rules and regulations. You may have to check by board of educations in your county. It might just vary.
2007-11-13 19:49:28 · answer #3 · answered by csrangee 2 · 0⤊ 0⤋
They can indeed search the phone. They do NOT need a warrant in such a case. They had Probable Cause - and that is all they need in ANY state.
2007-11-13 19:35:58 · answer #4 · answered by cyanne2ak 7 · 1⤊ 1⤋
Probable cause my friend. No warrant needed. Don't cheat next time, and you'll both be fine.
2007-11-13 19:38:05 · answer #5 · answered by alaisin13 3 · 0⤊ 0⤋