Administator violating student privacy?

Question

At my high school we have a pretty strict policy about cell phones. If teachers see you texting during class they will take your phone from you, turn it off and give it to the vice principal, who will return it to you the next day. Recently, one of my friends was caught texting and decided to remove his CIM card from his phone before giving it to the teacher so that he could put it in another cell at home. The next day the vice principal approached him and got angry with him for removing the CIM card. This indicates that the vice principal turned on his cell phone, probably with the intention of reading his text messages. I have no doubt that this is a common practice of the vice principal, though I would need further information to know for sure. Though cases have indicated that students give up some of their rights upon entering school, it seems that the administration would need probable cause in order to search a students posessions. Is this a violation of privacy?

I would appreciate advice from a real lawyer or someone with intricate knowledge of school privacy laws. Also, if this IS constitutional, can you give an explanation of why?

Answer 1

You are confusing criminal proceedure with school board policies. No guarantee of privacy.

Answer 2

Well, in the school, school policy controls. Very few "rights" that you think of as yours survive after walking through the door. The school has a lot of rights when it comes to maintaining order and safety. If the rule is for confiscation, then your phone is confiscated. The school might even be able to make an argument, although tenuous, that in reading text messages it is only taking prudent action against a potential violent threat to the school. Remember, everything that happens there is on school grounds--there is no such thing as public property.

Yes, it is Constitutional under several theories. The schools sit in loco parentis to the students--in other words, they have the same power as parents at home. Two, the schools have quasi-police powers, just like the state, to enforce school rules. And three, juveniles have never had the full enumerated or penumbra of rights guaranteed under the Constitution to citizens, but very limited ones.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 3

Schools have the right to search lockers and involve law enforcement in same without any warrants or involvement of the student who uses the locker.

Extend that to the phone, and if you care about people not seeing your phone, then don't give them cause to have it in the first place.

Still, the situation you described does not mean the cell was turned on, only that the VP was smart enough to look for the card and noticed it was missing. Engineering 101 , which is why you should not be jumping to conclusions about what the VP does "commonly" or not :)

Expect a update to the policy soon regarding the CIM cards.

Answer 4

(high school) Student privacy extends solely to protecting your records from being released or discussed without the consent of your parents (ie Someone over 18). Everything you bring onto school grounds is subject to search: your person, emails sent from school computers are the "property" of the school, lockers can be searched as deemed necessary, etc. Probable cause does not exist at school.

The point of holding your cell phones overnight is punishment for breaking school policy - he has every right to check for the SIM card/turn it on. Your friend avoided the point of the punishment by withholding the SIM card.

Answer 5

um, yeah, when did any student have the RIGHT to privacy with a cell phone in school? for all they know, you're friend was trying to cheat on an exam which is grounds for expulsion in some academic programs. welcome to the real world. maybe if you're friend had been doing what they were supposed to be doing instead of texting in class, that person wouldn't be in this predicament.

Answer 6

by making use of going to college you sign away alot of your rights. they do no longer ought to provide you the comparable scientific care as what might settle for in a public place. case in point, many colleges can merely seek scholars backpacks and vehicles for no reason. occurred to a toddler at my extreme college who had his automobile searched and not making use of a warrant with the aid of fact he grow to be parked on the grounds. This makes me think of they probable have given themselves the excellent to mislead scholars like this. they are going to use something they are able to and no you're able to truly do something approximately it. it won't be entrapment the two with the aid of fact they do no longer look to be telling the scholars to do drugs, drink, and so on they're merely catching them after theyve executed it. additionally element word some thing comparable occurred a protracted time in the past while i grow to be in jr extreme while a team of youngsters made a myspace web site for the vital asserting issues approximately him liking little boys and so on. the youngsters who did all of it have been suspended. So extremely i think of your thoroughly screwed over in this occasion. there is not any longer plenty which would be executed to combat the colleges ever. they continuously win

Answer 7

sounds like it to me - report him to HIS boss. why should he care if the sim card or even the batteries were removed if the only purpose of taking away from you was so you wouldn't use it. Rat on the b@stard

Answer 8

They already have cause, he was caught violating the rule.

Answer 9

yea wow i was about to tell you to look at my question apparently you already have. anyways i think its total crap that you have to give up some of your rights to enter school because you are forced to go to school. seems a bit unconstitutional....

Answer 10

Sounds very fishy to me.