4th Amendment Rights in schools.

[the21robot]

Hi, yesterday at school a teacher demanded to search my whole phone because I recorded my friend diving on grass during class. I showed her that I had deleted the video, but she said it could still be there. She tried to search it, but I locked it and she didn't know the code. I know she had the right to take it to the principles office, but I don't think they can search it without probable cause. The school policy on student privacy says nothing about cell phones, but it says the infingment has to be decently severe to warrent a search.(drugs. Etc).

[ImBleu]

Some people just have bad days.

[Cpt_spitfire]

CAn we get a USA chant going here?  

 

Sorry matey no clue n what to say , in norway and the rest of eu this wouldnt be a problem:/

[Oshino Shinobu]

As far as I know, schools have no legal right to search through your phone without permission. Even police should require a warrant I think. 

[Bouzoo]

 

I recorded my friend diving on grass during class.

 

Did you have outside class?

[blackadder]

You lose plenty of rights while at school. I do believe this is one of them. Now if they did it to be demeaning thats different. A purse may be the only thing they can't search but, a sro can, the cop at the school. This may differ from place to place. O, read your post if you may have evidence of a crime (property damage) they can search it. But, its deleted and you told them that so, you destroyed evidence. Depends of how big of dicks they are if you get in trouble.

[Dzzope]

She cannot search your phone at all.. Confiscate if your using during class or such.. yea sure.. but other than that.. hell no.

[Delusional Phil]

 

 

 

Did you have outside class?

 

I was confused by that sentence as well ... Is he smoking weed ? Is he stepping on grass ? 

[Guest MinimalEffort]

You dont even have to give the teacher your phone. You can literally walk out of the class and go home if thats what you want. The worst that can happen is you get detention or other school related trouble, but they can't pretend to be cops or anything. Just because you are supposed to do as the teacher says, you can make your own decisions, however they may have other consequences.

[KemoKa]

They have some leeway to confiscate your phone, but only until the end of the day and they certainly do not have the authority to search it.

This is why american high schools are so screwy. Teachers desperately trying to hoist themselves to appear to have more authority than they actually do. if you lock your phone, there's not a damn thing they can do about it.

[Raudi_]

AFAIK, once you go to into a school Amendments don't really apply to you anymore. If they suspect you of something they have every right to search you.

[Electronics Wizardy]

There was a supreme court case that was similar to this. New Jersey v. T.L.O. This court ruled that the only need reasonable suspicion to search it. Also assuming that your phone is encrypted and hard to get past they can't force you to give up you password as that you be giving evidence against you self. A school would probally never take this to court and you probably wouldn't want to either.

[Admire]

You dont even have to give the teacher your phone. You can literally walk out of the class and go home if thats what you want. The worst that can happen is you get detention or other school related trouble, but they can't pretend to be cops or anything. Just because you are supposed to do as the teacher says, you can make your own decisions, however they may have other consequences.

 

Depends on the country....there are places in the US where the cops will stop children if they are seen outside during school hours.

[Albatross]

Tell her to bugger off and say "yea, it is still on the phone but you ain't touching it you old broad".

 

I would never stand for that crap if I was in school. No one would screw with me. No one.

[Trik'Stari]

for the love of....

 

Seriously? You took a video of a friend, so they confiscate your phone? I'd like to know her justification for that.

 

Tell her to bugger off and say "yea, it is still on the phone but you ain't touching it you old broad".

 

I would never stand for that crap if I was in school. No one would screw with me. No one.

 

I was the same way.

 

 

God I hate schools.

[Guest MinimalEffort]

Depends on the country....there are places in the US where the cops will stop children if they are seen outside during school hours.

 

But will they do anything about it? If a 15 year old walks out of school, what are the cops going to do?

[the21robot]

for the love of....

 

Seriously? You took a video of a friend, so they confiscate your phone? I'd like to know her justification for that.

 

 

I was the same way.

 

 

God I hate schools.

I asked him to take a video of me.

[the21robot]

AFAIK, once you go to into a school Amendments don't really apply to you anymore. If they suspect you of something they have every right to search you.

Yea, but they didnt suspect me of anything. And if I lose all my rights, that means they can literally rape me, molest me, steal my stuff, 

[Guest]

I asked him to take a video of me.

You were on weed?

[Suika]

I remember hearing a story of a teacher who searched the backpack of every child because she assumed people had gum, and she did not retrieve permission. She was fired for it. Dunno if a phone is legally any different.

[rmac52]

AFAIK, once you go to into a school Amendments don't really apply to you anymore. If they suspect you of something they have every right to search you.

The Supreme court disagrees with you. The only time you lose rights in school is when it's disruptive or a safety issue. And even then they can only punish you with school related things.

[hhamama66]

You lose plenty of rights while at school. I do believe this is one of them. Now if they did it to be demeaning thats different. A purse may be the only thing they can't search but, a sro can, the cop at the school. This may differ from place to place. O, read your post if you may have evidence of a crime (property damage) they can search it. But, its deleted and you told them that so, you destroyed evidence. Depends of how big of dicks they are if you get in trouble.

There is a law suit relating the topic that went all the way to the Supreme Court. The ruling basically said that students do not give up their rights as american citizens as soon as they set foot on school campus

[Guest Philosophy]

Tell your teacher a retired cop says "She can't do that"