Is this legal?

68falcon

Senior member
May 8, 2005
274
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so, at my highchool cell phones are not allowed on campus for anyreason, your supposed to leave them in your car(i guess your screwed if you dont drive, and have to stay). so anyway, if your caught before like 4:30, you get it taken away. also when they do drug searches with the dogs, if the dogs detect anything they can search your stuff and take your cell phone, regardless of if you didnt have drugs. when they get your phone, they go through your phone looking at text messages and pictures, is this legal, im not to sure about the rights you have at school.
 

Injury

Lifer
Jul 19, 2004
13,066
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Unless you are 18... you have no rights. At least not in America.

As far as reading text messages if drugs are found... I'm sure that's the least of your concerns... and if them checking your text messages is going to get you in trouble, then it just proves WHY they check them... basically, it can't be illegal search and seizure because it's more along the ideas of probable cause.

If you're on school property, then you have to play by their rules.

Don't like it? Get a parent to help you drop out.
 

68falcon

Senior member
May 8, 2005
274
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yeah i know that, but even if you dont have it on, say like you dont drive and you play a sport. is it legal for them to search your phone?
 

slag

Lifer
Dec 14, 2000
10,473
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its not legal.. hire an attorney

Or put a password lock on your phone and tell them to piss off.
 

fbrdphreak

Lifer
Apr 17, 2004
17,555
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Originally posted by: 68falcon
srry, meant didnt. but thanks, i was just wonderin
Do you know about the "Edit" button? And dear god, spelling and grammar man! I can't see how they will let you out of high school if you actually communicate like that!

If they go through your locker during a drug search and find nothing, I don't see how they can search through your cell phone also. Sure they can confiscate it, but searching through it when you did nothing wrong but have the cell phone is just wrong. Now whether or not its illegal I don't know, as mentioned you pretty much don't have rights on public school campus.
 

Injury

Lifer
Jul 19, 2004
13,066
2
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Originally posted by: slag
its not legal.. hire an attorney

Or put a password lock on your phone and tell them to piss off.

Under what law, specifically relating to minors?
 

Kelemvor

Lifer
May 23, 2002
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If they are not allowed and you bring it in. They can confiscate it permanently. Be glad they are just looking through it. Or better yet, leave it in your damn car or at home. School is for learning, not making phone calls and sending text messages.
 

BatmanNate

Lifer
Jul 12, 2000
12,444
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Get one of those tasers that's designed to look like a cell phone, and tell them to press the green button.

:evil:
 
Jun 19, 2004
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Hmmmm. Let's see, maybe if you follow the "no cell phones at school" rule then you won't have an issue. Just a thought.
 

mercanucaribe

Banned
Oct 20, 2004
9,763
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Won't anyone think of the children? They hand out condoms in school but won't let the kids have cell phones or pray!
 

Gunslinger08

Lifer
Nov 18, 2001
13,234
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Originally posted by: Injury
Originally posted by: slag
its not legal.. hire an attorney

Or put a password lock on your phone and tell them to piss off.

Under what law, specifically relating to minors?

Uh.. the 4th Amendment to the Constitution of the United States of America? The Rights guaranteed by these amendments do not only apply to persons over the age of 18.
 

40Hands

Diamond Member
Jun 29, 2004
5,042
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Although your not supposed to have it there, I would still tell them to piss off if they wanted to read your text messages.
 

Gunslinger08

Lifer
Nov 18, 2001
13,234
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Originally posted by: FrankyJunior
If they are not allowed and you bring it in. They can confiscate it permanently. Be glad they are just looking through it. Or better yet, leave it in your damn car or at home. School is for learning, not making phone calls and sending text messages.

No, they can't.
 

altonb1

Diamond Member
Feb 5, 2002
6,432
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I know pagers, phones etc used to be banned from schools, but I thought that after Columbine, school districts started allowing kids to have phones in case something like that were to happen again. Hmmm....

I can see facing disciplinary action if you are caught USING the phone during class, between classes, etc, but I don't see why it shouldn't be allowed to be in your possession on school grounds at all.

Start a petition in your community and try to lobby the school district where you live to make a change.
 

tfinch2

Lifer
Feb 3, 2004
22,114
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These cell phone situations are ridiculous. People think they are going to die if it's not with them at all times during the day.
 

Axoliien

Senior member
Mar 6, 2002
342
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I know you may think it is illegal, but yes they can confiscate your items. They cannot, however, hold them permanently or destroy them, but they don't have to give them back to you. They can require a parent to pick them up though.

Even if you are 18, you are still bound by the rules as defined for students in the rights and responsibilities of students in your school system. By being enrolled, you are agreeing to abide by the rights and responsibilities. Some schools define dress code, some define cell phone usage, etc. If they say your cell phone is not allowed on campus, and that any cell phone found on campus may be searched at will, then by bringing your phone on campus you have given them permission to search your phone. I have no idea if all of your rights and responsibilities as defined would be lawful though.

You really should be a bit more mature about it. If your business said that you could not bring cell phones in due to some issue, like on airplanes, and you did anyways, then you are breaking a rule and should be held responsible. If you feel, however, that having a cell phone on your high school campus somehow increases the ability to learn and in no way affects the attention of any other student, then you could always assert this to your council. I have a feeling it won't really go anywhere though.
 

Chryso

Diamond Member
Nov 23, 2004
4,039
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I can't think of any reason a school age kid would need to have a cell phone with them during school. If you don't drive and need the cell phone for some reason for after school I would bet that someone in the school office would be willing to hold the cell phone for you until after school is over.
 

Injury

Lifer
Jul 19, 2004
13,066
2
81
Originally posted by: joshsquall
Originally posted by: Injury
Originally posted by: slag
its not legal.. hire an attorney

Or put a password lock on your phone and tell them to piss off.

Under what law, specifically relating to minors?

Uh.. the 4th Amendment to the Constitution of the United States of America? The Rights guaranteed by these amendments do not only apply to persons over the age of 18.

But the fourth amendment does not grant you this right unrestricted.

Like I said, if it's their school, they can do it. It's no different than confiscating a note that was passed around in class.

edit: And for the record, while standards may have changed in the past 200 some years, the constitution was written because "All men are created equal"... and meant just that... all MEN... not women, not boys.
 

JackBurton

Lifer
Jul 18, 2000
15,993
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Originally posted by: mercanucaribe
Won't anyone think of the children? They hand out condoms in school but won't let the kids have cell phones or pray!
This is the most retarded freakin' comment. They don't set aside time in schools to hand out condoms. Kids can pick them up when they have time. Prayer is not banned from schools. You can pray all the live long day in school. They are just not setting aside a special little time for it. You also have a tax exempt place (known as a church) open all times of the day where you can congregate and pray all the live long day with your buddies. As far as cell phones, they are banned because they are a serious distraction and get in the way of teaching students. Kids are in school to learn, right?
 

mcvickj

Diamond Member
Dec 13, 2001
4,602
0
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Originally posted by: JackBurton
Originally posted by: mercanucaribe
Won't anyone think of the children? They hand out condoms in school but won't let the kids have cell phones or pray!
This is the most retarded freakin' comment. They don't set aside time in schools to hand out condoms. Kids can pick them up when they have time. Prayer is not banned from schools. You can pray all the live long day in school. They are just not setting aside a special little time for it. You also have a tax exempt place (known as a church) open all times of the day where you can congregate and pray all the live long day with your buddies. As far as cell phones, they are banned because they are a serious distraction and get in the way of teaching students. Kids are in school to learn, right?

*Taps JackBurton's sarcasm meter"

During my last year of HS the Administration put a rule in place that allowed cell phones on campus but they were to be silenced / turned off during class. One disruption and you would loose the cell phone.