Is it ILLEGAL for a teacher to take your cell phone?
There is a teacher that takes your cell phone for the duration of class for no reason. The teacher places it in a bucket NOT NICELY stacking them on each other? My old iPhone got a nice big gray line on the screen because and scratches of the impact. Also, the teacher doesnt even handle them carefully if you dont have a case
My teacher went through my phone. is it illegal?
i got my phone taken away during school today by my teacher, i saw him going through it, and my friend said she called my phone and my teacher answered it without me knowing. which is an invasion of privacy. so is it illegal? and can i get him introuble?
Can a teacher legally go through your phone?
So I had my phone to do research in Science class. After when I went to English I had it in my pocket. My teacher decided to take us outside for DPA because she 'didn't feel like teaching a whole a lesson' so we went and sat on the field while she talked a little. Then we had free time outside. Me and my friends went to this tree that has really low branches (the bench tree) Me and my friend were climbing higher, so I took my phone out of my pocket and into her boot. It was falling out, so I gave it to my other friend who was lower. When my teacher came by she saw my friend putting the phone in her pocket, and snatched it put of her hand and walked away. Later she said that she was keeping the phone for 'as long as sheI sees fit'. She let me use it to call my mom, and it was unlocked. She took it out of my hand before I could lock it and started going through it. She email me from my email, to email her the passcode (to her email). She stated in it if I didn't, she would contact the principle and my parents and get them to open it so she could further go thorough it. Also out school policy states that if you are using your phone during class without permission, and distracting yourself and others a teacher can take it, but not if its off
Can a teacher legally take your phone?
Since minors are not yet full citizens — they don’t yet fulfill the full responsibility of a citizen, nor do they yet have the same rights — they are under the care and (hopefully) guidance of parental figures, who presumably fulfill all the responsibilities and rights of adults.It has been legally determined that, while a minor is a student, the teachers act in loco parentis, giving the teachers the ability to care and guide during the school day.(Sadly, it is also known that inconsistency is the human lot, and some adults are better at the whole “care and guidance” thing than others. Hang in there. Keep trying to focus on becoming the best informed, most resilient adult you can become.)
Can teachers legally search through your phone?
Tough question. There are a lot of factors involved: the phone probably doesn’t belong to the student (if the student is a minor, the contract is in the parent’s name and the parents can give consent to a search), the type of information (there are various layers of laws covering different aspects of the information on a phone—call logs and text messages, for instance, are protected by Federal law, and failure to observe proper law can run afoul of Federal wiretapping statutes, which have penalties up to twenty years in Federal prison and/or a $100,000 fine); and the expectation that schools can act “in loco parentis.”The differing legal jurisdictions are interesting. In Florida, for instance, Florida Statute 1006.09 specifically allows schools to search students’ property in some circumstances. However, and this is a big “however,” a state can not permit something that’s illegal on a Federal level, and anti-wiretapping statutes are Federal, not state. (The statute doesn’t mention cell phones, but Florida courts have ruled that cell phones count as “property.”)If a parent gives consent to the search, there’s likely nothing the student can do. On the other hand, an enterprising student whose phone is searched without consent might, if call or text message information is exposed during the search, be able to file a Federal anti-wiretapping complaint, and the teachers and/or school administrators might find themselves looking down the barrel of two decades in a Federal penitentiary. It would be fascinating to see what wold happen if a school did this, dug through a student’s text messages, and then the student and/or the student’s parents decided to make a test case out of it.The ACLU has sued school districts for searching cell phones, and schools have settled.ACLU Settles Student-Cell-Phone-Search Lawsuit With Northeast Pennsylvania School DistrictFederal courts have ruled against schools that have searched students’ phones.Judge Rejects Administrators' Search of Student's CellphoneMany lawsuits have been filed all over the US against schools that have searched students’ phones.If I were a schoolteacher, I sure as hell wouldn’t do it. A shitty, underpaid public job isn’t worth risking a Federal felony conviction. But that’s me.
How do I legally keep my teachers from taking my phone?
Shhh… I shouldn't do this as it may well get me stripped of my teacher’s license and be completely ostracised by the teaching fraternity.I will let you in on a very deep secret that only teachers know that will prevent your teachers from ever taking your phone again.Every phone has a secret button that makes the phone completely invisible to teachers - this is why we don't want anyone to know about it. We absolutely hate this button.By now I'm sure you're desperately wanting to know what button you need to press on your phone so it becomes invisible to teachers.It's this one:........On an iPhone it's:I guarantee that if you press that button at the start of the school day, your teacher will never notice your phone ever again.
Is it even LEGAL for a teacher to go through your phone if they confiscate it at school?
Actually, Needhelp is right. Children mistakenly think they have the same rights in school as an adult in the general population. (Obviously, this is being tested in the courts all the time.) They don't. You'll have a hard time proving the illegality of the teacher's actions. Administrators routinely check through confiscated phones. Maybe this is a good time and situation to learn that electronic communication is not as private as you would like to believe. And you can throw email and Facebook/Myspace in that category as well, especially after I've been asked if it's LEGAL for a teacher to read/look at a student's Myspace page. ("Is it legal?"?! Ya gotta be kidding! You're putting it out there for 45 million people to see!) Take a look at this from your school's perspective, and you'll see the law is more on their side than yours: they are legally required to protect all students, and if they suspect something fishy is going on ("evidence of wrongdoing"), they are obligated, by law, to follow up on it. Now, you might think your text to a friend doesn't merit that level of hysteria, but unfortunately in this era, school admins have no way of knowing unless they look. (Consider yourself lucky one of my colleagues isn't your teacher. He deletes all the contacts when he confiscates kids' phones. "Whoops! Thought I was shutting it off! Sorry!") So...if you don't want adults to see your private communication with others, don't put it out there. Or if you do, delete it (and even that's not guaranteed, since e-communication can be resurrected).
Is it illegal for a teacher to break your phone?
Yes, a teacher can take your phone away, assuming the school has a policy prohibiting cell phone use in school or class. No, they can't read your texts without permission from you or authority from school officials. And they absolutely cannot break the phone since it is not theirs in any way. Next time, avoid the problem: don't use your phone in class. Try to learn something.
Is it illegal for a teacher to look through a students phone?
You should definitely report him, at least about the swearing. He should not be swearing in class and the school should not tolerate that. As for the phone, yes, he invaded your privacy. He had absolutely no reason to suspect anything of you if it was in your pocket the whole time. I'm guessing you're in junior high, right? I have a feeling if you report the phone incident, that the school simply will not care or will rationalize the teacher's actions. I'm not saying this to be mean or negative, but it seems like junior high staff tends to brush off things like that because they don't want to deal with it. Report it anyway though. What he did was wrong and made you feel uncomfortable, so hopefully the principal will give him a warning.
In Canada, are teachers legally allowed to take your phone away during class?
a2a. I don’t imagine there is a difference between Canada and the USA on this issue. Assuming that your school has a policy against having cell phones in class, or having one out, or having one on, or using one, then your teacher most certainly has the right to take it away.Physically? Likely not, your teacher can’t pry it out of your grasping fist. What the teacher can do is demand that you hand it over and if you refuse take whatever disciplinary steps that are available, including sending you to the dean’s office where you may be suspended, assigned after school work or whatever else your school does with students who choose to not follow the rules.