Can my school legally search my phone?
I appreciate people trying to answer the question, but with respect, so many wrong answers.As with all things in the law, it really depends. There are times when a school may legally search your phone and times when it may not. If you attend a private school, that school has more of an ability to search your phone than does a public school. And even if a public school can search your phone, it may be limited as to what it can search and what it can do with anything it finds.The 4th amendment applies in public schools, but the school authorities do not need the same level of justification as the police would. By this I mean that school authorities don’t require “probable cause” while police do.In a public school, the question relates to whether the scope of the search is based on a reasonable relation to the “objectives of the search” and that the search is not excessively intrusive as relates to the student and the “nature of the infraction.” The case is New Jersey v. T.L.O and it is from 1975. Obviously, it doesn’t have to do with cell phones, but the concepts remain the same. Actually, it had to do with a purse.Various state and federal courts have used the T.L.O opinion on cell phone cases. For example, reading cell phone text messages after confiscating a phone was unacceptable when the school really was going on a fishing expedition and had no reasonable reason to actually look at the phone. So said the federal court of the 6th circuit in G.C. v. Owensboro et. al back in 2013.Here in PA, we had Klump v. Nazareth. The school actually called other students from the student’s phone in an effort to catch other folks with their cell phones in school.But remember. In a private school, all bets are off. You do not have the same rights there.
Can a school legally search a student’s bag and pockets?
My school disciplinary unit(assisted by prefects) would launch an occasional spot check that'll include all students(500++) .they'll search for illegal items (as been highlighted by school)like weapons ,makeups (I mean lipstick,mascara etc.) or poster of celeb.There was a case where a student's money was missing.she report it to the unit and there you go, everyone's pocket and bags was searched for.eventually they found the pickpocket.YAY,HAPPY ENDING.So,in my opinion, YES.only if there's a case of missing stuff or illegal items carrying to school.
When would a teacher at school search your bag?
I don’t think a teacher would ever do that. The only times I’ve heard of a student’s possessions being searched it was done by administration and a school resource officer, for safety reasons. There would be legal repercussions if a classroom teacher just decided to do that on his or her own.
Is it legal to carry a teaser in your bag at school?
So my freind witch is a girl had teaser in her bag witch she is 19 or 18 and didnt pull it out of her bag and got kicked out of school for it but she can graduate is it legal or what
Was this a legal search and seizure?
Ive had been bringing a pocket knife to school for about 2 years and no one has said anything. i never planed on hurting anyone. its just nice to have around. Its very useful. i use it to shave reeds (clarinet, sax) and ive never gotten in trouble in school before. when i was getting a bag of chips at the vending machine one of the security officers asked me what was in my pocket and i told him it was nothing. and he made a big deal about it. and i said its a pen (it really does look like one of those fat pens) and he was like let me see it. and i stated that he had no reasonable cause to ask for it and get it...and long story short i got suspended. like i said, im a good kid when it comes to this sort of thing. was this a legal search and seizure? i live in the state of Maryland
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.
Can schools legally search a cars locked glove box?
About a week ago, I was pulled into my schools administrative office on the account that I was distributing 'acid' at the school. However, I was not. They searched my bag and locker and found nothing. Then they went to search my car (there was also no 'acid' in there either - I was being accused of supplying it and there was never any found on me or in any of my belongings). My car was parked in the school parking lot. However, in my car LOCKED in my glove box, I kept my marijuana (yes I know this is stupid... but nevertheless it was there). I knew that they were allowed to search my car but I was under the impression that a LOCKED glove box would be protected from search and seizure. So they go into my car, unlock my glove box, find my marijuana, and I end up getting arrested for a misdemeanor possession of less than 1oz of marijuana. I am not extremely concerned about the charge and all the ensues, but I am concerned about having the charge on my record. More information: -I am 18 years old and a senior in high school. -I never gave them EXPRESSED permission to search my car. I do not think they need it though. -The box was locked and they used my ignition key to open it. -There were no other drugs/illegal items in the car. -The administrators gave the marijuana to the SRO (school resource officer) who in turn filed the warrant for my arrest. tl;dr: Was this a legal search and seizure? Can I argue in court in order to prevent this charge from staying on my record? Any information would be helpful. Note: I am only looking for feedback. I know that I should not have had the marijuana and I know it is illegal. But posting saying what I did wrong is immature and completely useless. I am looking for help, not a lesson.
How do I legally stop the teachers from searching my bag? Our school does not allow phones, so teachers occasionally say that there will be bag searches. I live in the UK!
I am not a lawyer and do not live in the UK so my response my not be entirely accurate, however:I do believe that the school likely will have permission to search your bag.If your are under the age of majority, the school board is essentially responsible for looking after you - thus they can effectively do this is need be. It’s like your room at home. You have the right to privacy but as a minor, your parents will likely have the legal right to grant the police permission to look in your room.If the school has any reason to suspect the safety or health of the teachers, administration, or students (including you) by something in your bag, this will likely be a reason to inspect your bag.If you feel that there any issues with your bag being searched without reason (i.e. they are just looking through your bag ‘because they can’) then I strongly suggest you talk to your parents. They should go into the school and insist the school stop this. They, and you, could also contact a lawyer if you feel this is harassment.
Can my school principal search your bag if your off school property?
Hmmmmm? That question has several layers to it, some of which may be pretty tricky and would require legal counsel. Here is my take on it… look at your student handbook. There is going to be a lot more information there as to what your school board has approved. In the districts where I have worked searches could include any and all school owned properties including vehicles, lockers, empty lots or unused real estate, back packs, on the bus, or a reasonable search of persons. Usually all the admin needs is “probable suspicion.” That means that there could be a reason to believe that a student is in possession of or under the influence of drugs, alcohol, tobacco, etc. Now here is where it gets real tricky. You need to look and see your handbook where it talks about student drug testing and the consequences that come with it. That part of your handbook will tell you a lot as to who can be tested, when, and what happens next if the are in possession or under the influence. Finally, if all of this occurred off campus and you are not an athlete or involved in any clubs typically the consequences will include parent contact, and referring the student to counseling for drug rehab. You are more than likely under the watch care if the school even though you ditched class and were off campus. That means school admin can search and seize as if they were in campus….from what I understand.