Is it illegal for the vice principal of my school to look through our phones when she confiscates them?
January 22nd, 2009 Posted by: admin
The school allows cell phones but they must be turned off and kept out of sight, but when we get them taken away for being out, the vice principal of the school looks through them at our pictures and our messages. Everyone has been talking about it at school and saying that it is illegal and an invasion of privacy. So is it illegal?
By: pasokonotaku92
By: pasokonotaku92
Tags: Cell Phones, Invasion Of Privacy, Vice Principal
January 25th, 2009 at 06:46
How do you know that s/he is?
If you have proof you could probably get the police involved or at least the pincipal.
Talk to your parents about for sure though.
January 26th, 2009 at 17:52
I’m pretty sure it depends on what type of school you go to. If its public school, than I don’t think they are allowed to due to your rights under the Constitution, but if you go to private school, than you have no rights, they can do whatever they want.
January 28th, 2009 at 07:50
He has no business looking through your stuff. He has the right to take the phones. If I were you, I would take the battery out before I handed it to him.
January 29th, 2009 at 09:35
Yes it is an invasion of privacy
February 1st, 2009 at 03:17
Definitely sounds like an invasion of privacy. I’d look into a lawyer to sue the school for this.
If this happens often, why don’t you lock the phone so she can’t access any of the pictures/numbers?
February 4th, 2009 at 04:43
That would seem to me to be un-ethical at the very least, if not outright illegal. Some people just be power-trippin’, ya know?
February 6th, 2009 at 05:42
no, there is a waiver u sign on the 2nd day of school, they do it at my school also, but they only take it not look at it, they can look if they want for cheating etc…
February 6th, 2009 at 11:13
Schools are given strong deference to both maintain a learning environment free from distractions and protect the student body.
The rule that cell phones be kept out of sight is clearly legal, and confiscating them (to prevent distractions at school) is also legal. Looking through the confiscated phones (or lockers, backpacks, etc.) for evidence of illegal or harmful behavior in order to protect its students has been upheld as legal searches. Believe it or not, students don’t have the same constitutional rights while in school.
February 9th, 2009 at 12:59
This is what they taught when I was in law school. A summary of the caselaw regarding students’ rights is that you check your civil rights at the school house door. This is because the school is acting “in loco parentes” meaning in the place of the parents.
February 11th, 2009 at 19:57
Your principal asked for your phone right??? She said….Mr..???? “Give me your phone”…..and you did???? Giving her your phone is some kind of submission……you have been warned of not using your cellphones, and that such action would render appropriate punishment—you violated your “verbal agreement” with the principal when you used it during class hours. Confiscation grants the vice principal “total access” to the cellphone!!! Privacy breech however may still be questioned, did she invade privacy for malicious purposes??? did she invade privacy because such matter was “class disturbance” related??? was the phone being used in examination fraud??? Circumstantial matters will be strongly considered should you intend to invoke your right to privacy!!! Moreover other legal imperatives may apply…..defamation….slander…..malicious mischief……child abuse……better get a “big shot” lawyer if you **** your principal a lot!!!!!
February 12th, 2009 at 16:22
Yes it is very illegal to go through your cell phone once she confiscates it. First you need proof that she is actually going through them, and if she had any sense she would deny it. Im thinking that the only way she would be able to go through your cell phone is if she thought you were going to do harm to you or someone else. It’s kinda a no win situation because she can come up with a ton of reasons why she’s looking. If i were you i would let your parents no and to avoid the drama with it all together leave your phone off and that way if she is going through phones it wont be your’s.
Kid’s nowadays need to respect the school policy and just follow the rules it makes things alot easier in the long run. She could one day tell you that since no one is following the rules about cell phones being turned off. Then your not allowed to bring them all together and if she does that and you still bring them to school she has the right to keep them till the end of the school year so id just be careful if i was you.