Houston School Sued for Searching Kid's Cell Phone

Originally posted by Wildbob77
If a school searched my kids phone, illegally, I would be upset with the school.

If they found inappropriate pictures on the phone, my kid would loose phone privileges for a long long time.

In either case, I would not sue, unless the school district wanted to punish my child for an illegal search. I took care of punishing my kids.

The problem here Bob, is that you wouldn't get the opportunity to punish your kid. These days the school calls the cops once they find the "Sexting" on the phone, and your kid gets to eat a child porn rap and become a registered sex offender.

Now, the rule on illegal searches, (if you had rights) would be that no evidence obtained illegally can be used against you in court. However, if the school suddenly had the right to suspend your rights based on their policy, then your kid gets the shaft. Not to mention the whole string of other situations that this logic could be applied.

In the case where txt messages were broadcast advertising the availability of drugs, a blanket search of all cell phones for this message would also be an illegal search. If this is accepted as the norm, then all houses should also be able to be searched as we know drugs are in the community. Again, this sets a very dangerous precedent where your rights are suspended for the perception of the greater good.

In this case, suing the school would be only one of a series of legal actions that this school should endure.

..Ex

It isn't within the school's jurisdiction to search the phone or iPod of any student. They don't really have jurisdiction over the backpacks, cars, or clothing of students on campus, unless they have reasonable doubt provided by a metal detector showing possible danger to the people in the building, or see something left in plain sight.

That said, this is because only school property may be searched without reason. Lockers, ok...etc.. It cannot be a fishing expedition with personal property, only school property. As for searching without cause, like this teacher did, they don't have the right to go through any digital device or even your backpack and clothing/pockets, car, without a warrant or just cause by seeing something in plain sight. Otherwise they have to leave it alone or be sued.

[edit on 9-12-2009 by joesomebody]