Does anyone know if this was legal at all?

I was wondering if a school has the right to search through the content of a student's cellphone and if they have the right to use any information they found on the cellphone without parental consent of the search or use of information. A school confiscated a student's cellphone and then sent a picture and text from that student's phone that has information about the student's marijuana use in it. The student did not give them consent to search and also held the battery from his phone at time of confiscation and the school was well aware he did not want them to search the phone. At no time during the entire incident were the student's parents contacted in anyway. And also at the time of confiscation the student was touched in an aggresive way by a school staff member who tried to physicaly rip the cellphone from the student's grip. The student was also notified that if he withheld the battery he would be suspended for three days, he accepted but the teacher still tried to rip the phone away from him. When he did withhold the battery the school then found a battery that would fit the phone and used that battery to search the phone's content. While the phone was in their possesion they sent incriminating evidence from the student's phone to a staff member's email address. Did the school have any right to search the phone? Was the entire procedjure illegal? Can any information the school retreived be used agaisnt the student in anyway?

 

that has to be illegal. its definitely unconstitutional. the student needs to talk to a good lawyer quickly.

 

Lets assume the student is under 18. They need a lawer. But, their parents don't need these actions to be constitutional before punishing the student.

The transmition to a staff members e-mail is interesting.
1) By transitting it from the cell phone, they are taking (using) the students property (his contract with the cell phone company) without a warrent.
2) Does this break the chain of custody that evidence needs.

Also, these actions may result in school discipline, even though the images can't be used in a criminal trial.

Finaly, why did this dummy perpetuate evidence against himself? Why did he take pictures of himself smoking and then walk around with them? Bragging about your own weed use leads to bad situations. (OK, if it wasn't bragging, what word would you use?)

Finaly, SHUT YOUR MOUTH!! The words "I didn't give you permission to see that picture of me smoking pot." comming out of your mouth can be used as evidence that you smoked pot, even if the picture can not. SHUT UP! That's what lawyers are for, they talk gooder than non-lawers.

 

they cant get him in trouble for shit that happened in the past anyways. other than that, i dont think its legal. and i think they should repay him for the cost of text messages too. those coniving bastards

 

thats completely illgeal. the school has no right to search the phone and the student that this happened to should first get a lawyer and then take the school to court.

 

Invasion of privacy. They didn't get permission from a judge to search anything. None of them were police officers. Completely illegal, and I think you have a case against the school board for harassment.

 

definatly not legal at all, tell this kid he has to take action, im tired of school staff thinking they can do anything, like they have all mighty authority or something,
Definatly take these guys to court for God's sake!

 

Tell the kid to take the school retards to court.
Then proceed to legally kick their asses with a lawyer.
Those full-of-shit authoritarian assholes should not be working at any school for quite a long time.
Please excuse the anger, i recently (within the last couple weeks) got caught and now have a deep resentment towards anyone who has anything to say against smoking weed. I cant seem to cure this hatred, hopefully its just a phase.

 

There are a few questions:

Where was the phone when it was seized? If it was in their locker, the seizure may be legal, if was on their person and was seized w/o consent, illegal, and could be considered battery if taken by force.

A cell phone is technically, and legally, a radio device, therefore not covered under 'reasonable expectation of privacy'. Any information on the phone that was placed there over public radio waves is wide open for search, however photos etc, taken on the phone by its owner may be private.

Get an attorney. This whole scenario is a legal wet dream. Call ACLU.

 

I contact
ACLU
NORML
MEDIA
Make a big stink get on AM radio
AM TV shows
dont stand for it.

Men did not fight wars for this.

 

I know what you mean like the air head that say its way worse to do weed due to no filter which is right its 4 times the tar for avg 2 gram joint but after that thats it. Cigs kill fools I say.