Tuesday, October 12, 2010

Student Cell Phone Search

In this article, a student got her cell phone taken away for violating the cell phone policy at school. When the principle conviscated the cell phone, he searched it and found naked pictures of her. The search of the contents of her cell phone was unnessisery and a violation of her fourth amendment right. She got in trouble for using her cell phone, which gives no reason to search through her text messages, photos and videos. In New Jersey vs. T.L.O  the desending opionion states that "to search a student they have reason to believe that the search will uncover evidence that the student is violating the law or engaging in conduct that is serisoulydisruptive of school order, or the educational process" The principle should not have searched through her phone, because there was no reason to beleieve that she has anything inapproriate.  the article states, "akin to browsing through someone’s address and appointment book, opening and reading letters sent by U.S. mail, and rummaging through a family photo album or viewing home videos.” By searching her phone, the adminstration is completely violating her rights.

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