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just because its "policy" doesnt mean its legal

True, but what law is being broken? There are countless facilities where phones and cameras are prohibited and subject to confiscation. Are all those facilities in violation of the law? If a towing company hauls away your car after you parked it in violation of a private lot's policy, is that theft? Also, keep in mind that in none of the cases are they retaining permanent possession. You get it back in the end.
 
The students know the policy and the penalty for violating it. If they don't like the consequences, obey the rules.

times change and cell phones are much more integrated in life than they were when i was in hs

what if a family relies on contact for you to pick up siblings or those working, rtc

the school does not have the right to take away a tool that is important to families

True, but what law is being broken? There are countless facilities where phones and cameras are prohibited and subject to confiscation. Are all those facilities in violation of the law? If a towing company hauls away your car after you parked it in violation of a private lot's policy, is that theft? Also, keep in mind that in none of the cases are they retaining permanent possession. You get it back in the end.

yea thats fine if the schools take it for the day, but to keep it for the rest of the year? thats unacceptable
 
Dukebound, I don't know how long you have been out of school but since columbine, schools have started a ZERO tollerance policy. If you break the rules, you pay the price. Most schools, make you sign an actual contract, which makes taking a phone legal. No contract signed then yes you could fight it but whats the point. Shoot my school could even brake into your car and search it if it was on school property, why? because it was in the contract.
 
times change and cell phones are much more integrated in life than they were when i was in hs

what if a family relies on contact for you to pick up siblings or those working, rtc

the school does not have the right to take away a tool that is important to families

Families don't need to call during class hours. The student can turn his phone back on after class to get his messages. If it's that urgent, parents can do what they did back when I was in school: Call the office. Even back then, they had this cool technology that allowed the office to contact the classroom electronically and instantly. I think it was called "an intercom" or something like that. ;)

In any case, either you agree to the terms and conditions and suffer the consequences of breaking them, or you obey them. I suppose the third option is to not agree up-front, but you may not be allowed to attend classes, then.
 
It's no more theft than when coolers are confiscated when you try an enter a concert with them.

Its not theft unless the intention of the taker is to permanently deprive the owner - which clearly isn't the case. Now the question really - is the school a public and does its confiscation constitute a taking under the 5th or 14th amendment, for which just compensation is due. Doubtful, this is more likely akin to a civil forfeiture of property (like is done in drug cases) - a probably proper.

The real issue is whether the phone confiscated because of content (which seems the case as they were fine with you holding the phone to show them things) If this is indeed the case, there is a clear first amendment violation (unless the cause of the confiscation was merely receipt of a text message regardless of content). I digress - no more free legal advice.
 
Dukebound, I don't know how long you have been out of school but since columbine, schools have started a ZERO tollerance policy. If you break the rules, you pay the price. Most schools, make you sign an actual contract, which makes taking a phone legal. No contract signed then yes you could fight it but whats the point. Shoot my school could even brake into your car and search it if it was on school property, why? because it was in the contract.

i was in hs during columbine so fairly recent

a school just cant search your car unless they have grounds for doing so aka no random searches. at least thats how it was with my hs

i will say when i have a child and their phone gets taken a way by the school, they better return it as i would have bought the phone to convience my life outside of school when dealing with my child. so while it may be "policy" i would fight it until they returned it

with that said, it is important to remember that not all contracts are legal either.

Families don't need to call during class hours. The student can turn his phone back on after class to get his messages. If it's that urgent, parents can do what they did back when I was in school: Call the office. Even back then, they had this cool technology that allowed the office to contact the classroom electronically and instantly. I think it was called "an intercom" or something like that. ;)

In any case, either you agree to the terms and conditions and suffer the consequences of breaking them, or you obey them. I suppose the third option is to not agree up-front, but you may not be allowed to attend classes, then.

my issue is not with the school taking the phone for the day, but rather holding onto the phone for the rest of the year....depriving use of it outside of school hrs when its needed exclusivly
 
At my school, if you are caught with your phone all they do is take it away for the rest of the day.

But something similar has happened to me before kinda like this. I won't go into details, but I have sent some "inappropriate" texts before to the wrong people.....EMBARASSING, lol.
 
Its not theft unless the intention of the taker is to permanently deprive the owner -

So you're saying that if I go out and steal a car from someone, right in front of a cop, and tell the cop "Hey, It's not theft, I wasn't intending to permantly keep it, I would've returned it tomorrow, right here". Is that illegal? or is that legal?
 
my issue is not with the school taking the phone for the day, but rather holding onto the phone for the rest of the year....depriving use of it outside of school hrs when its needed exclusivly

It seems a valid fight to take up with your child's school, should you ever find yourself in that situation. I agree that the confiscation should only apply as it affects the school and not extend to activities that are clearly not school-related. The time to fight this, of course, is before signing an agreement calling for an extended confiscation.
 
i was in hs during columbine so fairly recent

a school just cant search your car unless they have grounds for doing so aka no random searches. at least thats how it was with my hs

i will say when i have a child and their phone gets taken a way by the school, they better return it as i would have bought the phone to convience my life outside of school when dealing with my child. so while it may be "policy" i would fight it until they returned it

with that said, it is important to remember that not all contracts are legal either.

I too would demand the phone back, but it is still un necessary to call your child during class unless it is an emergency. This year our schools changed the policy to where you can have em, they can be on, just not used during class. I think this will be a non issue in the next few years as almost everyone has a cell phone. This thread is BS anyways, if you are showing the teach your phone and shes cool with it, a stupid message cant get you in trouble. The OP probably doesn't have an iPhone anyways if you have seen the other posts by him.
 
I was showing off my new iPhone 3g to my teacher and VP, and all of a sudden, my best friend sends me a profane sexual text message, and they both see the it and suspend me for a day. There should be a feature to turn OFF sms preview while using the phone.

The school I went to it would probably have been from one of the teachers showing pics of some of the other teachers getting it on in the teachers lounge. Probably having a student all strapped up in some kind of S&M torture rack wrapped in plastic, there would be a large jar of mayo sitting on the floor with an industrial spatula resting on the lid... ... Time for my meds!

Fox
 
people always fall for this childs threads

This kid makes random threads like this all the time and gets people to go off on an endless rant of random stuff, and he usually only makes the initial post. think that it is kinda funny.
 
ii will say when i have a child and their phone gets taken a way by the school, they better return it as i would have bought the phone to convience my life outside of school when dealing with my child. so while it may be "policy" i would fight it until they returned it

Ah, the infamous "when I have a child" promise. We all went through that phase.

Later, when you actually have a child and are trying to teach them how to be honorable and stay out of trouble (assuming you want to give them those skills)... everything you told yourself when you were young and immature will disappear from your head.

More likely, you'll take the phone away from the kid yourself, for not obeying either the school or your own orders.

:D
 
This kid makes random threads like this all the time and gets people to go off on an endless rant of random stuff, and he usually only makes the initial post. think that it is kinda funny.

He's got an outstanding history here.
 

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Ah, the infamous "when I have a child" promise. We all went through that phase.

Later, when you actually have a child and are trying to teach them how to be honorable and stay out of trouble (assuming you want to give them those skills)... everything you told yourself when you were young and immature will disappear from your head.

More likely, you'll take the phone away from the kid yourself, for not obeying either the school or your own orders.


:D

true and thats the role of a parent i feel
 
He's got an outstanding history here.

I just laughed so hard at his thread (3rd from the bottom in that picture), about the ingrown nail. Bless the interwebs, they keep me sane!

IIRC, schools can act "in loco parentis" and that gives them the right to search and confiscate at any time. Don't know if that extends to holding the phone for months, but depending on the circumstances the school has precedent on their side.

I'd say that holding something for an extended period of time, whether or not its part of a policy, would be an abuse of authority (authority which I would argue a teacher, or a school, doesn't really have). Technically they can do whatever they like, but that doesn't mean that someone can justify to me that an obscene text message would warrant having something confiscated for an extended period of time (especially if that item serves a useful function or is important to the owner). And if something happened (use your imagination) as a result of a confiscated phone, you can get that the repercussions would ensure that a school never overstepped its authority again. Ever.
 
Wirelessly posted (Mozilla/5.0 (iPhone; U; CPU iPhone OS 2_2 like Mac OS X; en-us) AppleWebKit/525.18.1 (KHTML, like Gecko) Version/3.1.1 Mobile/5G77 Safari/525.20)

milani said:
He's got an outstanding history here.

I just laughed so hard at his thread (3rd from the bottom in that picture), about the ingrown nail. Bless the interwebs, they keep me sane!

IIRC, schools can act "in loco parentis" and that gives them the right to search and confiscate at any time. Don't know if that extends to holding the phone for months, but depending on the circumstances the school has precedent on their side.

I'd say that holding something for an extended period of time, whether or not its part of a policy, would be an abuse of authority (authority which I would argue a teacher, or a school, doesn't really have). Technically they can do whatever they like, but that doesn't mean that someone can justify to me that an obscene text message would warrant having something confiscated for an extended period of time (especially if that item serves a useful function or is important to the owner). And if something happened (use your imagination) as a result of a confiscated phone, you can get that the repercussions would ensure that a school never overstepped its authority again. Ever.

Bottom line: schools have policies. Parents that don't like the policies are free to send their kids to private school. Usually, it's the kids that don't like the policies...the parents are usually ok
 
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