can a teacher take your phone without permission

Okay maybe not. It is basic fundamental right.

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Teachers violate the law if they examine your cellphones private data without your consent and they are illegal if they force you to do so.

. In fact many schools explicitly allow teachers to take phone away from students who are using them during class. If the student refuse to give their belongings it is not advisable to forcefully take it from them but to report it to the school head. Depending on your school regulations they very likely have the right to retain it for a reasonable amount of time and would have to turn it over only to your guardian or parent since.

Eventually you will be expelled. The key issue in this analysis that we have raised before on this blog is the standard of reasonableness. If you are using your phone in class teachers can legally take it especially if your teacher or the school in general has imposed a no-phone policy.

The privacy of your phone or tablet or laptop as well as your accounts with services like Facebook or Snapchat is protected both by the United States and California Constitutions and by the California Electronic Communications Privacy Act CalECPA. Its pretty reasonable that someone would be upset if a teacher took their phone and especially if that teacher planned on going through the phone. He willingly gave up his password because of the guilt and pressure that administrators placed on him.

Not without your permission or a warrant Posted from TSR Mobile. I was shouted at and told that there was. Something that will negatively affect the learning environment.

When kids break the rules teachers have a right to take away their phones at least for the duration of class. I did some research about this and the wording in his school handbook doesnt specifically mention anything about providing passwords for phones so this action of giving away your passcode can only be done through verbal permission. Shouldve had a voice recorder and called the bluffPosted from TSR Mobile.

If legality is your only concern you have the ability to simply say no. Legally a teacher cannot compel you hand your phone over. Answer 1 of 57.

Whether educators have the authority to search the contents of student cell phones depends on a lot of factors. TLO 1985 students are protected by the Fourth. Heres something to know they will tell you to give up ur phone but stand ur ground and keep it in ur pocket they cant physically reach in there and grab it dont let a teacher take ur phone after hours ever.

You may not like this answer but if you are a minor and your school has a rule or regulation about cell phones and you violate it then the general rule is that they have the right to confiscate it. It was in my hand and she snatched it. The short answer to this is a qualified yes.

Dont use your phone at all when youre in class. And some states like Florida are even considering legalizing students recording teachers without permission as long as its for their own personal educational use or if they want to use the recording as evidence in a civil or criminal case against their school. Well the whole thing has been huge and all my friends know exactly what happened and can confirm it because then one of my best friends phone was also searched.

When youve already been recorded. No thats just a teacher being a dick. If a student is seen as using a mobile phone or music player in classroom which is against the school policies teacher can take it from them and give it back at the end of the day.

Posted on Oct 25 2013. If you must bring your phone to class make sure it is off or on silent and stored out of sight in a backpack or underneath your desk. Just before the school holidays my phone got confiscated when it rang in class.

Despite rules about using phones in class studentsjust like adultscant seem to resist texting or checking the responses to their latest social media post. If this is a public school there must first be a rule that has been published and publicized. If you are caught using your phone in class teachers are legally allowed to take the phone for that class period or even until the end of the day.

18 Jun 13 0432. Then it reminds me of how 3 of my classmates have had their phones confiscated for a full month. The teachers would give the sim card back off the phone keep it on their.

Just like with other constitutional rights in school the rights given to you by the Fourth Amendment are generally more restricted in the school setting. Teachers have every right to seize your phone but they have NO right to go. But they are definitely still there.

It is basic fundamental right. Op 1 mo. Ago Im new Im new and didnt set a flair.

In fact during standardized tests every student has to surrender their phone to avoid cheating. The Boulder Valley School District agreed to limit their searches of text messages and get permission from the student or a parent before checking any messages. However the school might be able to search your phone if it had a lawful reason.

Posted on Oct 25 2013. Luckily it was my first time so teacher only confiscated for that lesson. While teachers may be acting in loco parentis students still have the constitutional rights regarding search and seizure of property.

Smartphones are an ongoing bone of contention in schools. If the school genuinely suspected something illegal was going on If the school was acting to prevent a crime If the school was acting to protect public safety. If a school administrator believes the text messages pose an imminent threat to public safety they can check them without permission.

CalECPA went into effect on Jan. If a student is seen as using a mobile phone or music player in classroom which is against the school policies teacher can take it from them and give it back at the end of the day. Penal Code 1546 et seq.

This is a scenario that has yet to reach the courts. Original post by Andy98 Blackmail. According to New Jersey v.

If this is a private school the school can take your phone for almost an unlimited amount of time -- without notice or advance warning of any prohibition about phones on campus or in the classroom. Technically the person who took your phone or someones phone is taking the phone with consent and it is technically theft and is taking someones private property which schools like to discourage students to do so by taking private property from students depending upon their age will take after the teachers with is being a very bad rolemodel and encourages. Can a teacher or principal legally take your cell phone away.

The law generally says that schools cannot look at the contents of your phone without your consent.

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