# Cell Phone Confiscation in School Legal?



## JPH (Mar 12, 2009)

I had my iPhone out in my 8th period class, and my teacher caught me. 
After school, I told her I was texting my aunt because I needed a ride to work after school...however the teacher refused to give it back to me.
She took it the the principal and he pulled me into the office the next day telling me he was keeping the phone for a year (school policy; I have one other previous offense of getting my phone taken up but my aunt was able to get it back after I served punishment).

School policy is that if a student gets their cell phone twice in a school year, the school will keep it for the rest of the school year. 
My aunt called up there once and they refused to give it back to her.
Legally the phone belongs to my aunt, not me, and that's my argument -- they can't legally take up her phone for the rest of the school year, but they can take up mine. The phone in question belongs to my aunt.

So, now, I'm taking matters into my own hands. I told my aunt to come pick me up after school tomorrow at which time I'll have already visited the office.
She can come in with me and argue...however I'll probably end up with the satisfaction of getting pissy with the school authorities (my aunt has dropped the issue of the cell phone as she knows a lot of the school staff and is friends with them).
I'm going to tell the principal that the phone belongs to my aunt, and she did not give me permission to bring the phone on campus and she did not know I had it.
If he refuses, I'm going to call the police and get legal on their asses. What can I say and legally do (I'm in a Mississippi school district) to get my phone back to my aunt?


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## thegame07 (Mar 12, 2009)

They surely can't do that! that hardware certainly isn't cheap and I'm 100% sure it's against the law from keeping it from your aunt as it belongs to her. They have basically stole your phone. I would tell your principle if he doesn't have it in your hand by the end of the day you will be taking the issue further aka getting in touch with the police because hes stole the very expensive equipment from you.


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## JPH (Mar 12, 2009)

That's what I was thinking, however, bringing the phone to school is against their policy. That being said, they can take it from me. If it's mine, they can keep it -- in this case, it's legally my aunt's phone - so they shouldn't be able to keep it...

I agree with what you're saying, I do feel it's "stolen" property. That's what I plan on saying to the police authorities, however is there any thing else I should do before getting the police involved..just threaten my principal authority to get them involved?


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## da_head (Mar 12, 2009)

wow what a bitchy school. if my teacher asked for my cellphone, i would simply refuse. they can take me to the principal if they like, and see what they can do.


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## nitrodude150 (Mar 12, 2009)

JAY PEE H said:
			
		

> That's what I was thinking, however, bringing the phone to school is against their policy. That being said, they can take it from me. If it's mine, they can keep it -- in this case, it's legally my aunt's phone - so they shouldn't be able to keep it...
> 
> I agree with what you're saying, I do feel it's "stolen" property. That's what I plan on saying to the police authorities, however is there any thing else I should do before getting the police involved..just threaten my principal authority to get them involved?


Dude, if bringing the phone to school in general is against school policy, then it doesn't matter who the phone belongs to, ESPECIALLY considering that its the 2ND OFFESENSE, if I were u, I'd drop it, I would get that sim card transferred and use a temp phone bought for $50 off craigslist for the end of the year, cuz, most likely you're ganna piss off the staff and get a bad rep. at school AND get nothing from the police....

Also, u sound guilt just from your text, don't involve the police unless you're CONFIDENT!


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## thegame07 (Mar 12, 2009)

The school can't make up their own little rule book and break the law in the process. The school is actually breaking the law it's theft! It was ok to remove the phone from him if it was distracting him in class but to refuse to give it to his guardian(Aunt) is not on. It seems to me his school has decided they will be the next hitler and that they are above the law. If this happend to any kid I looked after I would end up smashing up the school but hey thats just me.


When did "school policy" become the law?


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## Linkiboy (Mar 12, 2009)

You can't do anything because of the contract your guardians signed when you entered the school... depends on your school.

Though I would be really surprised if they didn't give it to your aunt if she asked for it.


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## GeekyGuy (Mar 12, 2009)

TC, I see a U.S. flag next to your name, so you should be well familiar with the term, "possession is nine tenths of the law." You brought the phone -- it was your property, regardless of what "your argument" is. They have a policy on record. My guess is, you got a bunch of paperwork to bring home regarding such policies during your first few days of the school year. It's legal. Say goodbye to the phone until the end of the year, and be glad they give it back to you at all. 

Understand, I'm not making a judgment about whether you fucked up or not pulling your phone out in class (that shit should be easy to figure out on your own). I'm just saying, it's perfectly legal.


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## thegame07 (Mar 12, 2009)

Linkiboy said:
			
		

> You can't do anything because of the contracts your guardians signed when you entered the school



This contract they signed is an offical contract that holds up in a court of law? The people who made this so called contract are actually in the power to make a contract that holds up in court? Lets just make an example I can make a contract that states if JPH reaches 10k post on gbatemp he has to give me $500, If he signs it and reaches 10k posts but tells me to fu** off I can't do anything about it. Im pretty sure this so called contract is basically a piece of paper that means nothing. I can only go with what happens in the uk but this is pretty much commen sense.


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## ball2012003 (Mar 12, 2009)

damn thats harsh for my shcool
if the teacher catches you using it during class
he/she would give back to you at the end of the period
unless you refuse to give it to them
then they will give it to you at the end of the day


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## Linkiboy (Mar 12, 2009)

It doesn't really work that way. For example if you sign a contract to give a TV company to broadcast your likeness, you can't just say LOL NO JK and sue them, you gave them the right. Same thing here, but with cellphones. His guardian signed a contract that his phone could be confiscated (most likely, again depending on the school).



			
				QUOTE said:
			
		

> Lets just make an example I can make a contract that states if JPH reaches 10k post on gbatemp he has to give me $500, If he signs it and reaches 10k posts but tells me to fu** off I can't do anything about it.


Actually... in America, you could sue him in a small claims court for that $500.

Anyway, he shouldn't have had his phone out in class, so he was at fault. It's best to respect rules, whether they're just or unjust, because thats how life works, regardless of anywhere you are... All actions have a consequence.

But ok, assuming it doesn't hold water in a court case, it still violates the schools rules, so they can expel him. That would be BAD END


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## Lazycus (Mar 12, 2009)

Use your head this time.  Set up a meeting with the Principal and you and your Aunt.  Explain the situation and ownership of the phone.  Be very humble and respectful in everything you say.  Agree to a deal that you will face an even higher punishment (suspension?) if you ever bring a phone to school again.  Hopefully you aren't a problem child at the school with various offenses.

Also, if you were texting your Aunt what was she reading the text on?  Her 'other' iPhone?


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## Joe88 (Mar 12, 2009)

thegame07 said:
			
		

> Linkiboy said:
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as long as the contract is legal binding and a witness "witnessed" the signing then you can take him to court


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## science (Mar 12, 2009)

If its your Aunt's phone, tell her to go and ask to get it back. If she doesn't want to go get it, its her phone. If it really is your phone, I would try and persuade your Aunt to get it back for you and promise never to bring it to school or some stuff


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## tKo HaXoR (Mar 12, 2009)

O.k instead of getting the police involved, get Obama involved!! He has higher authority and will most likely be able to get it back for you. Trust me dude, your school principal can't refuse to hand over the phone to the president of the United States. You can also break into school and get it back! hahaha don't do that..


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## Heran Bago (Mar 12, 2009)

They can confiscate it from you but they have to return it. The thing is, you have to bring them to court for stealing your personal property. You are fully within your right doing so and you would win in court. Legally speaking you have the right to your phone back.

Practically, are you willing to go to court and ruin your school over a phone? Are you fine taking their money?


JPH - I encourage you to get on top of the law. They have the right to deny you use of it on their premises, but they can not take and keep it. Giving it back after school seems reasonable.


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## Pizzaroo (Mar 12, 2009)

A few days later you may hear, "Check out all of the cool apps this guy has!". I overheard that a lot at my old school.

EDIT: Or if your school security isn't tight, you can always break in and steal it back.


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## JPH (Mar 12, 2009)

Thanks for the suggestions / information guys, I appreciate it.
I've decided I'll just talk it over with the principal and my aunt (I can get legal on them at last resort).


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## Skyline969 (Mar 12, 2009)

In my school, if they find something a distraction they will confiscate it. It's their policy. A teacher's aid caught me with my cell phone once and she wanted to take it from me. I put it in my pocket and told her that's where it was staying. She ended up getting what I call the vice principal (unofficial, but VP to me all the same) on my case. Fortunately, me and the VP get along. I told her it was my personal property, they weren't touching it, and it was going to stay in my pocket. She agreed with me. 5 minutes later I was texting again. 
	

	
	
		
		

		
			





Another time my math teacher caught me with my DS in class. All I had to do was show him DSOrganize and WabbitDS and he was laughing his ass off. He was absolutely thrilled that the DS could emulate a TI-83+ calculator.


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## Sir-Fritz (Mar 12, 2009)

PharaohsVizier said:
			
		

> But they aren't holding it forever, you guys make it sound like they are off to steal your phone or whatever.  Albeit it is hugely unfair, but I would think that they do have the right to do so.  If schools have the right to hold it until the end of the day, what's to stop them from holding onto it until the end of the school year?  That being said, the end of the school year isn't that far off either,* 2 or 3 months or so.*
> 
> For me, generally teachers just give it back at the end of class, although I know the school policy is to hold it for a week I think.  And there are definitely teachers that excersize that right.  They hold onto it for the time just to make sure you don't do it again.  As unfair as it is, I would personally think you don't really have a case in court, although if you talk nicely to your principal you should be able to get it back.
> 
> I remember a certain time I had a laser pointer confiscated...  (5mW, when it was fairly rare [pre dealextreme and pre 20/30 mW]).  The teacher had it for like a month, claiming that it was a weapon.  By the time I got it back, the diode was burned out, most likely overuse.  Didn't really chase after her about it, I'm pretty sure she was using it or else it wouldn't have died on me like that...


I was gonna say.  Cause Australians are only 2 or 3 months into their school year.  Anyway wat type of school is this, only today in physics someone was listening to music on speaker while doing a prac.


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## MicShadow (Mar 12, 2009)

Some fancy private school, maybe?
At my school (australia) the teachers will just tell you to put it away if you are blatantly rude about using it class. And they usually only hold it till parents come and get it, or just till the end of the period

And im not sure about the laws over there, but they surely cant hold it for a year. I would 
a) steal it back
b) Get your aunt to get it


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## UltraMagnus (Mar 12, 2009)

oops double post


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## UltraMagnus (Mar 12, 2009)

if you have a contract with your school, take a look at it, if it says they can confiscate your property, take a good look at the wording.

if will probably only say they can confiscate your property (ie, not someone elses you had permission to bring) if this is true then get your aunt to send a lengthily worded legal sounding letter requesting her property back, quoting the correct sections of the contract, and threatening to sue if they do not return her property,  perhaps quoting the 5th amendment of the US constitution "No person shall be ... deprived of life, liberty, or property, without due process of law".  if they fail to comply with your legal request you should contact your lawyer, you are definitely in the right and can get your fees back from the loosing side.  and make sure you send the letter by recorded mail.

If the unlikely is true and they have some clause stating they can confiscate anything that you bring to school.  get your aunt to write a similar letter, but stating that you stole it from her (don't worry, she can't be compelled to press charges).  the is no way they can refuse to return stolen property.


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## Lazycus (Mar 12, 2009)

Sir-Fritz said:
			
		

> I was gonna say.  Cause Australians are only 2 or 3 months into their school year.  Anyway wat type of school is this, only today in physics someone was listening to music on speaker while doing a prac.


Perhaps it's a school with rules?  What kind of school do you go to where kids can play whatever music they like on speakers during class?

Remember we are on the other side of the world here in the USA and our seasons and school calendars are opposite.

Every time an Aussie posts about school all I can think about is "Summer Heights High".  That's the only Chris Lilley I've seen but it's damn funny.  Are there "8==D tation" tags at your school?.


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## Defiance (Mar 12, 2009)

I can understand them taking it away for a day or so, but come on!  If the school really wanted to enforce their policy, they could just make it so you get a detention or suspension...  It's better then stealing.



			
				QUOTE said:
			
		

> O.k instead of getting the police involved, get Obama involved!! He has higher authority and will most likely be able to get it back for you. Trust me dude, your school principal can't refuse to hand over the phone to the president of the United States. You can also break into school and get it back! hahaha don't do that..



Obama can't even make smart tax decisions...  What makes you think he would get you your phone back?  Pssh, he would probably give it to a drug dealer who dropped out of school!


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## fateastray (Mar 12, 2009)

Wow, they take your phone for just having it on you O_O...

I actually have phone-conversations in class all the time. However on my old high school, a kid's phone was taken for the month. The parents came over, and the same day, he had his phone back. Just bluff with legal stuff. The school doesn't want to be a negative headline in the local newspaper


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## JPH (Mar 12, 2009)

UltraMagnus said:
			
		

> if you have a contract with your school, take a look at it, if it says they can confiscate your property, take a good look at the wording.


Copied from my school's website 
I've been trying to find a loophole or miswording but all I can really say is the rule is unlawful in my circumstances.
Copied from my school's website --

_During the school day, students may not possess any type of cellular phone, paging 
device, text messaging device, laser pointer or any other type of telecommunications 
device while on school property.  Cell phones may be kept by students in their vehicles 
in the school parking lots; however, students may not access their vehicles during the 
school day without administrative approval.  Violation of this policy will subject the 
student to discipline under this provision and/or any other provision in the Student Code 
of Conduct that may be applicable to the circumstances involved.  In the event 
of an emergency condition that may require the need for a paging device, the principal 
will provide specific written approval and instructions for use of a paging device. 
Unauthorized electronic devices will be confiscated and the parent/guardian of the 
student will be notified.  The school will retain the confiscated electronic device until 
the student has completed the discipline imposed, after which it will be returned to 
the parent/guardian.  Upon a second offense under this policy, the school will retain 
the electronic device until the end of the current semester and upon completion of the 
discipline imposed.  If the parent/guardian does not reclaim the electronic device within 
thirty (30) days of the end of the semester, the school may dispose of the device. 
_

My aunt's scheduling a meeting with the me and the principal tomorrow afternoon.
Wish me luck, I don't want to have to try something like call the police on them and get legal unless I absolutely have to.


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## GameSoul (Mar 12, 2009)

Why couldn't you text your aunt during passing period, or at your locker or something? Why did you have to do it in class? Just wondering.


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## playallday (Mar 12, 2009)

Not saying you should but you could try to break in and take your phone back but don't use it or tell anyone.  I'd like to hear them at the end of the year "well, you see, uhhh...  we lost it..." Then you might get a new iPhone for free....  In a year...  But hey, you could sell the old one on eBay.


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## Gus122000 (Mar 12, 2009)

You deserve it, this is nothing new. You shouldn't have done it in the first place. You know school staff anywhere in any place in the U.S. loves trolling for cellphones.


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## Skyline969 (Mar 12, 2009)

It's just not right for them to take it from you. I, personally, would tell them to shove the rule up their ass. It's your personal property, and it's quite expensive to boot. If they keep it from you, it's not fair.

Let's see here... you were using it to contact your aunt to get a ride after school to work... that, to me, is considered important. Use that in your argument as much as you can. Drag it out to make it seem like it was the most important thing in your life. If you do that and your aunt can back you up, you should have your phone back if you can sound convincing enough.

If that fails, break into the school at night and steal the phone back. It's too expensive to be unable to use, especially if you still have to make monthly payments on your plan and whatnot.


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## JPH (Mar 12, 2009)

GameSoul said:
			
		

> Why couldn't you text your aunt during passing period, or at your locker or something? Why did you have to do it in class? Just wondering.I could have, however I had forgotten to and school was almost up..didn't want to wait in the cold, sick my self as it is. Usually my friend takes me home and he didn't show up that day, or I wouldn't have had to call or text anyone.
> 
> QUOTE(playallday @ Mar 12 2009, 04:10 PM) Not saying you should but you could try to break in and take your phone back but don't use it or tell anyone.  I'd like to hear them at the end of the year "well, you see, uhhh...  we lost it..." Then you might get a new iPhone for free....  In a year...  But hey, you could sell the old one on eBay.


Nah, because they would then send me to jail if I got caught. That, and the police would side with the school if I was breaking in to take property that legally belongs to my aunt...not a good idea when I can get it back in a legitimate reason.


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## Lockon Stratos (Mar 12, 2009)

well I say complain but don't go as far as telling the police because you've got reasonable points so he must be lieing if he says  you still  did the wrong thing.


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## PeterFile (Mar 12, 2009)

You're in the wrong here. You've already been caught once and you decide to risk _someone elses_ property getting confiscated for the rest of the year. It's made even worse by the fact that you took it without her permission.


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## playallday (Mar 12, 2009)

JPH said:
			
		

> playallday said:
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So, go start a riot outside the school.  Just kidding, *DO NOT DO THAT*!!!!  Really, I know it sounds painful but be really nice about asking for it back, and not that "fake nice."  I mean real nice.  Might work, unless you've got a reputation...


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## Rock Raiyu (Mar 13, 2009)

Wow, get caught twice and its gone the whole year? Thats harsh. Here its after the 2nd time you have to get it after school from an administrator and they phone home. That just isn't right, if they don't give it back you should go federal on there ass.


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## kaotic_azn (Mar 13, 2009)

PeterFile said:
			
		

> You're in the wrong here. You've already been caught once and you decide to risk _someone elses_ property getting confiscated for the rest of the year. It's made even worse by the fact that you took it without her permission.



these responses are on the ball. you can't say anything since you broke school rules therefore you get the justification. you could always gun your way through the school but i can only assume that will end in a bigger shit storm. anyway the point is that you are assumed to know the consequences of your actions therefore the school can justify confiscation of property since you broke rules.


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## Lazycus (Mar 13, 2009)

I love all the responses with false bravado:  "Break into the school and steal it back"  "I would tell the teacher to fuck off and not give it to them and then bitch-slap the principal" "Get a lawyer to sue their ass".  Idiots.  Not one of you would actually do that stuff, and if you did you would have your ass booted out of the school.

He broke the rules, got caught, broke the rules again, got caught again.  It's all spelled out in the rules he posted.  He's doing the right thing by setting up a meeting and politely asking for it back.  He'll get it back eventually anyway.


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## UltraMagnus (Mar 13, 2009)

JPH said:
			
		

> UltraMagnus said:
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nowhere does it state that they have the right to take action against other people.


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## jaxxster (Mar 13, 2009)

kaotic_azn said:
			
		

> you could always gun your way through the school



you fucking insentivite cunt


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## BumFace (Mar 13, 2009)

my school does that, if it gets confiscated you ned to get your parents to et because its 'valueable' and worst they take it off you even if you're outside of school (in school uniform obviously) like after school you loiter around the school gates.


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## david432111 (Mar 16, 2009)

Did you get the phone back?


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## Ace Gunman (Mar 16, 2009)

I haven't read the majority of the replies here but one would think that wouldn't be allowed. I don't believe teachers have the legal authority to take anything from your (except perhaps drugs, weapons, etc) without your permission. Think about it, if someone walks up to you on the street and says "Hey, I'm taking your phone away from you", that's technically a robbery. It's one thing to hold onto it until after class, or the end of the day, but a year is another matter entirely.

In addition, it's not legally yours to give away (or have taken) to begin with, and in doing so they're interrupting the payment plan. Someone, yourself or your aunt, is now paying for a phone service no one can use, and at one time paid for the actual phone device itself. They're interrupting a legally binding contract between the owner and the phone company. And depending on the type of service you have, they may charge the owner a penalty if the owner tries to cancel the contract.

You shouldn't be using a phone in class to begin with, so you are partially at fault. Though I may be biased as I hate the mobile phone age... it was still against the rules of the learning institution. Even so, no one should be able to confiscate your phone for any period lasting more than a few hours or days, except perhaps a law enforcement agency, a legal guardian, and maybe the phone company itself.


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## Tac 21 (Mar 16, 2009)

...see .... now, if it was me, I would NOT hand over something so expensive- thats like giving someone, ANYONE something by taking power away from yourself.

I don't give a shit if its the teachers- they only place that on you so you follow the states rule, gradual indoctrination, that is where graduation comes from. - its always the science teachers too.

and as far as what people say on this board about "serves you right," I say, F that as well. while I was grown up in that age, I never had a phone to start with, but I could understand what its like for someone to exerise such authority and deem it right to be taken away.


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