Cell Phone Confiscation in School Legal?

Discussion in 'General Off-Topic Chat' started by JPH, Mar 12, 2009.

  1. JPH
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    JPH Banned

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    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?
     
  2. thegame07

    thegame07 GBAtemp Psycho!

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    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.
     
  3. JPH
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    JPH Banned

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    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?
     
  4. da_head

    da_head A dying dream..

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    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.
     
  5. nitrodude150

    nitrodude150 GBAtemp Regular

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    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!
     
  6. thegame07

    thegame07 GBAtemp Psycho!

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    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?
     
  7. Linkiboy

    Linkiboy GBAtemp Testing Area

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    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.
     
  8. GeekyGuy

    GeekyGuy Professional loafer

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    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.
     
  9. thegame07

    thegame07 GBAtemp Psycho!

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    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.
     
  10. ball2012003

    ball2012003 Newbie

    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
     
  11. Linkiboy

    Linkiboy GBAtemp Testing Area

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    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).

    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
     
  12. Lazycus

    Lazycus Rotten

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    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?
     
  13. Joe88

    Joe88 [λ]

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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
     
  14. science

    science science rules

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    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
     
  15. tKo HaXoR

    tKo HaXoR GBAtemp Fan

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    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..
     
  16. Heran Bago

    Heran Bago Where do puyo come from?

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    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.
     
  17. Pizzaroo

    Pizzaroo douchebag

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    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.
     
  18. JPH
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    JPH Banned

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    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).
     
  19. Skyline969

    Skyline969 MENUdo Afficionado

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    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. [​IMG]

    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.
     
  20. Sir-Fritz

    Sir-Fritz GBAtemp Maniac

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    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.