Cell Phone Confiscation in School Legal?

[MicShadow]

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

 

[UltraMagnus]

oops double post

 

[UltraMagnus]

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.

 

[Lazycus]

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?.

 

[Defiance]

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.

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!

 

[fateastray]

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

 

[JPH]

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.

 

[GameSoul]

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.

 

[playallday]

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.

 

[Gus122000]

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.

 

[Skyline969]

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.

 

[JPH]

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.

 

[Lockon Stratos]

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.

 

[PeterFile]

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.

 

[playallday]

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.

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...

 

[Rock Raiyu]

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.

 

[kaotic_azn]

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.

 

[Lazycus]

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.

 

[UltraMagnus]

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.


hmm, its a well worded contract, however, I have noticed one flaw, its not a massive sort of one I was hoping for however.

QUOTE

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.

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

 

[jaxxster]

you could always gun your way through the school

you fucking insentivite cunt