Legal Question in Civil Rights Law in California

Cell phone during School hrs.

My daughter is 12yrs old (7th grade) during class her cell phone fell out of her poket and it was on. (has to be off during school hrs) the teacher seen the phone and confiscated it, and gave it to the superintendent. The superintendent went thru her phone.

Dose he have the right to go thru her phone without her knowledge?


Asked on 3/11/09, 4:39 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Cell phone during School hrs.

Good question! I don't believe he has a right to do that. The cell phone is private property. He might go through it to find out who the owner is if it were found property. That's not the case here, though. It is not school property -- it is private property -- and I believe he violated your daughter's privacy.

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Answered on 3/12/09, 5:45 am


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