Legal Question in Constitutional Law in North Carolina

Cell Phone Conficated

My daughter was using her cell phone to call her mother to confirm her after school pick up. this took place during her lunch break. She was in an area that the school has a pay phone in place for public use. The asst. principle took the phone from her. He has stated that he was aware she was talking to her mother and did not care.

They say that we can not get the phone back till the end of the school year. My daughter travels between my home and her mothers on a regular basis, thats why she had the phone. She was using her phone in an area that children are allowed to make phone calls from during a time that it was allowed, But is being punished because she used her phone instead of the pay phone. I guess the main question is, can they take the phone and keep till the end of school, while I am still having to pay on a contract that can not be used?


Asked on 12/17/07, 10:29 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Cell Phone Conficated

Probably, as long as your daughter's use of the phone violated an existing school rule. If your concern is about the contract with your cellular provider, you should be able to get another phone and have the service switched to that device.

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Answered on 12/17/07, 4:23 pm


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