Legal Question in Criminal Law in Texas

Criminal trespassing

After my high school daughter had her cell phone out of her purse during class, the teacher took it up and told her she could pick it up at the end of the school day (2:30). She did attempt but the teacher had left the property without turning her phone in. The principal took me & my daughter to her classroom where she looked for the phone. She went back downstairs to try to call the teacher to see where it was kept. During the time she was gone we saw the phone in an open drawer in another area of the classroom and took it. The teacher came back to the building in time to see us leave with the phone and is now hollering criminal trespassing. She did not follow the handbook by turning my daughter's phone in. Isn't this as wrong as my taking it myself? Can they do this? Now the principal makes my daughter give her phone to her at the beginning of each day and lets her have it back after school. Isn't this harrassment? The policy in the handbook states that if the student gets caught with the phone out in the building the teacher takes it up and they can pick it up after school. My daughter complied and is now being harrassed in my opionon. Am I wrong?


Asked on 4/18/08, 12:31 pm

1 Answer from Attorneys
ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

Re: Criminal trespassing

Hello there,

From what I have read about your situation it doesn't sound like you committed any form of criminal trespassing.

Now for the cell phone schools have policy's regarding the use of cell phones and they are very strict about the rules.

Everyone knows that a cell phone at school is nothing more than a distraction from doing school work, because all the children are doing is texting each other all day.

If the school has singled your daughter out and is making her turn in her phone each day and they do not make the other students do so you should simply make a formal complaint.

Your complaint should address how she is being treated differently than all the other students and all you want is her to be treated equally as set forth in the student handbook.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

STATE WIDE REPRESENTATION

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Answered on 4/20/08, 3:41 pm


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