What are a student’ right to privacy?
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What are a student’ right to privacy?
I am 16 go to high school. The other day I was called up to the Dean’s office and they demanded to see my phone and they took it away from me. After I said that I rather you call my parents, they responded, “We are your parents” and then demanded that I give them my cell phone password. So I gave it to them. I was woundering if I can press charges on the man who invaded my privacy?
Asked on March 7, 2014 under Personal Injury, Nevada
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
A student's right to privacy at school is a controversial topic since many people believe that the U.S. Constitution prevents school officials from ever searching through a student's personal property. This right isn't as rigid as you may think, and in many cases, public schools don't violate any laws. However, this doesn't mean that public school teachers and other officials have discretion to conduct searches in any manner they see fit.
The U.S. Constitution Protects Student Privacy Rights at School
The Fourth Amendment of the U.S. Constitution protects all Americans, including minor students attending public schools, from unreasonable searches and seizures performed by a government entity. Since public schools are supported by state and local governments, the Fourth Amendment protections extend to student searches conducted by public school teachers, principals and other officials.
Searching for Cell Phones Doesn't Violate the 4th Amendment
Many court cases challenging the legality of searching public school students for cell phones have been heard by the U.S. Supreme Court. The Court has consistently held that these searches don't automatically violate a student's right to privacy, with the basis for these decisions resting on the substantial need of public school teachers to maintain order and control over their classrooms. And to maintain order, teachers must be able to discipline students when they have a reasonable suspicion that the school's cell phone policy is being violated. (See Reference 2, pg. 3)
Public School Officials May Take Student Searches Too Far
When the scope or extent of a search isn't directly related to its purpose, which is only to determine whether a student is carrying a cell phone, it can quickly become a violation of a student's 4th Amendment rights. For example, the Supreme Court has held that upon discovering a cell phone, a teacher can look through the student's contacts and call history. However, impersonating a student after seizing their phone and sending text messages to people listed in their address book violates a student's privacy rights. (See Reference 2, pg. 4)
Court Decisions Relating to Cell Phones Are Applicable to Locker and Backpack Searches
The same legal principles that govern student searches for cell phones will apply to all searches of a student's property, provided it's done on school grounds. As long as school officials have a reasonable basis for looking through a student's locker or backpack, for example, it's unlikely that a student's privacy rights are being violated. States also have the authority to create legislation on student privacy rights. Illinois, for example, has laws that expressly permit public schools to search through all property that a student brings to school.
An Education Lawyer Can Help
The law surrounding student privacy is complicated. Plus, the facts of each case are unique. This article provides a brief, general introduction to the topic. We hope you found it useful. For more detailed, specific information, please contact an education lawyer. One in your locality can be found on attorneypages.com.