Legal question about school? Are they overstepping boundaries? - General

btw, just put your phone on vibrate at the beginning of school, not that hard

The law in Michigan is that they can take and hold your phone, but they cannot legally enter it or browse anything in it, else it's violation of private property or something, even though they still do it and no one fights it. Just take out your battery, if you can, before handing it in. You have a right to do that in some states. If they don't allow you, tell them that you could potentially press charges if they look at anything in the phone.

Back when I went to highschool, they'd charge you about fifteen dollars to get your phone back after they confiscated it. Consider yourself lucky.

I think when you agree to the schools guidelines they reserve the right to take it.

[QUOTE=Anastatius;24373629]My school suspends you for a day if they see any sort of electronic device at all.[/QUOTE] He's actually not kidding. Penn is rough.

[QUOTE=GodKing;24374121]You were told.[/QUOTE] No they really do it.

Your schools all suck. We're allowed to use phones as long as we're paying attention. We're also allowed to use iPods during class when working on worksheets in class and stuff like that. We have off campus lunch. All my teachers are amazing. And it's one of the top rated high schools academically.

My school has rules against electronics, but people walk around with their MP3 players all day and nobody cares.

How my school work. While in class - 1. Asks you to put it away. (if you're using it for the calculator it's usually fine) 2. Asks you to put it away and next time they'll take it. 3. Takes the phone for the rest of the class period. 4. Takes the phone for the rest of the class period and telephones home asking the parents to take care of the matter. 5. I have no idea I've never seen it get to this point. In the hallways during passing time texting is allowed. And there are no rules on MP3 players, though teachers will ask you to take off headphones when they're trying to talk to the whole class, which is understandable. My school is awesome :razz:

First of all let me start off by saying that there is no god damned reason for anyone to need to take your phone away. Keep that shit in your pants and suppress your ADD for 6 hours. If you are stupid enough to bring it out during class and feel like you are superior to everyone around you, refuse to give the phone to them. They can't take it from you.

[quote=holycrusade;24379156]first of all let me start off by saying that there is no god damned reason for anyone to need to take your phone away. Keep that shit in your pants and suppress your add for 6 hours. If you are stupid enough to bring it out during class and feel like you are superior to everyone around you, [b]refuse to give the phone to them. They can't take it from you[/b].[/quote] lolllllllllll

[QUOTE=waxrock;24379167]lolllllllllll[/QUOTE] Something funny? They can't physically take the device from you. You have to hand it over to them.

Mine works like this: 1st: Phone taken until the schoolday is over. 2nd: After-school detention. 3rd: In-school suspension. [editline]10:37PM[/editline] [QUOTE=Happyfaic;24377123]btw, just put your phone on vibrate at the beginning of school, not that hard[/QUOTE] my phone vibrates really loud

[QUOTE=WolvesSoulZ;24378876]No they really do it.[/QUOTE] No, I mean, you were told it would happen so it should come as no surprise when you continually break the rule.

[QUOTE=HolyCrusade;24379195]Something funny? They can't physically take the device from you. You have to hand it over to them.[/QUOTE] I think I'd rather just hand over my cellphone for a day than get detention for an hour. After all, my rights were pretty much signed away at the beginning of school (although I wouldn't get in trouble for using a cellphone in the first place).

[QUOTE=ExplodingGuy;24373630]No, the laws that allow administrators to confiscate contraband are similar to the laws that allow the TSA to confiscate items of interest. The way to prevent this, don't bring contraband out into view.[/QUOTE] What. Contraband only encompasses weapons and drugs and such. Cell phones do not fall under contraband. And there are no such laws regarding domestic electronic devices. There was a supreme court ruling in the 70s, and it states that every right you have outside of school extends to inside of school, technically if they don't give it to your parents you can press charges for abuse of power/theft. Due process extends to taking items and suspensions. Since school is offered to every individual, the supreme court ruling says, it is classified as a right not a privilege as well.

Our school: first offense: "could you please put that away?" Second: "you can have this after class" Third (next day): "could you please put that away?" Ad nauseum

Damn.. after a night of no sleep I read the title as ''Are they overstepping boobies'' But yeah ontopic, at my college its: First time: Taken until lunch break, or next morning if it already has been past lunch break Second time: Taken for 3 days Third time: A month Fourth time: They either ask your parents to keep it away from you or they keep it until they think you can have it back

[QUOTE=HolyCrusade;24379195]Something funny? They can't physically take the device from you. You have to hand it over to them.[/QUOTE] Yes they can. That's why there are rent a cops at school. I've seen one my classmates picked up out of his desk and literally dragged away. My brother was thirty seconds from being probably strip searched for drugs by the police, not the rent a cops, because he traded guitars with a friend at school. The drug dogs showed up so it didn't happen, by the cop said that if they didn't show up within X amount of time they would strip him down and dismantle his guitar. You are going to a government funded building. Just like in section eight housing, the "unlawful search and seizure" law does not apply. You don't have as many rights as you think. You mostly have privileges, and those can be stripped of you with or without the proper piece of paper. When you go to school it's like a software license. They pretty much can do whatever the fuck they want to, and if you say "I disagree and will not obey X" then guess what. It's either homeschooling of private school for you.

[QUOTE=achickennugget;24379011]We have off campus lunch.[/QUOTE] This is a perk? Do some schools seriously not let people leave at lunch? [editline]01:13AM[/editline] [QUOTE=NecronLord15;24380083] I've seen one my classmates picked up out of his desk and literally dragged away.[/quote] He could have pressed assault charges. [QUOTE=NecronLord15;24380083]My brother was thirty seconds from being probably strip searched for drugs by the police, not the rent a cops, because he traded guitars with a friend at school. The drug dogs showed up so it didn't happen, by the cop said that if they didn't show up within X amount of time they would strip him down and dismantle his guitar.[/quote] Would have been illegal search and seizure. [QUOTE=NecronLord15;24380083]You are going to a government funded building. Just like in section eight housing, the "unlawful search and seizure" law does not apply.[/quote] It does unless you waive it. [QUOTE=NecronLord15;24380083]You don't have as many rights as you think. [/quote] That's what they tell you so they can make you do stuff but it isn't true. Do none of you know your rights or what? The US supreme court ruled that civil rights do not end at the schoolhouse gate, and most other countries have similar situations. If you're this naive as kids/teenagers I'd hate to see you all as adults.

Literally, the constitution applies to everything and EVERYWHERE. Just because you're at school doesn't change it.

[QUOTE=ZekeTwo;24380102]This is a perk? Do some schools seriously not let people leave at lunch? [/QUOTE] Allowing students to leave the grounds and they get hurt it is the schools fault, so this is something that a fair majority of schools have done away with. Liability issues and such. [QUOTE=ZekeTwo;24380102]He could have pressed assault charges.[/QUOTE] No he can't. He was being a fuckwit and disrupting class, and the teacher said to leave and go to the office, he refused, she called security, and he made like a ragdoll cat. Didn't fight back, just went all dead weight. Unlike 95% of everyone who goes to a school, I actually read those books they give you at the beginning of the year. If you disobey a teacher/disrupt others education, then they have the right to remove you from the classroom by most means necessary. You agreed to that when you started going to a public school. It's in the code of conduct. They differ by schools. These are the rules my school enforces. It even says that if you do not agree to something you should talk to the principals to work out some sort of agreement. [QUOTE=ZekeTwo;24380102]It does unless you waive it.[/QUOTE] You've never lived in section eight housing have you? At any time of any day of any month, government officials can come into you house unannounced and search for contraband. When you sign the papers to live there, it's one of the clauses. If you refuse, then the government CAN throw you out onto the street, but they mostly don't because most tenants cave when a officer shows up the next time. [QUOTE=ZekeTwo;24380102]That's what they tell you so they can make you do stuff but it isn't true.[/QUOTE] This is true. [QUOTE=ZekeTwo;24380102]Do none of you know your rights or what? The US supreme court ruled that civil rights do not end at the schoolhouse gate, and most other countries have similar situations. If you're this naive as kids/teenagers I'd hate to see you all as adults.[/QUOTE] [QUOTE=Jawalt;24380320]Literally, the constitution applies to everything and EVERYWHERE. Just because you're at school doesn't change it.[/QUOTE] Being entitled to have your cell phone or guitar at school is not a civil right.

[QUOTE=Anastatius;24373629]My school suspends you for a day if they see any sort of electronic device at all.[/QUOTE] I get two. And if you get caught twice, then it's litter duty during the Activity Block period (4th on Wednesday), on top of your suspension

[QUOTE=NecronLord15;24380353]Allowing students to leave the grounds and they get hurt it is the schools fault, so this is something that a fair majority of schools have done away with. Liability issues and such. No he can't. He was being a fuckwit and disrupting class, and the teacher said to leave and go to the office, he refused, she called security, and he made like a ragdoll cat. Didn't fight back, just went all dead weight. Unlike 95% of everyone who goes to a school, I actually read those books they give you at the beginning of the year. If you disobey a teacher then they have the right to remove you from the classroom by most means necessary. You agreed to that when you started going to a public school. It's in the code of conduct. They differ by schools. These are the rules my school enforces. It even says that if you do not agree to something you should talk to the principals to work out some sort of agreement. You've never lived in section eight housing have you? At any time of any day of any month, government officials can come into you house unannounced and search for contraband. When you sign the papers to live there, it's one of the clauses. If you refuse, then the government CAN throw you out onto the street, but they mostly don't because most tenants cave when a officer shows up the next time. This is true. Being entitled to have your cell phone or guitar at school is not a civil right.[/QUOTE] But not being drug aound and searched is. If I was ever drug from my desk the first thing I'd do is whip out my phone and call the non-emergency police number to report assault and/or battery. I'm not a dick in school, but you don't touch me, you don't touch my shit. That's how this works. They CAN NOT force you to waive a constitutional right to attend school, school is one of the rights you've been given, you can not be forced to waive a right for another right, or it's not a right.

[QUOTE=NecronLord15;24380353]Allowing students to leave the grounds and they get hurt it is the schools fault, so this is something that a fair majority of schools have done away with. Liability issues and such.[/quote] I have a hard time believing that. Must be an American phenomenon, or at least a big-city thing. That shit would never fly where I live, in fact I specifically remember being allowed to leave school grounds during my 10-minute break between classes. It was so people could smoke or something. [QUOTE=NecronLord15;24380353]No he can't. He was being a fuckwit and disrupting class, and the teacher said to leave and go to the office, he refused, she called security, and he made like a ragdoll cat. Didn't fight back, just went all dead weight.[/quote] Well you probably should have mentioned that, I pictured the security guy dragging him out while he tried to fight back. [QUOTE=NecronLord15;24380353]Unlike 95% of everyone who goes to a school, I actually read those books they give you at the beginning of the year. If you disobey a teacher/disrupt others education, then they have the right to remove you from the classroom by most means necessary. You agreed to that when you started going to a public school.[/quote] Just because you read it doesn't mean it's legally binding. If you're under 18 it's a different case because your parents sign your enrolment forms for you, but when you're an adult you have all the rights in school that you'd have out of school. [QUOTE=NecronLord15;24380353]You've never lived in section eight housing have you? At any time of any day of any month, government officials can come into you house unannounced and search for contraband. When you sign the papers to live there, it's one of the clauses. If you refuse, then the government CAN throw you out onto the street, but they mostly don't because most tenants cave when a officer shows up the next time.[/quote] Well if you waive your rights it's different. That's your own fault. [QUOTE=NecronLord15;24380353]Being entitled to have your cell phone or guitar at school is not a civil right.[/QUOTE] Not directly, but you have the right to not have your stuff forcibly taken from your person. As long as you're holding onto the phone they can't touch it.

[QUOTE=ZekeTwo;24380484] Just because you read it doesn't mean it's legally binding. If you're under 18 it's a different case because your parents sign your enrolment forms for you, but when you're an adult you have all the rights in school that you'd have out of school. [/QUOTE] In the US at least rights are not bound by age. I'm 16 and the only rights I don't have are literally drinking, and home ownership.

recently people had been stealing confiscated phones from the offices in my school, so they've stopped confiscating any electronic devices :smug:

[QUOTE=Jawalt;24380528]In the US at least rights are not bound by age. I'm 16 and the only rights I don't have are literally drinking, and home ownership.[/QUOTE] When you're under 18 your parents are your legal guardians and make legal decisions for you. For example, waiving certain rights on a school enrolment form. When you hit 18 those contracts are nullified.

The way it works in my school is: 1st offense = end of class 2nd offense = end of class 3rd and so on = end of class. Occasionally it will be taken to the office for the whole day.

You went to the school, you abide by the rules. Don't like it? Get out.