Does the School Have the Right to Search Cell Phones (Based on Story)
Freedom from unreasonable search: A student reported to the school counselor that many students, several she did not even think she knew had been looking at her funny, snickering and making snide comments seemingly directed at her in between classes in the hallway. After experiencing this for 2 days, she confronted someone who finally showed her a text message stating
"Jane Doe had sex with three guys at a party Saturday. Pass it on"
She had no evidence, but guessed her ex-boyfriend in to the office. After questioning and denials, the principal demanded he turn over his cell phone. He submitted to a search of his cell phone only after he was threatened with suspension from school. The student sued the school for violating his 4th amendment rights.
No
Side Score: 14
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Yes
Side Score: 7
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For one's 4th amendment right to be breached, they would have to be in a situation where searches and seizures were unavoidable. Technical, because he chose to surrender the phone, it was not a breach of said rights. Currently, no one is forced to go to a public school. The student could have gone to a private school, he could have been home schooled, or he could have simply accepted the suspension and not surrendered the phone. Side: yes
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Students, by force of course, sign a contract at the beginning of the year saying it's okay to search them and their belongings. I tried not signing it one year and my teacher kept telling me I had to, until they called my mom and she made me sign it. Schools strip students of many of their rights, but say it's okay because we're minors, well some students are. I don't think it's right, but it's how it is. He could have chosen to be suspended, though we all see the downside to that. Schools basically force their students to rebel with situations like this. Side: yes
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Well I think because of all the bullying, sexting, and pictures going around by phones this unfortunately has to happen. I don't like to see students get checked for this but look at the situation what if because of his and this assuming it was him, playful way to make someone look bad would have caused this girl to suicide or girls beating her up for being a slut. I don't want to say it was right but sometimes these things happen Side: yes
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The school isn't the police, and shouldn't act as the arm of the executive branch. Rather, if she believed she was being libeled against, threatened, illegally bullied etc she should of filed a report with the actual police and had them take care of it. The school overstepped their bounds. Side: No
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