24 Sep Teachers Going Through Student’s Phones: What Are Your Rights?
While many areas of education may seem outside of a student’s control, they must understand and protect their rights and freedoms. One of the most confusing areas of privacy rights is in regards to cell phone privacy. Are teachers allowed to legally confiscate a student’s phone during the school day? Do they have the ability to go through the information on a cell phone?
What are your rights regarding teachers going through student’s phones? A teacher is not able to legally go through a student’s phone unless the student is involved in an emergency or a judge has issued a search warrant. Even in the case of a search warrant, there are certain limitations regarding the information that can be searched. A teacher can, however, confiscate a cell phone for a portion or the duration of the school day.
So, what do you do if a teacher violated your cell phone privacy rights? What are the situations that permit a teacher from going through the information found on a student’s cell phone? Keep reading to learn everything you need to know about student cell phone privacy.
Knowing Your Rights Regarding Student Cell Phone Privacy
The only way to protect our rights is to understand our rights. By developing a thorough knowledge of cell phone privacy rights, you will be able to defend and protect yourself or your children from unlawful student cell phone searches.
Can a Teacher Legally Go Through a Student’s Phone?
A teacher of any kind can not legally go through a student’s cell phone. Students have the right to privacy on their personal devices including cell phones, tablets, and laptops. There are, however, a few exceptions to this rule.
Judge-Issued Search Warrant for a Student’s Cell Phone
Teachers can go through the information on a student’s cell phone if a judge has issued an official search warrant. This would be done if there is probable cause to believe that the cell phone contains evidence of a crime or information leading to is resolution.
Additionally, if a judge has issued a search warrant for the student’s cell phone, the search would have to be executed by a law enforcement officer, not the teacher themselves.
The search warrant must outline the locations of the phone that an official will search such as photos, text messages, etc. A search warrant does not grant the law enforcement officer the ability to go through applications or parts of the phone that were not outlined in the warrant.
Emergency Involving Serious Physical Injury or Danger of Death
The second situation that may necessitate a teacher going through a student’s phone is if that student experiences an emergency that has lead to serious physical injury or the danger of death. In this situation, the teacher would have the right to locate emergency contact information on the student’s phone. However, this information should also be available through the school office.
Student or Parent Has Signed a Waiver for Consent
One of the most common loopholes that would provide the teacher with immunity to look through a student’s cell phone is when the student or parent signs a waiver for consent. It is important to keep an eye out for these documents during the beginning of the school year.
Your child’s school may make it seem as if signing a waiver such as this is necessary for enrollment. This is untrue and unconstitutional. There are fewer restrictions on private schools. However, a public school can not require its students to waive their privacy rights for attendance.
Student Agrees to Letting Teacher Go Through the Cell Phone
Perhaps the most common mistake made by students today is agreeing to let a teacher go through their phone. A student who finds themselves in a compromising situation may be compelled to agree with anything the teacher is requesting. However, you have the right to refuse the request, regardless of the situation.
If you agree, verbally or otherwise, to let a teacher go through your cell phone, they are no longer in violation of your cell phone privacy. If a student is uncomfortable refusing the request, they can simply ask to speak to their parents or another guardian before answering the question.
Finally, if you see no harm in showing your teacher the information on your phone, you can list the apps or areas of the phone that they may search. If they search other areas of your phone that you did not list, they violate your privacy.
Common Questions Regarding Student Cell Phone Privacy
There are several questions that both parents and students have regarding cell phone privacy rights. Here are a few of the most common questions regarding this topic.
What If a Student Uses Their Phone When It is Not Permitted?
While the student is on school property they must obey any rules and regulations put into place by school leadership. This includes rules regarding cell phone use. More often than not, schools prohibit cell phone use during school hours, except for lunchtime. This is done to minimize distraction and create a positive environment.
However, students often fail to follow cell phone use guidelines, resulting in consequences. Teachers or other school leaders are able to legally confiscate the student’s cell phone for a portion or duration of the school day. However, this does not grant them the ability to go through the phone.
What If a Student Is Causing Disruption With Their Phone?
Even if the teacher suspects that a student is causing disruption on their phone with illegal or unlawful activities, they are not legally able to go through the cell phone. Confiscation for the remainder of the school day is acceptable. However, any further action would cause the teacher to be in violation of the student’s rights.
What If a Teacher Is Suspicious About Information on a Student’s Phone?
Sometimes a teacher may be suspicious about the information on a student’s phone. If they believe if to be information regarding criminal activity, it is their responsibility to take that information to a higher authority. If law enforcement believes it to be a valid concern, they will take steps towards procuring a search warrant.
However, a teacher is not legally able to go through a student’s cell phone due to suspicious activities or information.
Your Teacher Asks to Go Through Your Phone, What Do You Do?
As a student, it is important to prepare yourself for the possibility of a teacher asking to go through your phone, tablet, or laptop. Remember that devices owned by you are your personal property. If your teacher asks you to unlock your phone, you can respectfully refuse the right, stating it violates your privacy.
Alternatively, you can request to speak with your parents or a guardian before answering their request. Finally, if you are okay with the teacher going through certain parts of your phone, you can clearly outline the areas they can search.
What To Do If Your Cell Phone Privacy Has Been Violated
So, what do you do if your cell phone privacy has already been violated? First, contact your school administration. The actions of one teacher may not be the stance of the school as a whole. Outline your concerns regarding student cell phone privacy violations and request that the teacher receives instruction on the topic.
Second, request that the school deletes any information that was confiscated from the phone.
Finally, if you are facing a student cell phone privacy violation, contact the ACLU as they may be able to provide you with additional resources or guidance for your situation. By working to protect our rights and implement common-sense rules for government, we can create a country in which all people thrive. Interested in learning more? Contact Liberty Justice HQ today!