Is a teacher allowed to take a cellphone from a student?

by **pannoowau** » Wed Nov 30, 2011 10:52 pm

If I am walking around in the hallway at school, with my cellphone out, checking for messages, and a teacher walks up to me and grabs my phone out of my hands, how is that justice?

First of all, why is he/she allowed to touch me and take MY personal property?
Do I have any rights in this situation?

Also, if he or she grabs my phone out of my hands, who says I am not allowed to do the same when I see a teacher in the hallway on their cellphone?

Moreover, who am I doing harm to checking my phone for a split second.

Any time your freedom to do what you want without harming others is oppressed, then there needs to be a change.

I understand that a handful of adults will comment "wah wah, stop crying and put your phone away", or "leave your phone at home, your at school to learn" or my personal favorite "why do you need to bring it to school in the first place. Stop crying." Haha

I have realized everyone will be against the student, but all the same i would love to hear what everyones opinions are.

by **chozai65** » Wed Nov 30, 2011 10:57 pm

Is there a school policy that prohibits cell phones? If there is he has a right to confiscate it and return it to you at the end of the school day.

by **napayshni65** » Wed Nov 30, 2011 10:58 pm

Yes, they are acting "in loco parentis" which means "in place of your parents", so they have pretty much all the same rights to govern your behavior as your parents. Since your parents can take away your cell phone, so can your teachers.

You're not allowed to take a teacher's cell phone because the law has not granted you "in loco parentis" status over them. It doesn't matter one wit if having a cell phone does no harm, they are well within their rights to ban cell phone use. Also, let's be real, it's not YOUR property anyway, it's still your mommy and daddy's cell phone since you can't legally own any property anyway.

So, no you have zero legal rights in this case. They can take away your parent's cell phone from you whenever they want.

@Willypeet: Of course your rights aren't the same. You're allowed to criticize your commanding officer without any repurcussions? Are you saying you can't get thrown in the brig for that or for exercising other 1st amendment rights? You're either not in the military or in the reserves or something.

by **galvin** » Wed Nov 30, 2011 11:05 pm

Yes, they are acting "in loco parentis" which means "in place of your parents", so they have pretty much all the same rights to govern your behavior as your parents. Since your parents can take away your cell phone, so can your teachers.

You're not allowed to take a teacher's cell phone because the law has not granted you "in loco parentis" status over them. It doesn't matter one wit if having a cell phone does no harm, they are well within their rights to ban cell phone use. Also, let's be real, it's not YOUR property anyway, it's still your mommy and daddy's cell phone since you can't legally own any property anyway.

So, no you have zero legal rights in this case. They can take away your parent's cell phone from you whenever they want.

@Willypeet: Of course your rights aren't the same. You're allowed to criticize your commanding officer without any repurcussions? Are you saying you can't get thrown in the brig for that or for exercising other 1st amendment rights? You're either not in the military or in the reserves or something.

Well I'm well out of high school, a college grad for 2 years. So I'm one adult that thinks that's absolutely ridiculous. There's no reason why a student shouldn't be allowed to check messages when you are not in class. Sure if it'd been during class, I wouldn't blame the teacher. But you were outside. Unfortunately most high schools are not going to be in your favor unless an adult or parent backs you up. Since you're underage, its technically your parents property and they can tell the teacher that he or she can't touch it.

by **caffar** » Wed Nov 30, 2011 11:13 pm

Well The Teacher Shouldnt have took it it wasnt during class & its not fair if it wasnt i use my phone all the time in the hall way ive never had a teacher take it away from me in the hall way & they even watch but dont care hell i even have my phone on my desk during class anyway im not against you teacher shouldnt have token it

by **colfre** » Wed Nov 30, 2011 11:19 pm

Well The Teacher Shouldnt have took it it wasnt during class & its not fair if it wasnt i use my phone all the time in the hall way ive never had a teacher take it away from me in the hall way & they even watch but dont care hell i even have my phone on my desk during class anyway im not against you teacher shouldnt have token it

That really sucks...you should have been told to simply put it away first but yes, a teacher can take away a phone from a student in accordance with school policy regarding the use of phones, but NOT permanently. They can take away a phone in the same way an elementary schools teacher removes a toy from a kid for playing with it when they are not suppose to.

by **hawiovi** » Wed Nov 30, 2011 11:25 pm

There are three situations in the US where citizens give up their constituitonal rights. In prisons, in the military, and in schools. Your school may have a no cellphone policy which allows them to confiscate them if they see them. They feel they have a right to do this to eliminate distractions. Your parents signed a document allowing them to do this when they enrolled you in school. If you're under 18, your rights are stewarded by your parents.

I think taking it away in the hall is definitely wrong, because obviously you weren't distracting a class. You might have a good argument there. Also, since the idea is to keep you from distracting a class, you should get the phone back at the end of the day.

by **laureano97** » Wed Nov 30, 2011 11:27 pm

Mr Smartypants, I'm 10 years military and I've never heard of military members having to give up their constitutional rights. You are seriously misinformed.

by **zackary42** » Wed Nov 30, 2011 11:36 pm

Believe it or not, a school is not a democracy. If having a cell phone out in the hallway is against school policy, than the teacher is perfectly within her rights as an employee of said school to confiscate the phone.

If it's not against school policy, try doing something more useful about it than complaining on a online forum. Take it up with the principal.

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