Poll: Is it legal/fair?
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View poll results: Is it legal/fair?
Yes
60 22%
No
97 36%
I like muffins.
111 41%
Voters: 268.
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#1
for an extended period of time (like the rest of the year?)

This thread is based on a thread I read in another county forum.

I don't think that they have a legal right to do this. The schools where I'm from will take away a child's cell phone for the day after the first offense, until a parent comes and gets it for the second offense, and for the third offense the phone won't be returned for another year.

Isn't that stealing? I know the phone will be returned but people still have to pay the bills on the phone. I can understand taking it away for a class period or even a day, but the rest of the year? No.
"The poor didn't want this one."
#2
I don't know. At my school, you get it taken away and get a referral. I'm going to be a dick about it if they ever take mine, I won't give it up, I get a referral either way. >.<
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#3
They, of course, have the right to confiscate it while the kid's at school, but I don't think it's legal to do more than that.
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#4
All you have to do is not be stupid enough to have your cell phone taken three times.

Problem solved.
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thats about south africa tho...which isnt poor at all.
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#5
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It's a stupid policy, but basic human rights don't exist in public schools.

exactly basically the schools make there own set of sub laws
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#7
Yes.

If it's either:

-On
-Out during class
-In use during class/school time
-Going off during class


They can legally take it and keep it until a parent comes to get it.

If it's off and in your pocket/bookbag, most schools don't care.
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Last edited by fallenangel20 at Sep 23, 2007,
#8
once your inside school property, they can do watever the hell they want....as long as they give it back, and don't delay for a longer period with no reason, so if they say they will give it at the end of teh week, and keep it for 2 weeks, you can probably do smoething then
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#9
Quote by Zeppelin256
All you have to do is not be stupid enough to have your cell phone taken three times.

Problem solved.


I don't even have one. So meh, it really doesn't matter to me. But I know that some high schoolers need them (for jobs, driving to/from school, staying for a game or something)
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#12
Yes they can, it's a school rule- why bring it when you know it'll be taken away? Besides, cellphones are for emergencies only, not for your buddy sitting across the room to text you like a little 12-year old girl.
#13
Quote by Sabu
It's fair, you're meant to go there to learn.



+1

Why would you need a cell phone during classtime anyway? I've never understood it.

If you need it after school, fine. Just turn it on when you get out of school.

There's no need in getting text messages and/or calls during class. It's entirely
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#14
It wouldn't be a problem if kids wouldn't have them on and use them in school. Young people these days are just like OH NOES I CANT GO 6 HOURZ WITOUT MAH TEKNOLOGEEZ!!!!!
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#15
those mother****ers took my phone.......and my mom has to go get it....god how ****ing embarrassing im 18 years old ffs.
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#16
i like muffins

haha nah i dont think they do have a right to take it for the rest of the year
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#17
Quote by vlp_dope
those mother****ers took my phone.......and my mom has to go get it....god how ****ing embarrassing im 18 years old ffs.


I thought that once you were 18 you were considered an adult and your own guardian?

Edit: And I really meant legal. I can understand it be taken for short periods of time or until an adult comes to get it, but not for a whole year.

...Of course it's fair. But I don't think it's legal if you're paying for it monthly.
"The poor didn't want this one."
#18
well i see a lot of people like muffins, XD

and can they actually take it for the rest of the year? thats a long shot dont you think? like you said, they still have to pay the bills, and A WHOLE YEAR? well i guess that can be done at the last day of scool, but more than that, its too much, in my scool, if the phones are seen, they are confiscated, and they are given back at the end of that day, 2nd time its seen, you need to bring a note, signed by your parents regarding the phone, third time, your parents have to come down to the office with you, and talk about things, and then you can have it back, and its the same for the rest of the times, oh yeah and if its being seen way too many times during classes, you are suspended, without your cell phone, but theres no way that they take it for the rest of the year
#19
Quote by vlp_dope
those mother****ers took my phone.......and my mom has to go get it....god how ****ing embarrassing im 18 years old ffs.


....So?

If it's in the rules/policy, you brought it on yourself.
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#20
I have a question very similar to this one. At my school, if an administrator takes up your cell phone, they say they will look at your photos to make sure that you don't have anything inappropriate on it, and you have to pay $15.00 to get it back. Is that legal?
#21
At the high school I went to, you weren't even allowed to have it on. If you got caught using it, they take it up, and you have to pay $15 to get it back.
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#22
Quote by vlp_dope
those mother****ers took my phone.......and my mom has to go get it....god how ****ing embarrassing im 18 years old ffs.


#23
at my school they usually let you take the sim card out and they are only allowed (legally) to keep it until the end of the working week (friday)
#24
Where i live...they will take it away for the rest of the term....and if you get sick in school and call someone to come for you via your cellphone...and your parent/guardian comes for you...they wont allow you to leave..you'd have to remain sick in school...and more crap happens after that
#25
Quote by The Madcap
I have a question very similar to this one. At my school, if an administrator takes up your cell phone, they say they will look at your photos to make sure that you don't have anything inappropriate on it, and you have to pay $15.00 to get it back. Is that legal?


Yes.

ANYTHING the school puts in the rules/policy is immeadietly legal.

A school is a federal building. Therefore, any rights you have (or think you have) are stripped until you leave that building, and off of the school's time.

The only thing they can't do is stuff that is easily criminal. Torture, murder, sexual/physical harassment, etc.
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#26
It doesn't matter if it's legal or not, either way they're not getting my phone. (well I'm in college now they're a lot nicer about it than my high school who confiscates phones if they even SEE them and issues a 3 or 5 day suspension depending on whether or not the student cooperates)
#27
Quote by The Madcap
I have a question very similar to this one. At my school, if an administrator takes up your cell phone, they say they will look at your photos to make sure that you don't have anything inappropriate on it, and you have to pay $15.00 to get it back. Is that legal?


I have no clue but your school system must be an asshat.

I'm pretty sure we have very few rights in the public school system, and that's bull****.

Yeah, I said it, that's bull****.
"The poor didn't want this one."
#28
If someone is using their phone or it rings during class often then I think that it makes sense to take it away, never mind whether it's legal or not. Some people are so dependent on their phones it's ridiculous. However if a teacher tries to confiscate it simply for bringing it to school then that to me is not cool.
#29
nah man at our school its worse...second offense is its gone all year. which is ****ing bull****. my phone fell out of my shorts cause well, lets be honest shorts just suck for carrying ****. Anyways i was in guitar class and it fell out and my guitar teacher took it away. so if that ever happened again it would have been gone for a whole year... luckily not all teachers are pricks and follow every rule or i would have been screwed.
#30
I'm not sure, but if someone cares enough, this may be something to look up.

Most schools (Or all, probably) give a student handbook containing the rules and what they're allowed to do to discipline you for it. For mine, it states for the school year. Considering we have to sign it each year we enter school, legally, that is how they are able to take your phone. Otherwise it is indeed stealing, unless you rightfully give it up.

However, think of it like this. Because we have to sign a form agreeing to it each year, it is only valid for that specific school year. Therefor, holding it during the summer until say the end of the next year is most likely not legal.

Also though, if you rightfully give it to a teacher, they can keep it forever. The second you rightfully hand something over, they didn't need to "steal" it, therefor they didn't. So my advice is, if you want to argue it, don't give it to your teacher. Don't let em have it.

But keep in mind, I am not a lawyer, and can't support any of this info as being the complete 100% truth right now.
#31
^ I'm a lawyer. Your argument is nonsensical.

You have no reason to use a cell phone in school. Human civilization spent thousands of years without having to be in constant communication with one another and it survived. Your all-important social life can survive the 7 hours or whatever you're in school.

Is it legal? Probably. There's no constitutional right to a cell phone. If you're stupid enough to not be able to comply with the rules, which you agree to implicitly by attending the school (some schools go so far as to have students and their parents sign their agreement with the student handbook) that's your fault. And no, it isn't stealing. Stealing denotes an intent to keep the item indefinitely.
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Last edited by Dirk Gently at Sep 23, 2007,
#32
^In our school, we only have to abide by the handbook given to us our Freshman year (IE What classes we have to take may change during the years, but we only have to take the ones our handbook from freshman year requires)
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#33
I'll actually try to give you a decent answer.

Laws involving the legal jurisdiction are complicated, because minors tend to have iffy legal status, and they vary a lot by jurisdiction. As a general rule though, they can rough you up and detain you and take things out of your possession, as long as you're at school and the parents don't object. They can take things from you and need only return them on the orders of your parents, in which case I don't believe the school can keep them, unless it's legally things they can confiscate, i.e. weapons, drugs, and probably porn. If your parents give consent though, the school can do pretty much whatever it'd like to.

Also they can control what you do, carry, etc. at school, and suspend you if you refuse to comply, regardless of what your parents say, which places you in a tricky legal situation. Probably won't get that far with a cellphone though.
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#34
Quote by fallenangel20
+1

Why would you need a cell phone during classtime anyway? I've never understood it.

If you need it after school, fine. Just turn it on when you get out of school.

There's no need in getting text messages and/or calls during class. It's entirely


But I need to cheat on tests duh haha, but yeah I've only done that once and it was really handy. But just keep it off and in your pocket, if theres an emergency they'll contact the school and the school will tell you. Cause I remember there was a big fire around my house and the whole neighborhood had to evacuate, and my phone was off and the fire department or whoever contacted my school and they brought me into the office to tell me.
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#35
Quote by Dirk Gently
^ I'm a lawyer. Your argument is nonsensical.

You have no reason to use a cell phone in school. Human civilization spent thousands of years without having to be in constant communication with one another and it survived. Your all-important social life can survive the 7 hours or whatever you're in school.

Is it legal? Probably. There's no constitutional right to a cell phone. If you're stupid enough to not be able to comply with the rules, which you agree to implicitly by attending the school (some schools go so far as to have students and their parents sign their agreement with the student handbook) that's your fault. And no, it isn't stealing. Stealing denotes an intent to keep the item indefinitely.
I don't want to just call "liar" about your being a lawyer but you seem off on a couple points.

Firstly, I can't just take your car because you don't have a "constitutional right to a car". I can't even take your HAT because you don't have a "constitutional right to a hat". Obviously hats and cars are treated differently under law, but the principal holds.

Also, I can't just take your car until the end of the day because I'm not planning to hold it indefinitely.

You're right about kids in high school not needing cellphones (though I think they should have the right to have them, and if they're disrupting class they should just be sent out of class). The point is, the reason schools can take your stuff isn't because "there's no constitutional right to a cellphone", or because students' social lives aren't important, it's because schools have extreme legal jurisdiction and minors have no rights.
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#37
I've seen teachers take away a cell phone that was ringing in a locker before. I think that that is unfair. It wasn't out during class or in the hallway, a teacher just took it out of the locker, and informed the student later.
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#38
Technically, it's illegal, yes, but the school doesn't see it that way.

Nobody, except your parents, the police, or the government have the right to take away a possession of yours, without your permission.
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#39
my school just takes them for the day then you get them back before you leave
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#40
Quote by PatchworkMan
It wouldn't be a problem if kids wouldn't have them on and use them in school. Young people these days are just like OH NOES I CANT GO 6 HOURZ WITOUT MAH TEKNOLOGEEZ!!!!!



It's 7 and a quarter hours 'round here.


But regardless.

When you're in school, during school hours, they can do whatever the fucck they want, basically.

Quote by pftyeaiplaybass
I thought that once you were 18 you were considered an adult and your own guardian?

Edit: And I really meant legal. I can understand it be taken for short periods of time or until an adult comes to get it, but not for a whole year.

...Of course it's fair. But I don't think it's legal if you're paying for it monthly.



If you're 18 and still going to school, you have to get signed consent from parents just to be able to call yourself in sick/leave early.
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Last edited by HaKattack at Sep 23, 2007,
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