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Lounge => General Discussion => Topic started by: Cartierline on March 05, 2020, 12:10:41 PM

Title: Hey guys, quick legal question...
Post by: Cartierline on March 05, 2020, 12:10:41 PM
Is a school legally allowed to search a child's phone for any reason?

Need to know before this meeting tomorrow?

:supluv:
Title: Re: Hey guys, quick legal question...
Post by: Gilgamesh. on March 05, 2020, 12:11:46 PM
No but I think they can confiscate it.


Title: Re: Hey guys, quick legal question...
Post by: United Nations Barbie 🇺🇳 on March 05, 2020, 12:13:13 PM
Did they go through the phone with the child? They might've tricked him/her into having them go through the phone together.
Title: Re: Hey guys, quick legal question...
Post by: GLOCK on March 05, 2020, 12:13:48 PM
God no. 
Title: Re: Hey guys, quick legal question...
Post by: Cartierline on March 05, 2020, 12:14:10 PM
Quote from: Gilgamesh. on March 05, 2020, 12:11:46 PM
No but I think they can confiscate it.
Yeah I'm fine with confiscation, but these cracker teachers at my little sister's school went through her phone with no justifiable reason to do so and I'm PISSED about it.
Title: Re: Hey guys, quick legal question...
Post by: Cartierline on March 05, 2020, 12:15:03 PM
Quote from: TinaSnow on March 05, 2020, 12:13:13 PM
Did they go through the phone with the child? They might've tricked him/her into having them go through the phone together.
She gave up her phone to them, but she's only 11 so she had no idea what her rights were.

From what she said, it sounds like they intimidated her into giving the phone to them.
Title: Re: Hey guys, quick legal question...
Post by: reekz on March 05, 2020, 12:22:12 PM
No but they can take it from the child for the parent to pick up
Title: Re: Hey guys, quick legal question...
Post by: United Nations Barbie 🇺🇳 on March 05, 2020, 12:22:50 PM
Quote from: Cartier on March 05, 2020, 12:15:03 PM
Quote from: TinaSnow on March 05, 2020, 12:13:13 PM
Did they go through the phone with the child? They might've tricked him/her into having them go through the phone together.
She gave up her phone to them, but she's only 11 so she had no idea what her rights were.

From what she said, it sounds like they intimidated her into giving the phone to them.
I figured that was the case, kids feel helpless and don't want to be disrespectful in situations like this. For future reference for whenever a staff member asks her to forfeit an item of hers, tell her to say that she has no problem doing so but that she'll need to speak to a parent/guardian before she hands a personal item over. That absolves her from insubordination and doesn't put her in a compromising position.

I believe there would have technically been no wrongdoing if they asked to go through her phone together with them as she scrolls. Did they go through it privately? If so, I don't believe they can use anything they found against her..
Title: Re: Hey guys, quick legal question...
Post by: Cartierline on March 05, 2020, 12:28:19 PM
Quote from: TinaSnow on March 05, 2020, 12:22:50 PM
Quote from: Cartier on March 05, 2020, 12:15:03 PM
Quote from: TinaSnow on March 05, 2020, 12:13:13 PM
Did they go through the phone with the child? They might've tricked him/her into having them go through the phone together.
She gave up her phone to them, but she's only 11 so she had no idea what her rights were.

From what she said, it sounds like they intimidated her into giving the phone to them.
I figured that was the case, kids feel helpless and don't want to be disrespectful in situations like this. For future reference for whenever a staff member asks her to forfeit an item of hers, tell her to say that she has no problem doing so but that she'll need to speak to a parent/guardian before she hands a personal item over. That absolves her from insubordination and doesn't put her in a compromising position.

I believe there would have technically been no wrongdoing if they asked to go through her phone together with them as she scrolls. Did they go through it privately? If so, I don't believe they can use anything they found against her..
See, even this would've been somewhat OK. I just don't understand how they had the AUDACITY to scroll through her private mess like that.

And apparently, the phone was handled by them while she was in the room with them AND they took notes on what they found. Dumb ass crackers even asked her what 'bruh' means :kii: :kii:
Title: Re: Hey guys, quick legal question...
Post by: Cartierline on March 05, 2020, 01:03:53 PM
Quote from: Gifted. on March 05, 2020, 12:41:12 PM
If your sister unlocked the phone for them, then am sorr', that's her pretty much giving them authorization to investigate and mess.
Hmm but my problem is that she was coerced into unlocking it. She's only a kid and they clearly used that against her because she thought she was in trouble.
Title: Re: Hey guys, quick legal question...
Post by: ❄️☃️🌨� Shuji Feels Different 🌨�☃️❄️ on March 05, 2020, 01:18:32 PM
Quote from: Gifted. on March 05, 2020, 12:41:12 PM
If your sister unlocked the phone for them, then am sorr', that's her pretty much giving them authorization to investigate and mess.

Not true. The act of them going through her phone is in itself ILLEGAL. A minor cannot consent to having his/her legal rights infringed upon. The same way a minor cannot sign a contract. Say, for instance, a child is tricked into signing away his/her inheritance via contract. That contract will be easily invalidated by the Courts. His sister couldn't legally consent to the search of the cell phone.
Title: Re: Hey guys, quick legal question...
Post by: Opposites Attract. on March 05, 2020, 02:29:04 PM
It's illegal for them to go through her phone. If police officers have to get a warrant to search a phone why would school think they could just bypass that. Schools need to obtain a warrant as well. 
Title: Re: Hey guys, quick legal question...
Post by: I. Hate. Monica. on March 05, 2020, 02:30:27 PM
Yah cart' laws are different everywhere you need to check your local mess before these girls (glock's dumb self) get you caught up 
Title: Re: Hey guys, quick legal question...
Post by: Cartierline on March 05, 2020, 02:57:19 PM
jhsjhfd yeah guys I've been reading up on UK law, I just wanted a general consensus mess

:popeyes:
Title: Re: Hey guys, quick legal question...
Post by: Cartierline on March 05, 2020, 02:58:24 PM
Quote from: Gifted. on March 05, 2020, 02:35:36 PM
in the UK...

If a teacher asks to see a students phone, a student has the right to say no.
however, if the student agrees to it, then the teacher is not at fault and has the right to view the phone.
But the circumstances involving the student agreeing to the mess should also be taken into account, no? My sister said they lowkey threatened her with police intervention.
Title: Re: Hey guys, quick legal question...
Post by: 'ology on March 05, 2020, 03:39:59 PM
Quote from: MCMXCVI. on March 05, 2020, 02:29:04 PM
It's illegal for them to go through her phone. If police officers have to get a warrant to search a phone why would school think they could just bypass that. Schools need to obtain a warrant as well.
!!!!!!!!!
They basically threatened her and scared her into doing it.
Title: Re: Hey guys, quick legal question...
Post by: GLOCK on March 05, 2020, 03:42:28 PM
ZAN doesn't know shit 
Title: Re: Hey guys, quick legal question...
Post by: ❄️☃️🌨� Shuji Feels Different 🌨�☃️❄️ on March 05, 2020, 03:47:14 PM
Don't know why I thought you were a US gorl. The following link answers your question directly. Pages 8 - 13.

https://www.gov.uk/government/publications/searching-screening-and-confiscation
Title: Re: Hey guys, quick legal question...
Post by: Amazing on March 06, 2020, 03:10:04 AM
The important question is... What did they find?
Title: Re: Hey guys, quick legal question...
Post by: United Nations Barbie 🇺🇳 on March 06, 2020, 06:31:42 AM
Quote from: Syleena on March 06, 2020, 03:10:04 AM
The important question is... What did they find?
:unsure: