Hey guys, quick legal question...

Started by Cartierline, March 05, 2020, 12:10:41 PM

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Cartierline

March 05, 2020, 12:10:41 PM Last Edit: March 05, 2020, 12:10:51 PM by Cartier
Is a school legally allowed to search a child's phone for any reason?

Need to know before this meeting tomorrow?

:supluv:

Gilgamesh.

No but I think they can confiscate it.



United Nations Barbie 🇺🇳

Did they go through the phone with the child? They might've tricked him/her into having them go through the phone together.




Cartierline

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.

Cartierline

March 05, 2020, 12:15:03 PM #5 Last Edit: March 05, 2020, 12:15:24 PM by Cartier
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.

reekz

No but they can take it from the child for the parent to pick up

United Nations Barbie 🇺🇳

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..



Cartierline

March 05, 2020, 12:28:19 PM #8 Last Edit: March 05, 2020, 12:28:35 PM by Cartier
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:

Cartierline

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.

❄️☃️🌨� Shuji Feels Different 🌨�☃️❄️

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.

Opposites Attract.

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. 


It's unconditional, these days you know....

I. Hate. Monica.

Yah cart' laws are different everywhere you need to check your local mess before these girls (glock's dumb self) get you caught up 

Cartierline

jhsjhfd yeah guys I've been reading up on UK law, I just wanted a general consensus mess

:popeyes:

Cartierline

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.