Back in my day (which was so long ago that I’m not going to betray my age by telling you when exactly), if you were a high school student in class and you got caught with your cellphone out, the teacher can casually stroll over and just straight up yank it out of your hand. That’s just the way things were, and honestly, back in the days before apps and smartphones and, heck, even before BlackBerry Messenger (yeah, I’m THAT old that I predate BBM!), losing your phone was, at worst, a minor inconvenience.
But in an age where pretty much every teenager is glued to their screens, having their smartphone taken away can put a huge damper on their day. Of course, that doesn’t defend the fact that you’re really not supposed to use your phone in class anyway (stop defending it, kids), but the question remains: can a teacher take your phone? Is it even legal? Let’s take a look.
Can a Teacher Take Your Phone During Class?
The exact laws might vary from state to state, and even from school to school, but in general, yes, a teacher CAN confiscate your phone, especially if it’s in violation of specific school policy. In fact, it’s most likely written down in your student handbook, or in the contract, you sign with the school when you enroll. It sucks, I know, but really, it’s for your own good: cellphones can, and often are, be big distractions to schoolwork, not to mention encourage cheating if you’re in an exam.
Yes, cellphones are private property, but because of the contract you agreed to at the beginning of the school year, you’re bound to respect the policies of the school, which most likely include you agreeing to certain disciplinary actions like having your things confiscated should you violate certain rules and regulations.
But confiscation should be the end of it: whether it’s for the remainder of the class or the remainder of the day (and in some rare, and in my opinion unfair, circumstances, a week), teachers need to give you back your private property.
And what can they do with your property while it’s in their position? Absolutely nothing. Teachers CAN confiscate your phone, but it is ILLEGAL for them to go through the contents of your phone without YOUR explicit permission. Heck, they’re not even allowed to unlock the screen!
When Can Teachers Look Through Your Phone?
Generally, they can’t. Teachers have every right to seize your phone, but they have NO right to go through its contents unless you give them permission. It is illegal for a teacher to go through the private contents of your cellphone without your consent, and it is illegal for them to force you to do it yourself.
There are, of course, exceptions: in California, for example, state law allows for teachers to search a student’s phone during an emergency situation “involving danger of death or serious physical injury to any person [that] requires access to the electronic device information”. Of course, it’s for a teacher to decide whether the situation they’re in would qualify as a dangerous situation, and if you disagree, you can bring the matter to a judge.
Another way that your phone can be searched without your permission is if a judge issues a search warrant for your phone due to “probable cause” that the phone contains a crime or evidence of a crime.
In the case of the latter, however, even with a search warrant, a teacher CANNOT search your phone; the search must be undertaken by a “duly sworn law enforcement officer”, i.e. the police. The search can also only be conducted in aiding an investigation, and nothing else.
So if you haven’t committed a crime/there is no search warrant, and you feel like you haven’t put yourself or anyone in your vicinity in any kind of ‘emergency’ situation, then your teachers cannot legally search your phone’s contents. And if they do, tell your parents, or even, the police.
Is it a Normal School Policy to Ban Cellphone Usage?
In general, schools usually ban the use of cellphones in class. Some schools will even ban their usage on school grounds. Most of these policies are outlined in your student handbook, and you’re informed of this when you enroll. In most situations, you’re usually given a contract to sign acknowledging the rules and regulations, and agreeing to be subject to the school’s disciplinary actions should you break any of the rules.
That being said, any ‘contract’ that a school makes with a minor is null and void if it’s not signed in front of a parent or a legal guardian. Schools will most often avoid the use of the word ‘contract’ during these situations as this implies a legally binding document.
There is, however, a growing movement in the education industry to completely ban the use of cellphones and smartphones in school for students and teachers alike (save for certain, emergency situations), citing both academic and safety reasons. It’s not the most popular law, but it does make sense: smartphones are very distracting to schoolwork, and while most kids will use their phones for innocuous things like messaging, it can also, unfortunately, be a breeding ground for cyberbullying.
Technology in the Classroom?
In my opinion, completely banning smartphones in school is unnecessary; there’s a place for this piece of tech in the classroom, and when used correctly, it can be a very modern way to learn about lessons.
The operative term, however, is ‘used correctly’; its incumbent upon academic institutions to get with the times and find ways to integrate modern technologies and trends in such a way that it benefits students and their learning process. With technology being part and parcel of the 21st century, it would be almost irresponsible for schools to not include smartphones and other digital aids into their lesson plans.
That being said, it’s also incumbent on students to use that technology responsibly. So, remember kids: if you’re going to use your phone in class, make sure it’s to look something up from your lesson, not just so you can take a TikTok (no matter how funny it is!).