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  1. #1
    Join Date
    Sep 2011
    Posts
    1

    Default Cell Phone Confiscated

    My question involves civil rights in the State of: Indiana. Here's my question: My daughter had her cell phone confiscated at school. I have no problem with that if she had it out during school hours. My question is can they keep me, the parent, from getting the phone back? They say I can not pick the phone up till she does detention on Thursday. That is the only day kids can do detention at our school. So they are holding the phone for up to a week and I the parent can not pick it up till after she serves detention. Is this legal?

  2. #2
    Join Date
    Sep 2011
    Location
    California
    Posts
    2

    Default Re: Cell Phone Confiscated

    i dont believe this is illegal, but i also dont think its right, your the parent and is very capable of making the decision to give it back to your daughter or not. maybe you should go into the school, talk with the principal and see what he/she has to say, i dont think they should hold a cell phone until detention is served, but make sure the detention is served.

  3. #3
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Cell Phone Confiscated

    Yeah... what you believe to be morally right and/or wrong has little worth on a site for legal advice.

    Most important to this discussion is exactly what the language in the student handbook says about this situation.

  4. #4
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Cell Phone Confiscated

    A lot of schools have fines that can be paid or the phone is returned after a certain amount of time.

    I don't think it is right personally but that means nothing, however, this issue has already been tested in court a number of times and the schools have always won.

    Thus, there is no precedent you could use to argue much less use in court, even if you were willing to spend thousands of dollars to prove a point. You would lose.

  5. #5
    Join Date
    May 2008
    Posts
    111

    Default Re: Cell Phone Confiscated

    This is a tough one. My school, (in SC) would keep your phone 2 weeks for the first offense, 6 months for the 2nd, and for the 3rd they would hold it until graduation. Most kids began giving them old, beat up phones, if their actual one went off.

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