“If the school policy states “no cell phones out in class”, then the teacher has a perfect right to confiscate the phone.”
Someone’s or some Org’s policy does not trump law or the constitution... The kid very well may have had a “policy” as well. “your not allowed to take me phone”.
So, no it doesn’t give them the right to do anything. Through him out, that’s all...
If your going to give up your rights to somebody’s policies, I feel sorry fo you.
Sorry, but you don’t know what you’re talking about. A student has no right to a cell phone on campus, and a teacher is well within his rights to take it. No 5th Amendment rights are implicated at all. There has been no “taking” and the student has not been “deprived” of anything by having his phone confiscated for an hour or a day.
There is NO constitutional right to violating school rules or disrupting a class by using your cell phone or cheating on a test by using your cell phone. There is NO violation of the 4th amendment if the cell phone is out and visible and in use against school policy, and particularly if it is only confiscated and not having its messages read. Sorry, fella.
Your children must feel very empowered knowing that you’ll never take anything from them, nor approve of any adult charged with there care, taking anything from them.
How about a $500 fine for the parents then, since you feel queasy with allowing a teacher any judicial leeway in petty matters.