http://www.askthejudge.info/the-fourth-amendment-applies-to-cell-phones/4012/ Answers for teens about the law Sat, 11 Feb 2012 23:21:46 +0000 hourly 1 http://wordpress.org/?v=3.3.1 http://www.askthejudge.info/the-fourth-amendment-applies-to-cell-phones/4012/comment-page-1/#comment-19981 Tigg Fri, 30 Sep 2011 14:53:34 +0000 http://askthejudge.info/?p=4012#comment-19981 this is good i need some more advise though <strong>Dear Tigg: We don't provide specific legal advice to individuals but if we can direct you to certain information, let us know. (This is information only - not legal advice). this is good i need some more advise though
Dear Tigg: We don’t provide specific legal advice to individuals but if we can direct you to certain information, let us know.
(This is information only – not legal advice).

]]> http://www.askthejudge.info/the-fourth-amendment-applies-to-cell-phones/4012/comment-page-1/#comment-18194 Donna Sparrow Tue, 28 Jun 2011 16:23:25 +0000 http://askthejudge.info/?p=4012#comment-18194 I am reading here that a police officer does not have the right to search through private text messages without consent or warrant, and I also read the rules applying to cell phone searches by high school staff. My son lost his cell phone AT school and the sheriff (each high school here has a full time officer on site) looked through his messages without consent or warrant. My son has no history of trouble, nothing linking him to any kind of criminal or drug activity, no criminal record, etc. They pulled him out of class, questioned him about one of the messages that read: "I got your stuff in my car", and threatened him that they could get a warrant for the last 18 months of text messages. He invited them to get that warrant. The "stuff" being referred to in the text message was my son's backpack and its average contents. My son is sixteen and we were never called or alerted to the situation by the school or officer involved. Does that officer have the right to search the messages of a phone found at school BEFORE he knows who it belongs to? <strong>Dear Donna: This whole area of the law is developing as we answer this. Each state is addressing the limits of searches regarding digital devices, particularly regarding students on campus. Since many schools have resource officers on the scene, check the school's Student Handbook for the rules about cellphones. The officer may have been within his authority in order to identify the owner of the phone. The standards for search and seizure are different for law enforcement as opposed to school officials. The latter need reasonable suspicion that a school rule or law has been violated, while the police need what is called "probable cause." You can always speak with a local lawyer about this incident and obtain advice as to how and if to pursue this any further. Good luck. (This is information only - not legal advice). I am reading here that a police officer does not have the right to search through private text messages without consent or warrant, and I also read the rules applying to cell phone searches by high school staff. My son lost his cell phone AT school and the sheriff (each high school here has a full time officer on site) looked through his messages without consent or warrant. My son has no history of trouble, nothing linking him to any kind of criminal or drug activity, no criminal record, etc. They pulled him out of class, questioned him about one of the messages that read: “I got your stuff in my car”, and threatened him that they could get a warrant for the last 18 months of text messages. He invited them to get that warrant. The “stuff” being referred to in the text message was my son’s backpack and its average contents. My son is sixteen and we were never called or alerted to the situation by the school or officer involved. Does that officer have the right to search the messages of a phone found at school BEFORE he knows who it belongs to?
Dear Donna: This whole area of the law is developing as we answer this. Each state is addressing the limits of searches regarding digital devices, particularly regarding students on campus. Since many schools have resource officers on the scene, check the school’s Student Handbook for the rules about cellphones. The officer may have been within his authority in order to identify the owner of the phone. The standards for search and seizure are different for law enforcement as opposed to school officials. The latter need reasonable suspicion that a school rule or law has been violated, while the police need what is called “probable cause.” You can always speak with a local lawyer about this incident and obtain advice as to how and if to pursue this any further. Good luck.
(This is information only – not legal advice).

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