Cell Phone Searches Only With A Warrant Or With Student Permission
To protect privacy and free speech in the digital age, California schools and other government entities must have a warrant or permission from you before they can search your cell phone, personal electronic devices, emails, social media websites, text messages, metadata and location digital information.
S. B. 178, 1/1/16, P. C. 1546 – 1546.4
2014 United States Supreme Court
Cell Phone Searches
Police cannot search cell phones without a warrant or an immediate threat of danger.
U. S. Supreme Court, Riley vs. CA, 200 U. S. 321, 337, 6/ 25/14
Searches of Phone Messages And Texts Are Unconstitutional
In a letter to the Board President of Linden Unified Schools, Linden CA, The ACLU of Northern California, on behalf of student Justin Tomek, explained that the searching of his cell phone, by school people, and the reading of his text messages violated his rights on the grounds of unreasonable search and seizure.
The district agreed to rewrite its policy to conform to constitutional requirements and to instruct school personnel to follow the policy.
- Fourth Amendment Of The United States Constitution
- California Constitution: See, http://www.aclunc.org/
- ACLU Letter to Linden School District, 3/3/08
2011 ACLU Report: H-E-L-L-O
Students Have A Right To Privacy In Their Cell Phones
See the ACLU Report see at:
http://www.scribd.com/doc/78076443/Hello-Students-Have – a-Right-to-Privacy-in-Their-Cell-Phones
See a summary article of the ACLU Report at:
Cell Phones – Rights, Regulations And Medical Needs
School Boards may regulate the possession or use of any electronic signaling device by students. Students shall not be prohibited from using cell phones that a physician says is need for their health.
E. C. 48901.5, S. B. 1253, 8/28/02
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