Illegal searching?

scythed

Let's say your phone was taken by a school and searched. If they find anything illegal on the phone or not, is searching it in the first place without a warrant or permission from the owner an illegal search? Happened a friend and I'm doing research and I cant find anything on it.

Bepolite

I'm not suggesting for one second that this is the case but if pictures/videos of a certain nature were on the phone get your friend along to a solicitor. Unfortunately the teenage predilection has resulted in some content arriving on mobiles which potentially could result in life long consequences. I wouldn't be entrusting my future to my classmate's reading of the Constitution.

TL : DR - Solicitor, pronto.

Little CuChulainn

The seizure of the phone would likely be in the disciplinary code but I doubt a search could be justified. That wouldnt prevent them giving it to the gardai though. Reminds me of a case a while back where a burglar discovered child porn amongst his haul and subsequently handed it and himself in.

Bepolite

Little CuChulainn wrote: »

The seizure of the phone would likely be in the disciplinary code but I doubt a search could be justified. That wouldnt prevent them giving it to the gardai though. Reminds me of a case a while back where a burglar discovered child porn amongst his haul and subsequently handed it and himself in.

Any link, interesting read I imagine.

Manach

As an FYI for OP, a somewhat similar thread on confiscating school items: http://www.boards.ie/vbulletin/showthread.php?p=91901331

Ken.

Bepolite wrote: »

Any link, interesting read I imagine.

http://www.independent.co.uk/news/world/europe/burglar-steals-video-tapes-of-child-abuse-hands-them-into-police-9017867.html


A burglar turned part of his haul over to police after discovering the video tapes he had taken depicted graphic scenes of child abuse.

A 64-year-old suspected paedophile has now been arrested in Southern Spain following the tip off from the thief “with a conscience”, police in the city of Jean said.

..............
When police searched the suspect’s home, further tapes showing sexual abuse of young boys were found.

He had reported the robbery and listed a number of stolen items, but had not mentioned the camera or tapes, police said.

In a similar case, a British man was jailed for three and half years in 2009 after the thieves who stole his laptop found child pornography on the device and turned it over to police.

the world wonders

scythed wrote: »

Let's say your phone was taken by a school and searched. If they find anything illegal on the phone or not, is searching it in the first place without a warrant or permission from the owner an illegal search? Happened a friend and I'm doing research and I cant find anything on it.

There are two separate questions here:

1. Can the school search your phone?
2. Can the school report evidence found by searching your phone to the police?

Answer to 1. is yes -- schools have wide-ranging powers to act "in loco parentis"; "illegal searches" applies only to law enforcement not to your parents. Answer to 2. is also yes -- it's easy to imagine situations where a school would be insanely negligent not to report an impending crime to police.

conorh91

the world wonders wrote: »

There are two separate questions here:

1. Can the school search your phone?
   
   […]
   Answer to 1. is yes -- schools have wide-ranging powers to act "in loco parentis"; "illegal searches" applies only to law enforcement not to your parents.

I'm not sure that the school's loco parentis rights extend to searches of the child's or family's property. Intuitively, loco parentis rights and obligations must fall considerably short of those of the parents. I'd be interested in learning where the line is.

I'm not saying you're wrong, I'm just wondering what information you're using.

Victor

There may be a right to privacy.

the world wonders wrote: »

schools have wide-ranging powers to act "in loco parentis"

Not all school students are children - those over 18, married (rather rare), etc.

Peregrinus

All depends on the circumstances, but it is easy to envisage a situation in which a parent is justified reading texts, examining pictures, etc on a child's phone. And, in the right circumstances, a school can do anything (in the way of discipline) that a parent can.