QUESTION
Can a school search a child's ipod if they do not give consent/password?
Asked on Feb 14th, 2013 on Litigation - South Carolina
More details to this question:
A child's ipod was taken for using it at a private school. Prior to this, the teacher saw the child enter his password over his shoulder. When the ipod was confiscated, it was locked. The teacher then used the password he saw typed in to search the child's ipod. Is this legal?
7 ANSWERS
Ronald A. Steinberg
If it is a private school, then it is probably legal. You will have to review all of the paperwork you undoubtedly had to sign to get your child into the school. Schools, especially private schools, have strict "honor" codes, etc. and if the teacher was suspecting any cheating or other violations of the rules, then they do have some leeway. It could be different in a public school, but private schools can make their own rules.
Answered on Feb 21st, 2013 at 11:28 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Two different questions. First, since this is not a public school, the right to privacy is not the same. You probably consented to the school looking at the iPod. Second, the child did not protect the password and it became public knowledge. So no, there does not appear to be a violation of the law.
Answered on Feb 18th, 2013 at 11:10 PM
I can't say for sure, but I would think if something is brought onto the school district's property it can be searched. But let me ask you this, what was on the iPod that is so concerning? Why as a parent aren't you supporting the teacher?
Answered on Feb 18th, 2013 at 1:33 PM
Michael J. Breczinski
This may depend on all the conditions of attending that private school. It may include searches like this.
Answered on Feb 18th, 2013 at 1:32 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Since it's a private school, I'd say yes they can.
Answered on Feb 17th, 2013 at 9:27 PM
No, that should be illegal as an unjustified invasion of privacy. You should report it to the head master of the school. But if you do so, the teacher may take it out on your child, even on a subconscious level. And your court damages would be very little and not worth the effort of filing in Small Claims Court.
Answered on Feb 17th, 2013 at 8:25 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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I do not know a specific law that was violated, but it may violate some law. There is a type of lawsuit called invasion of privacy that might apply, although you would have to have damages for such a suit to be viable.
Answered on Feb 17th, 2013 at 7:52 PM