I just read it on Newsweek magazine .. it's pretty interesting to see how this play out in court. I thought kids are smarter than their parents' generation with all these advanced technologies but I guess no matter what's out there, kids today are still so naive and stupid. http://www.newsweek.com/id/184814
well... for one thing... how can u charge the kids for distributing child pr0n when the phone was confiscated by a teacher, than illegally searched through w/o consent? just curious... oooo and yeah kids are quite dumb these days...
well now..... i'm not surprised by this happening..... kids having sex at early ages is quite normal in today's society.....
A minor cannot give consent, as they have no legal ability to do so unless they're emancipated. The adult parent of guardian has the legal authority; but at the time that the child was in school, the teacher can be arguably considered the legal guardian, which is what gives them the right to confiscate the phone in the first place. While this view may not withstand a de jure review, it is the de facto understanding in most schools, that the teacher (or in this case the pricipal) is the adult with legal responsibility for the child. That stated, it's a very fine line to be drawn here. Parents have argued ad infinitum over school control issues for generations. Ultimately, while teachers cannot have absolute custodial rights over a child, the bulk of such search and confiscation actions have always been looked upon by courts as being in the child's best interests, unless the search was highly unreasonable, illegal, and questionable in intent (eg body cavity search). If however, the intent appears to be one of a teacher acting with due diligence, when time is of the essence, in safeguarding the student; courts have generally granted tremendous leeway for educators to act. However, I agree that it remains a tremendous legal gray area that should be better discussed and explored.
