Q: Can a school confiscate a student's cell phone, refuse to give it back?
About 2 weeks ago, my phone was confiscated from George Washing Carver high school in Sacramento. My parents cannot come and pick it up from the school, because they get off work at around 6:00 PM, and the school closes at around 3:15 PM. They refuse to give it back to me at the end of the day, they also know that my parent cannot come and pick it up. The staff at the school claims that they will give it back at the end of the school year, but I cannot wait that long; For I use the phone for contacting my father on the way home for safety purposes (I take the Light Rail and he likes to do check-ups on me). Is it legal for them to keep my property for this long and refuse to give it back until the end of the year? Thank you.
A: I can understand confiscating it if you've violated a school rule re: cell phone use and returning it to you at the end of the day with a warning that next time you may face suspension; but I don't see any legal basis for them to hold your property for such an extent of time. Your parents should contact the school to retrieve it, or contact the school in writing to make it happen. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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