Q: My school-borrowed device was confiscated for a meme in the camera roll. Is it legal for the vice principal to Search?
I’m 13 and I just want to know if it’s legal for my school to search my stuff. I consider it unreasonable, so to me it violates the fourth amendment to the constitution. Also I think it’s a violation of the 1st amendment because freedom of speech and expression.
A:
As a minor, your rights under the constitution of the United States of America have not fully matured yet. Your rights until you turn 18 years old flow through your parents. Yet you do have rights against unreasonable search and seizure of your personal items. However, since the thing you borrowed was not your personal property, but the school's, you did not have the same rights to privacy as you might otherwise have had in your own personal property.
Unfortunately, you haven't provided any details about what was searched, or where it was at the time of the search. You indicate that you had a "device" which you borrowed from your school. Since that was school property, it could be searched at any time upon demand for its return, especially by a vice principal. It could also have been searched while it was still in your possession to make sure no improper use was being made of the camera.
The lesson is that you don't put disallowed material on a school camera which you are borrowing. The question whether the "meme" itself was improper will be guided by the permission you were granted at the time the thing was loaned to you, in accordance with school policy.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
