There are benefits to students using cell phones (also known as mobile phones) at school. Some teachers use cell phones and educational apps to facilitate learning. And parents like the convenience and safety of using cell phones to communicate with their children during and after school.

But student access to phones at school can also create distractions and cause harmful behavior by:

• highlighting social and economic status;

• facilitating sexual harassment and child pornography (taking and sharing inappropriate photos);

• facilitating bullying and other harmful behavior; and

• facilitating cheating.

In response to these problems, some schools have prohibited cell phones during school hours and have confiscated the cell phones of students who violate these policies. These actions have resulted in lawsuits challenging the policies and actions—usually on constitutional and state statutory grounds (education statutes). Laws and court rulings have varied from state to state.

Searches of Student Cell Phones

And because students use cell phones to communicate and take photos, cell phones may often contain evidence of criminal or other misconduct. Teachers and school officials (and sometimes police officers) are often inclined to confiscate and search a student’s cell phone if they believe it may contain evidence of criminal or other inappropriate behavior.

Searches of student cell phones are generally governed by the Fourth Amendment to the United States Constitution and related court opinions regarding search and seizure law—which is categorized as criminal procedure law in the U.S. legal system.

In California, the regulation of cell phone use in schools is primarily determined by individual school districts, but it must comply with state and federal laws. California's Education Code Section 48901.5 allows schools to regulate the use of electronic signaling devices, such as cell phones, as long as the policy is adopted by the local governing board and includes certain provisions. Schools can prohibit the use during school hours and confiscate devices if the policy is clear and students are informed. However, any searches of student cell phones by school officials must adhere to the Fourth Amendment, which protects against unreasonable searches and seizures. The standard applied is the 'reasonable suspicion' standard, which is less stringent than the 'probable cause' standard used for law enforcement. This means that a school official may search a student's cell phone if there is reasonable suspicion that the search will uncover evidence of a violation of the law or school rules. The California Supreme Court has ruled that the reasonableness of a search is determined by balancing the student's right to privacy against the school's need to maintain order and discipline. Any evidence of criminal activity found on a student's cell phone may be turned over to law enforcement, and schools may work with police under certain circumstances. However, schools must be cautious not to infringe on students' constitutional rights, and policies regarding cell phone searches must be clearly defined and communicated to students and parents.