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 Idaho, the regulation of cell phone use in schools is primarily determined by individual school districts, as there is no specific state statute that comprehensively governs this issue. However, any policies implemented by schools must comply with the Fourth Amendment to the United States Constitution, which protects students from unreasonable searches and seizures. This means that if a school official or police officer wants to search a student's cell phone, they must have a reasonable suspicion that the phone contains evidence of a crime or a school rule violation. The standard for what constitutes reasonable suspicion in schools is generally lower than in other settings due to the need to maintain a safe educational environment. Additionally, Idaho's education statutes may provide guidance on student rights and disciplinary procedures, but they do not explicitly address cell phone use. Schools that choose to restrict or prohibit cell phone use during school hours must ensure that their policies are clearly communicated and do not infringe on students' constitutional rights. Confiscation of cell phones and subsequent searches can lead to lawsuits if they are deemed to violate students' rights, and courts will evaluate such cases based on the specifics of the situation and prevailing legal standards.