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 Louisiana, the regulation of cell phone use in schools is primarily determined by individual school districts, but it must align with constitutional protections and state statutes. The Fourth Amendment of the U.S. Constitution protects students from unreasonable searches and seizures, which includes searches of cell phones. This means that any search conducted by school officials must be reasonable in scope and justified at its inception. Louisiana law does not have a specific statute that governs the use of cell phones in schools, so local school policies typically dictate the permissible use of cell phones on school grounds. These policies often balance the benefits of cell phone use for educational purposes with the need to prevent distractions and misconduct. Schools in Louisiana may implement measures such as prohibiting cell phone use during class or confiscating cell phones if used inappropriately. However, any searches of student cell phones by school officials or police must be conducted in a manner that complies with the Fourth Amendment, and students or parents may challenge policies or actions they believe violate their rights through lawsuits.