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 Missouri, the regulation of cell phone use in schools is primarily determined by individual school districts rather than a statewide statute. Schools may implement policies that restrict or allow the use of cell phones during school hours based on their discretion. These policies often aim to balance the educational benefits of cell phone use with the potential for distraction and misconduct. When it comes to searches of student cell phones, the Fourth Amendment to the U.S. Constitution protects students from unreasonable searches and seizures. This means that a school official or police officer may only search a student's cell phone if they have reasonable suspicion that it contains evidence of a crime or a school rule violation. The standard for what constitutes reasonable suspicion can be complex and is often evaluated on a case-by-case basis. If a school confiscates and searches a student's cell phone without meeting the legal requirements for a search, it could lead to lawsuits challenging the action on constitutional grounds. Missouri schools that choose to regulate cell phone use must ensure their policies and actions comply with the Fourth Amendment and relevant court rulings to avoid legal challenges.