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 Virginia, the use of cell phones in schools is subject to both state and federal regulations. The Fourth Amendment of the U.S. Constitution protects students from unreasonable searches and seizures, which includes the search of cell phones. Virginia state law allows local school boards to regulate the use of cell phones in schools. School policies may prohibit or limit the use of cell phones during school hours to prevent distractions, cheating, and other harmful behaviors. However, any search or confiscation of a student's cell phone must be conducted in a manner that complies with constitutional protections. This means that a school official may only search a student's cell phone if there is a reasonable suspicion that it contains evidence of a violation of school rules or the law, and the search must be proportional to the suspected violation. Confiscation of cell phones can lead to lawsuits if it is deemed that a student's rights have been violated. Therefore, schools in Virginia must carefully craft their cell phone policies and ensure that any searches or confiscations are legally justified.