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 Washington State, the regulation of cell phone use in schools is primarily determined by individual school districts, which may create policies that restrict or allow cell phone use during school hours. These policies must balance the benefits of cell phone use for educational purposes and communication with the potential for distraction, cheating, and other harmful behaviors. Washington State law does not have a specific statute that governs the use of cell phones in schools statewide, leaving the matter to local discretion. However, any searches of student cell phones by school officials are subject to the Fourth Amendment, which protects against unreasonable searches and seizures. School officials must have a reasonable suspicion that a law or school policy has been violated before searching a student's cell phone. The standard for what constitutes reasonable suspicion in schools is lower than the probable cause requirement for police, but it still requires more than a mere hunch. If a search is conducted, it must be reasonably related in scope to the circumstances which justified the interference in the first place. Confiscation of cell phones by school officials can lead to legal challenges, and schools must ensure their policies comply with constitutional protections. In cases where police are involved, the legal standards for searching a cell phone may be higher, potentially requiring a warrant.