Chapter 5 Exam Answers
For each of the following case scenarios indicate which party is most likely to prevail:
1) ___ Mark, a high school freshman, had his cell phone out of his book bag in Mr. Wright’s
English class, in violation of school policy. Consistent with school policy, Mr. Wright seized
Mark’s phone. Mark was told he could pick up the phone after school. In checking Mark’s cell
phone contents, however, Mr. Wright was quite surprised to find evidence of cheating and other
violations of school rules because Mark has otherwise been a model student. Based on the
evidence found on his phone, Mark was suspended from school and subjected to academic
sanctions for cheating. Mark (P) sues school officials (D) claiming an unlawful search.
P (pp. 200; 231). A search and a seizure are two legally distinct events. Mark’s cell
phone was lawfully seized because he violated school policy by having the phone out in
class. But the search of the phone’s contents after it was seized was not justified in its
inception, making the search unlawful (see, the T.L.O. test p. 207). Even though Mark
had broken the cell phone rule, there was no legitimate reason for Mr. Wright to search
the contents of his phone (i.e., this was a “fishing expedition” by a government agent, and
not based on any reasonable grounds to believe that a search would produce evidence of
wrong doing. Even Mr. Wright, the government agent conducting the search, was
surprised to find evidence of wrong doing). Absent articulable evidence of reasonable
suspicion, Mr. Wright should have just seized and secured the phone. Individual’s
personal papers and effects are clearly protected under the Fourth Amendment. Today
these rights extend not just to paper letters and leather purses, but also to private
electronic versions of these papers and effects. Personal electronic devices have become
commonplace tools in daily life for adults and children, often replacing traditional paper
versions of written letters, notes, pictures, calendars, etc. Although unknown to the
Founders, it is reasonable to hold that the contents stored in individuals’ personal
electronic devices are the modern electronic equivalents of the “papers, and effects” the
Founders envisioned as protected under the Fourth Amendment from unjustified
government intrusions. These electronic files receive the same constitutional protections
accorded to hard copies of private documents. While the contents of electronic devices
may be protected, consistent with state law and local policy school officials may lawfully
prohibit students from having or using cell phones or other electronic devises in school.
If a cell phone or other device is lawfully confiscate during school hours, however, that
does not grant school officials a legal license to go on a “fishing expedition” through the
student’s private electronic device. School officials may only search the contents of
students’ personal electronic devices if there is sufficient justification to do so under the
guidelines established in T.L.O. The scope of the search cannot exceed the parameters of
the justification for the search. If there is only reasonable suspicion for searching recent
text messages, for example, older saved messages or stored photos should not be
searched. If there is no valid cause to search the electronic device, the device should be
secured and returned to the student or parent consistent with school policy. The legal
right to seize does not automatically grant a right to search.
