Makayla Hardy & Chelsea Wallace STAFF WRITERS

When Bingham students begin their classes they are given a disclosure that explains the rules of the classroom, as well as the school's policy. Usually the disclosures convey that if a student's phone is out during class, it will be taken away. However, neither the disclosures nor the Jordan School District's policy say anything about the Vice Principals actually searching the phones. The policy is that teachers and staff are supposed to give them to the administration, and in order to get the phone back a parent is required to come pick it up. Vice Principal Dennis Edmunds explained, "We have parents come and get the cell phones so we can initiate a conversation about the school's cell phone policy. We do not search cell phones unless we have a reason to, example , if we suspect someone of doing or dealing drugs we will search their phone ." Junior Sarah Bagley commented, “It's unconstitutional! Taking them is one thing, understandable even, because it’s against school policy to have them out at school. But searching them without permission from the kid or the parents is completely unnecessary" she said, "There is no reason to search them unless they think they’re doing something wrong.”

There have been cases in other states about the legality of search and seizure rights. The Mississippi case J.W. vs. DeSoto County School District concluded that school officials didn’t violate a student’s Fourth Amendment search and seizure rights when they searched the contents of a student’s phone after it was confiscated when the student was seen reading a text message during class.

Another episode was Pennsylvania’s Nazareth vs. Klump case. They found that it was in violation of the Fourth Amendment rights. They ruling came after a teacher confiscated a student’s phone for being visible during class. Both the teacher and vice principal searched the contacts and called nine other Nazareth students to see if they, too, were in violation of the policy, by answering the message or phone call. The searched texts and voicemails. Furthermore, they texted the student's little brother pretending to be the student.

Officers need to obtain a warrant if they are to search anything that is not public property. However, school officials have different procedures that they have to follow and abide by a different set of principles. Officer Winder clarified," When I walk through the doors, I am still a cop. I am held to higher standards when it comes to cell phone searches, I have to get a warrant to search anything at the school." Vice Principals on the other hand can search lockers, cell phones, backpacks etc. In some cases, they can even search cars that are in the parking lot without having to get a warrant.

The application of the Fourth Amendment in the high school setting is a topic that hasn't been discussed at length, but it is new topic that is starting to hit the court systems throughout the country. Utah has yet to establish the boundaries to when something is wrongful search and seizure and when it is not, but with the courts now taking in more cases about the Fourth Amendment it is an issue that will be addressed in no time.

Bingham Prospector has searched for cases in which the VP’s search student’s cell phones, but was unable to confirm any situations.