Imagine that the cell phone you have confiscated has readily visible sexually in

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Imagine that the cell phone you have confiscated has readily visible sexually in

Imagine that the cell phone you have confiscated has readily visible sexually inappropriate messages on it. How would you handle the situation? Be sure to cite any applicable case law, school board policies, and state laws to support your answer.
please answer the discussion question using at least 120 words. you will then respond to the following two classmates using positive feedback using at least 120 words for each as well.
1. In the case New Jersey v. TLO, where the student’s purse was taken so the administrator could see if there were cigarettes. When he was searching he found rolling paper and what he suspected to be marijuana (Facts and Case, n.d.). The administrator was only searching for cigarettes and found those other items. While having those items on school property is illegal, the administrator did not suspect the student of that issue. The student argued that the administrator violated the student’s Fourth Amendment Right which is the right:

“to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the persons or things to be seized” (Facts and Case, n.d., n.p.).

The court disagreed with that student and ruled that administrators may conduct a warrantless search if they have a reasonable suspicion of illegal activity (Fact and Case, n.d.).

Based on the described scenario, I have confiscated the phone for a different reason and not because there are visible sexually inappropriate messages on it. While following the protocol at my school for cell phone use and confiscation, I would also mention the inappropriate messages I saw to the Dean of Students and have them follow through on the next steps. It would then be up to the administration and Dean of Students to address the inappropriate messages as they see fit.

References:
Facts and Case Summary – New Jersey v. T.L.O. (n.d.). United States Courts. https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-new-jersey-v-tlo
2. The Fourth Amendment protects individuals from unreasonable searches and seizures and is an important part of the Bill of Rights. It protects us from law enforcement searching our personal belongings. This amendment is the reason behind this “reasonable suspicion requirement” for school administrators before they search your things, meaning that there must be a likelihood that confiscating the device and searching it will uncover evidence of further wrongdoing or of injury to another student or individuals.

State laws, like the Michigan Internet Privacy Protection Act, suggest that school administrators can look at or access a student’s account only if the information is not protected or available via a public account. Everyone has a right to their private information, so school administrators cannot view things like text messages, emails, photographs, or other private information that the public does not have access to on a student’s phone without consent.

Because I don’t have evidence of reasonable wrong doing, I would inform the principal and school counselor of the messages. This is a situaion that unfortunatly you have to tread very lightly.

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