Cell Phone Based Cases

This landmark case has really set a precedent for other cell-phone based cases, including one in a public school setting, claiming that the student's Fourth Amendment had been violated. In Gallimore v. Henrico County School Board (2014), a student's cell phone was searched after administration was tipped off by a parent claiming a long hair student was smoking marijuana on a bus on February 11, 2013. Later that afternoon, administration brought a student into the office and asked him to empty his pockets. The student was unaware as to why he was in the office and was not given an explanation before being searched. In addition to his backpack being searched, he was patted down, and also had his shoes and cell phone searched. After finding no drugs on him, the student was sent back to class. The lawyers referenced Riley v. California and the judged claimed that the search of the student's cell phone "exceeded the scope of a …show more content…
The Supreme Court has stated that students don't give up their rights when they go to school, but they have also declared that a student's rights to confidentiality can sometimes be more restricted than those of an adult. Unlike regular circumstances where “probable cause” and a warrant is needed, school officials more often than not are able to apply “reasonable situation,” to a situation, especially if there is weighted and credible information and evidence. When dealing with the Fourth Amendment rights of students and staff, it is important that administrators are fully aware of district policy and act in the best interest of the students at the school to help in upholding discipline and a safe learning