School Searches of Cell Phones and Electronic Devices Now Prohibited?
By Michelle Ball, California Education Attorney for Students since 1995 Cell phones are often searched by school officials to gather information in discipline proceedings or to search for crimes alleged. Parents and students are usually at a loss on whether to allow a search of a cell phone when asked by school officials and the proper scope of any search. Can a school force a student to allow a search of their cell phone? What is the scope of the search allowed? And, what if information on another "crime" is found during the search? A new law, effective this year (2016), may (or may not) bring some closure to these issues. In October of 2015, the Governor signed into law SB (Senate Bill) 178, also known as the "Electronic Communications Privacy Act" which is reflected in California Penal Code ��1546-1546.4 . Penal Code Section 1546.1(c) states: "A government entity may access electronic device information by means of physical ...