Legal Question in Civil Rights Law in Pennsylvania

Today i got called up to the office and the vice principal asked if I recorded a fight that happened the other day and I said no and he told me to give him my phone and he took it and looked thru my pictures and videos without even asking. Was he allowed to do that? A lot of people told me he wasnt because there could've been pictures of myself or someone on there & all this stuff. Also someone said my mom could sue him for this? Is that true? Thanks in advance.


Asked on 9/14/11, 6:50 pm

1 Answer from Attorneys
Andrew Solomon Law Office of Andrew A. Solomon

You raise an interesteing question in which the law is evolving concerning new technologies. I don't believe that this intrusion on your privacy rises to Constitutional issues as educators have certain immunities concerning their supervision of students. On the other hand, he clearly invaded your privacy in failing to obtain the consent of you or your parents before "seaching" your phone. This is my opinion only and I have not researched this issue. The primary things you have to think of 1) what are your damages; 2) By suing the school district and or the vice principal (if such a suit is permitted by the courts) are you ready to undergo the effects that such a suit might have on your day to day dealings with other students and teachers? If you are serious about pursuing this, if you are under 18, you should have your parents contact an attorney who has the experience to first research the legal issues involved, and advise you of your options.

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Answered on 9/14/11, 7:55 pm


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