High Schoolers Accused Of Sending Naked Pictures To Each Other

[Dexter Morgan]

Where is our, "THIS THREAD IS WORTHLESS WITHOUT PICTURES" smiley?  It sure would be handy about now.

Wouldn't it be  child pornography if the pictures were posted? I think all the individuals were probably under age? 

[followsthewolf]

Umm...he said nothing about religion or morality, ftw.
I would consider increases in STD infections, the drain of unwed mothers on our welfare system, and the depressing outcomes for many children of single-parent homes to be plenty of evidence that the sexual revolution has had a negative effect on our society.

You may not agree, but I wouldn't call you a self-serving Satanic pedophile for doing so.

I think you're alone.

[Locutus]

Wouldn't it be  child pornography if the pictures were posted? I think all the individuals were probably under age? 

I think he was joking. 

[Mr442]

Wouldn't it be  child pornography if the pictures were posted? I think all the individuals were probably under age? 

Oh details, details, details.

And yes, I was making a joke.

[Exterminator]

Violation of a school policy surrounding cell phone use does not provide license to invade the privacy of a student!

Wrong!  The cell phone is seized contraband; they can do whatever they want with it.

[Palehorse]

Wrong!  The cell phone is seized contraband; they can do whatever they want with it.

I strongly disagree. As an electronic means of storing personal information it should fall within the same protection classification as a laptop, flash drive etc. Law enforcement officials would have to obtain a search warrant to view the contents, so why should school officials be exempt from such requirements, and on what grounds? Clearly the actions of the school officials were an intrusion upon the privacy of the individual minor(s) and by proxy the legal guardian(s)/parent(s) of same.

As contraband per published/posted policy, I would agree with seizure, however due to the value of the items I also would strongly disagree that they can "do whatever they want with it". Since the items in question here are legally the property of the parent / legal guardian of the minor(s) then the school has an implied legal responsibility to secure the item and return it to the owner(s) intact. They have no legal right to review it's content sans the endorsement of a recognized court providing same, or minus a signed agreement providing them this right from the legal owner(s) of the device.

While one could potentially argue "plain view" jurisdiction, typically navigation through the program is required to retrieve the contents of these electronic devices; thus rendering "plain view" not applicable in such a case.

Is what they (the minors) did wrong? Sure it is. It is also against the law as well. However, had the school officials complied with the laws/rights surrounding illegal search and seizure, not to mention privacy, they would not have been knowledgable of any violation of the law; thus rendering the photographs and the sending of same as fruit from the forbidden tree and inadmissible within a court of law.

Our schools are not jail houses, despite what our children may think of them. They are institutions of learning to which we send our children and from which we require some measure of protection from harm for the period of time they are there. It is not an implied permission to trample their rights. Violation of policy of said school should include ascribed punishment, however I still believe that said violation does not provide blanket immunity from the rights inferred upon us by the Constitution, and unless said violation results in immediate and obvious danger to the public safety and well being of those in attendance, they had/have no legal right to review the information stored within the devices. (None of which applies in this instance from what I know).

The school should have just taken away the cell phone(s) and requested that the parents/legal guardians pick them up. Now, had the owners done so and discovered the pictures, it would have been well within their legal capacity/right to incorporate legal action if they felt it was necessary or required.

Once the legal case being brought against these children is thrown out of court, the parent(s) / legal guardian(s) of these children now have a viable civil case to pursue against the school official(s) / school distict(s) involved for their violation of privacy, and perhaps extending beyond that into other constitutional/civil rights violations that could potentially include slander/libel or any number of additional charges. The jackbooted actions of said school officials have exposed the school district to very real legal liabilities and the sooner they recognize it the better.

[Locutus]

A simple lesson, for all to learn from this, is that if you don't want anyone messing around with your phone, put a PIN on it.  Most phones have this capability but few use it. 

[Palehorse]

A simple lesson, for all to learn from this, is that if you don't want anyone messing around with your phone, put a PIN on it.  Most phones have this capability but few use it. 

Yup! 

[Ghost of Jaco]

A simple lesson, for all to learn from this, is that if you don't want anyone messing around with your phone, put a PIN on it.  Most phones have this capability but few use it. 

You stop making sense this instant, young man! 

[Locutus]

You stop making sense this instant, young man! 

[Dexter Morgan]

I think he was joking. 

Gawd... I hope so. 

[Dexter Morgan]

Oh details, details, details.

And yes, I was making a joke.

just checkin'. 

[Mr442]

Hey little girl, want some candy?

[Palehorse]

Hey little girl, want some candy?

"Slow Poke"?   

[Mr442]

Mr Goodbar!