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Court Rules Warrant Required for Cell Phone Searches

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Will this extend to teachers?

stephen5688

Dec 16, 2009, 3:32 PM
What about the kids who are currently in prison now for child porn, due to teachers searching their phones. I have said this all along, teacher have NO! business searching students phones. I am against child porn but I do now call on 14 year old cheerleader using her cell phone to take a nude picture of herself and sending it via MMS to her boyfriend who is 15 child porn, I am sorry people it is NOT, yet when teacher and coaches take a students phone away from them at school and for some unknown reason they decide to search through it and find these pics, the police and courts get involved and the kids end up in JAIL for child porn. I hope this new ruling by the courts can be used to free the kids that should not have been jailed in the firs...
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murmermer

Dec 16, 2009, 5:20 PM
🤣 suckers!!!


In my day we had to take pictures of our Junk and put it in an envelope and mail it to our girlfriends.

we were lucky if the guy at the local drugstore didn't "lose" the pictures while printing them.
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Your real Dad

Dec 16, 2009, 6:55 PM
What was World War two like?
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Mektah

Dec 16, 2009, 8:29 PM
No, you forget that children in school have no privacy rights when it comes to their bags. Anything you bring onto school property, they have the right to search. This is true for most government owned/runned places.
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Ask The Shack

Dec 17, 2009, 9:43 AM
Mektah said:
No, you forget that children in school have no privacy rights when it comes to their bags. Anything you bring onto school property, they have the right to search. This is true for most government owned/runned places.


+1, also, you have to remember is that the "kids cellphone" isn't the property of the kid, the kids pay the bill, so the privacy rights belong to the parrents, and they can wave them whenever they feel like it.
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mrpmpfan

Dec 17, 2009, 8:43 AM
Sorry but when you're in school the school reserves the right to search your locker, your backpack, and your phone if they confinscate it from you. And yes naked pictures of a 14 yr old are still child porn. The offender being near the same age doesn't matter.
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stephen5688

Dec 17, 2009, 10:18 AM
How can the offender and the victim be one in the same though...if the 14 year old takes the picture of herself she is charged with producing child porn, who is the child she took the picture of? herself, so she can look at herself without any clothes on but if she take a picture of herself without any clothes on she should go to prison, just the same as the 40 year old who forced some girl to talk of her clothes and let him take pics. I am sorry but the 14 year old take pic of herself is NOT child porn, but the 40 year old forcing a child to is. We need to use a little common sense. And yes I think kids at schools should have more rights than they do. I do not think anyone teacher should search through a students phone for no other reason t...
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Fredd

Dec 17, 2009, 10:37 AM
It appears that you think being "forced" is the distinction. If that 14 year old voluntarily poses for the 40 year old, is that then not a crime in your eyes? Or is it that a 40 year old takes the pic the crime? Sorry, your arguement does not make sense. In the greater view, the victim of the promulgation of such offensive material is society as a whole.

I know that my son's high school does not allow use of a cell phone during school hours. If a student is violating that rule, they have opened themselves and their device to perusal by the teacher. As others have said, anything occurring on school grounds is subject to school rules that are fully disclosed. Just as a school locker is subject to reasonable search, so is their phon...
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zrock02

Dec 17, 2009, 11:21 AM
check the age when i was in scholl at the mere age of 16 and had pics on my phone of others girl the same age does that make me the guilty party? Because my girlfriend wants to send me pictures?
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J-Money

Dec 17, 2009, 11:33 AM
When I was younger I took pictures of my teachers..... ☹️
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SprintCC

Dec 17, 2009, 1:20 PM
Child porn isn't about whether it was voluntary or whether the person that took the picture was of a certain age. Child porn is the picture of an underage person. Taking that picture, whether you are 12 or 90 is producing child porn. Having the picture is possession of child porn.

It isn't an issue of whether or not a person getting the picture is a certain age or whether the person in the picture was consenting. It is the simple fact that it is illegal of produce or have the material.
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mrpmpfan

Dec 19, 2009, 6:42 AM
Exactly, the fact a new article of child porn (a picture or video of a nude minor) is produced and could easily be made available to the internet makes it a serious crime. Two 14 yrs olds sharing nude pictures is still and will always be a punsihable crime if caught.
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stephen5688

Dec 17, 2009, 12:16 PM
You are missing the point 🙄 You must be one of those people who thinks is ok to send kids to prison, for just being kids.
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stephen5688

Dec 17, 2009, 12:20 PM
So when your kid is at school and some 15 year old sends him a nude pic of herself, and his teacher take his phone away for texting in class and looks through it and finds this pic, you are ok with your son going to prison for 10 years for child porn, WOW I bet you are a great dad.
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zrock02

Dec 17, 2009, 1:04 PM
I know which dad not to call to bail me out for indecent exposure or anything funny
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SprintCC

Dec 17, 2009, 1:32 PM
I suppose it should be mentioned that kids don't go to prison. A 14 year old isn't going to be sitting in the state pen for sending nude pictures. However, it is a crime- and a 14 year old is old enough to understand that it is a crime... and thus they do get to deal with the consequences of their illegal actions.
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SprintCC

Dec 17, 2009, 3:42 PM
Getting a sentence and actually going to prison aren't the same thing. Kids don't go to prison, they go to juvenile facilities. There is a world of difference.
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stephen5688

Dec 17, 2009, 4:28 PM
So you would be ok with you kid going to juvenile until he or she was 18 for sexting?????
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SprintCC

Dec 17, 2009, 6:53 PM
If I caught my kid doing it that's where they'd want to be. It isn't cute, it isn't funny- it is a major crime. Just because some don't want to believe that doesn't change the facts.
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stephen5688

Dec 18, 2009, 9:43 AM
Well I guess I have my answer.
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Mektah

Dec 17, 2009, 1:23 PM
So what if the 14 yr old is taking the picture for a 40 yr old who is manipulating her? Or what if she's taking picture of her friends for the 40 yr old? At what point does it become child porn? After the entire school has seen the photos? After it gets out onto the internet?
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