Student cell phone invasion?

[windel]

Hell guys, I'm new here had a few questions.


My son lost his cell phone on the public school bus, another student found the phone and kept it for themselves. (Let me say that my son attends Senior high school 11-12 grade he is a senior, the bus goes to the 9-10 grade campus to pick up other students.) The student then proceeded to take the phone to school, and show it off. There was an graphic sexual encounter with my son and his girlfreind. (they video taped themselves having sex...needless to say I was very dispointed and furious which is another whole issue.) He is 17 yrs old, his girfreind which attends the same school as he is 18 yrs old.

The phone was confiscated from the student who had found it and kept it. His girlfreind was identified from the video by staff, I'm not sure which staff (teahcers principles etc) Her parents were called up to the school to watch the video. The school never contacted me in regards to the phone or video, the only way I found out is by the his girlfreind's mother calling me and telling me last night.

So I called the school this morning and received the run around, finally speaking with 1 of the 6-8 assistent principles, whom still had no info on the incident. He told mr that the they had no record of the phone ever being confiscated. Which is a lye. My son had no choice but to admit that they had taped themselves having sex, plus you dont get a mother calling you and saying this without reason, so I know the school is lying. Please what type of advice can anyone offer in relation to sueing the school for humilation etc of my son. Plus I'm pissed that the school didn't even bother to notify me as they did her parents. I'm so pissed at my son for doing this and he feels horrible, and embarrased as hell. He's not the type of kid to post this kind of thing on myspace or somethin. Anyway can you guys offer advice other than the obvious by obtaining all names involved in the staff viewing etc.

 

[calalily]

If she was eighteen then she should sue the school for violation of privacy. It was her parents they called, and she's the one who is 18. Also everyone has a boss...contact superintendent of the school district with your complaint. They should have retrieved the phone and held it, but had no reason to watch the video and pass it around.

 

[windel]

I'm going to contact the superintendent on monday..which I told the principle that as well to get him to tell me the truth, but I'll just have to make good on my word. Also I'm not sure of the specifics, but I just talked to the mother again to ask for the name of the staff who called her up to the school she would not give me the info, she simply said I'm not going to risk someone's job that was trying to help me. I see a conflict of interest here. My son and his girlfreind have been dating for 2 yrs. Anyway the staff member that called the parent had no authority to do so, she did it on a personally level. (I'm just finding out that the staff was a family freind) Essentially the staff member called the girlfreind's mother up to view her daughter and my son who is a minor.

The school doesn't even want to aknowledge that the phone is in their posession. This is humiliating for my son, just becouse he was in a compromising situation, doesn't mean that folks have the right to take advantage of him this regard.

 

[CdwJava]

Depending on the state you are in, your son's girlfriend could be charged with a crime ... the school MAY have turned it over to the police.

There is no expectation of privacy among private persons - the 4th Amendment does not apply here as it applies to the student who found the phone.

As for who HAS the phone, it could be that one person has it, and they are keeping it close to the vest. I doubt that everyone in the officer shared memos stating that they had seized the phone.

At this point, about all you can do is keep on the school about the phone, and then maybe make a lost or misappropriated property report to the police and see if THEY can get the phone back ... and hopefully the age of consent for sex in your state is 17 or under.

- Carl