[BTFan]

Hi everyone,

I got caught using my friend's phone in school recently. The school now wants either my phone or his. Out of respect to my friend, I decided I will give my phone.

I have a BlackBerry Bold 9780 on Rogers. I DON'T intend on giving the school my actual phone. My idea is to give them an old Curve 8520 on Rogers and put in an old Rogers sim card. Here's my question: if I put a security password on the phone, is there anyway the school can know that the phone isn't actually usable (since it's an old sim card)?

If yes, do you guys have any other ideas? I have to give it in tomorrow.

Thanks!

[up488]

Ahaha! Sneaky!

[TheScionicMan]

I would fire up the old phone, set a password on it and then pull out the SIM and the battery. Put the phone and the battery in a ziploc and seal it with tape, write your name on it. If you are pressed, tell them your parent took the SIM out because they do not want someone abusing or tampering with the phone. There's no reason they should need to power up the phone if it is being held for punishment.

At least that's what I would probably do.

[adjdudley21]

my advice to u would be to give them the old curve and turn it off.. they don't need to go through the phone.. and if they do they are violating privacy laws... you'll be fine

[grahamf]

Just remember one thing when being sneaky: No one just looks at their crotch and smiles.

[tmelon]

Hi everyone,

I got caught using my friend's phone in school recently. The school now wants either my phone or his. Out of respect to my friend, I decided I will give my phone.

I have a BlackBerry Bold 9780 on Rogers. I DON'T intend on giving the school my actual phone. My idea is to give them an old Curve 8520 on Rogers and put in an old Rogers sim card. Here's my question: if I put a security password on the phone, is there anyway the school can know that the phone isn't actually usable (since it's an old sim card)?

If yes, do you guys have any other ideas? I have to give it in tomorrow.

Thanks!

Your school has the right to confiscate your property like that just for using it?

[BTFan]

If i leave the sim and battery in and set up a password, can they somehow find out its not usable (i was thinking maybe with emergency calls)?
The ziploc idea sounds like a good plan. Might do that

[BTFan]

Apparently they do. its part of the school rules

[grahamf]

I'd say just password protect. If they complain, say it's a violation of your privacy rights.

Come to think of it, that argument could also be used to protest them taking your phone in the first place. Maybe.

[BTFan]

Is it actually a violation of privacy rights? Is there some sort of law for this (at least in Canada)?

[Branta]

Hi everyone,

I got caught using my friend's phone in school recently. The school now wants either my phone or his. Out of respect to my friend, I decided I will give my phone.

Not a lawyer, but this is an interesting case.

The right to sieze the phone should be exercised at the time the offense is found - when they catch you, or as soon after as the appropriate permission is obtained (management/principal's approval?). Either way, same day. Several days later is not acceptable.

The school probably doesn't have a right to take your phone because you were not using it.
The school probably doesn't have a right to take your friends property because HE (lawful owner) was not using it and has not violated any rules or laws.

On balance I would tell them you don't own the phone used in the offense, it is no longer in your posession, you don't have the legal right to hand it over, and they don't have the legal right to seize a phone not used in in violation. Your friend should say he has not broken any rules or laws, and taking his phone would be theft. The school might have an interesting problem if they try to enforce a demand which at first sight seems to be at least on the edge, if not clearly outside the law.

[TheScionicMan]

Doubtful. You're a student, your rights at school are minimal. I'm surprised they didn't take it when you were caught.

[BTFan]

I wasn't caught using it.
my teacher sent me an email saying a I failed a test, which i didnt. so i replied with my phone during school and they say the "Sent with a BlackBerry on the Rogers Wireless Network".

[tmelon]

I wasn't caught using it.
my teacher sent me an email saying a I failed a test, which i didnt. so i replied with my phone during school and they say the "Sent with a BlackBerry on the Rogers Wireless Network".

Try what Branta said. There used to be a principal at my school who would confiscate phones and then look through all of the messages. The people would get in trouble for objectionable things that she found. End of the story is that word got around about what was going on, people complained, and the principal got into major trouble.

I'm not sure if Canada is the same, but if they even tried to type in a password they would be violating a privacy law.

[recompile]

Here's an idea that may help you in the future:

Don't use your phone or a friends phone in school.

Sure, this isn't going to do you much good now, but it will prevent this kind of problem from happening in the first place.

[Branta]

I wasn't caught using it.
my teacher sent me an email saying a I failed a test, which i didnt. so i replied with my phone during school and they say the "Sent with a BlackBerry on the Rogers Wireless Network".

I can configure the signature line on any computer to say "sent from BlackBerry". First they have to prove it was sent with a specific phone and seize THAT PHONE (not impossible, but difficult) if they can prove they have the right to take it.

You have a reasonable expectation that a reply to an official email from the school would be both expected and exempt from any phone ban, and could result in sanctions against you if you were so rude as to ignore it. Finally, as you say the message was untrue you could ask whether the false report of test failure was designed to provoke a response - that's entrapment and worth a formal complaint against the school - the local press would love it.

There is also the other consideration - taking the phone results in a financial penalty because you pay for BlackBerry service which you can't use. You should also demand a full indemnity from them against loss or theft if they intend to return it later. If they don't intend to return it you have a clear case of theft. However I think you can resist the demands even if it means wasting a few hours of school governing board time.

[melb_me]

They want to take your phone? I would call the Police! They can't take your phone. They need to come up with some alternate punishment. I'm not a lawyer but wtf!?

[dr3167]

For the life of me I can't understand this. They send you an email during school hours in order to see if you respond, so that they can take your phone and rummage through it in hopes of finding additional transgressions...? Knowing the lengths it takes for the police to search a phone with a warrant, and the weight the courts put on phone privacy, I find this highly amusing.

Teachers are an odd bunch. Couldn't care less if kids bully each other, but the second you start BBMing they shriek and claw at their own faces.

[grahamf]

How long of a window between you recieving the email and replying? you could say it must've been delayed but you sent it at break.

Oh right what am I thinking it's a blackberry.

[grahamf]

But I really don't see why teachers should do so this. The teacher has a responsibility to to teach the student, and includes keeping the student's interest. If a teacher is as boring as heck then the students are just going to spend time finding ways to spend time.

[TheScionicMan]

For the life of me I can't understand this. They send you an email during school hours in order to see if you respond, so that they can take your phone and rummage through it in hopes of finding additional transgressions...? Knowing the lengths it takes for the police to search a phone with a warrant, and the weight the courts put on phone privacy, I find this highly amusing.

Teachers are an odd bunch. Couldn't care less if kids bully each other, but the second you start BBMing they shriek and claw at their own faces.

You're going a little extreme there, aren't you? I don't believe we were told that the teacher's email required an immediate response. The proper thing would have been to respond at a time when you could use the phone without breaking rules. It's a matter of using the proper discretion. The fact that the OP saw the email during class in the first place shows that he was already using the phone when he wasn't supposed to be. It's not entrapment, just poor discretion. If the email had come in while the OP was driving and they got pulled over for it, would that be the teacher's fault?

Could you imagine what a classroom would be like if smartphone usage was allowed? Not a lot of educating would be going on.

[PineappleUnderTheSea]

Life will be much better once you graduate and leave the petty existence that is high school.

As for the phone, just give them the old curve like you want to do. I'm sure they have no real interest in perusing through your phone anyway, they just want to make a point. It is a weird rule, though, did your parents consent to the school being able to confiscate your phone?

[grahamf]

You're going a little extreme there, aren't you? I don't believe we were told that the teacher's email required an immediate response. The proper thing would have been to respond at a time when you could use the phone without breaking rules. It's a matter of using the proper discretion. The fact that the OP saw the email during class in the first place shows that he was already using the phone when he wasn't supposed to be. It's not entrapment, just poor discretion. If the email had come in while the OP was driving and they got pulled over for it, would that be the teacher's fault?.

...You're not a Blackberry user, are you?

[dr3167]

The proper thing would have been to respond at a time when you could use the phone without breaking rules.

I do get a little extreme from time to time, but is almost always in jest. As for your statement above, I agree completely. He has made a choice to break the rules and should face whatever consequence responding to a teacher's email during school time warrants.

Should this include faculty rummaging through a cellphone (searching for what, exactly)? Suspension? Warning? I will leave these questions up to those more reasonable.

[BTFan]

I told them I took my friend's phone and used it in the bathroom during class (it was sent at 9am).
Yes, both parents were on my side but the principal is just hard-headed and says she either gets the phone or suspends me for 2 days.
On the bright side, the teacher is getting a lot of trouble for getting so many complaints from parents.