The father films while he insists that the phone should be given back to him. The school principal, who identifies herself on camera as Linda M. Carroll, refuses. She says he can get it back in a few weeks. She says this is a school rule. She does, though, offer the dad a flip phone so that he can contact his daughter in emergencies.Who do you side with here?
The dad, however, cannot understand why he can't have his property back. Some might feel he shows a lack of thoroughness by saying he isn't interested in seeing the school rule, according to which Carroll claims she can keep the phone for weeks.
On the other hand, the idea that a school can keep a parent's property for what seems like an indeterminate amount of time seems a little presumptive. (read more)
Tuesday, April 21, 2015
"School Principal refuses to give teen's iPhone 6 to dad"
"A YouTube video has emerged of a parent demanding that a school principal return his daughter's iPhone 6, which had apparently been taken away for disciplinary reasons."
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7 comments:
Who do I side with? Please. The school has no legal authority to confiscate property and not return it to the responsible adult, who likely paid for it. A temporary confiscation due to misbehavior is understandable, but only on school property under school rules, and then v-e-r-y tempoprarily...but that does NOT extend to property confiscation per se to a parent who is asking for its return.
What the flip is going on in our society today where just anyone, with very limited authority over a very limited space, can assume police powers and grab your property permanently or for a long period of time?
I'd say just kick the principals' butt and take your property back by force. He is a thief after all.
Oh, wait...this behavior is common today in government agencies, so who am I to suggest that not every rinky dink agency hasn't the same power?
We're getting psychologically raped en mass without the benefit of at least a ruffee to ameliorate the aggravation.
I do not side with the school. Give it back to the dad and let him decide. This is theft school rules or not.
If it is a private school, then I side with the principal so long as the contractual agreement is that the students and parents have forfeited rights to certain property that enter the school's grounds. I don't think a public school should have the rights to enter into such contracts because of the fifth and amendment, and I think the fourteenth amendment makes the fifth amendment binding on the public school principal. A public school principal is a government employee in this case depriving a person of property without due process of law.
In terms of decorum, I as a juror wouldnt hold it against a school to deprive a disrpuptive student of a cellphone during the school day, but once the parent arrived to retrieve the phone, unless the phone was being held as evidence as part of the due process of the law being performed; I would expect the phone returned.
I hope the parent is compensated for wasting his time, and that the principal is not shielded by indemnification by the district for his abuse of authority.
Do the words "private property" mean anything?
If they never agree to this in some kind of contract then call the cops, and file a report of stolen property, maybe even a mugging. Hell, say you were raped too. Isn't that what people do nowadays when they get pissed.
I could write a rule... make it just for my house, yes?.. I could write a rule that says if you're in my house I can take away your stuff and keep it for weeks before giving it back to you.
How much rope do you suppose the cops will give me when they're called?
Dad wants the phone back you give him the bleeping phone and stick the daughter on detention instead.
All fixed.
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