Expelled student sues over “unreasonable” cell phone search – Ars Technica — This is a serious eye-roller.

Southaven Middle School in Southaven, Mississippi has a policy against cell phone use during school hours, as many schools do nowadays. In August of 2008, 12-year-old Richard Wade was discovered to be in violation of that policy after he received a text message from his father (who was traveling out of state) during “football class.” That’s when his cell phone was confiscated by his football coaches and then searched by the principal, as well as the Southaven Police Department. At that time, authorities found what they considered to be extremely scandalous, “gang-related activity”—that is, photos of Wade and a friend dancing in the bathroom at Wade’s home. The friend held a BB gun across his chest while he danced.

Wade was suspended and then eventually expelled for having “gang signs” stored on his phone.




  1. Syrinx says:

    Jeez, there is always a new low when it comes to these unreasonable searches. I’m sure the school staff and authorities were looking for nude pictures in order to pleasure themselves. Since they didn’t find anything, they came up with this “gang” BS.

    It used to be they just confiscated the phone and returned it to you after class. Not anymore.

  2. eggman9713 says:

    Remember kids, put a passcode lock on your phone. And if they demand the code from you, demand a search warrant from them.

  3. Nick says:

    Most of the time it isn’t an issue and things are confiscated and returned. What the hell were they thinking in looking through his stuff? That’s crazy.

    A passcode lock would be a bit over the top unless you have something really bad on there…

  4. Uncle Patso says:

    We gotta NIP IT! When it comes to this kinda behavior, we gotta NIP IT IN THE BUD!!!

    I certainly hope they sent the SWAT squad after this kid’s “friend” with the BB gun. CALL OUT THE MILITIA! HE’S GOT A BB GUN!!!

  5. jescott418 says:

    I would say this is a classic case of privacy violation if their was one. No just cause for search and I don’t even see how they can prove from what I read that it was even gang related. I understand that schools are getting tough on this stuff and I do not blame them for it. But violating someones privacy without the means to do so is just as wrong.

  6. bac says:

    Nick, it is not about having something to hide. It is about authorities using what they find during searches against you. Example: If you are a kid and have a photo of you and your friends all on bicycles. The authorities will use this photo to say you and your friends have motor cycle gang aspirations. When the authorities are looking for a cause, they will find one.

    It is better to encrypt your data, lock your house, lock your car, demand a warrant and get a lawyer.

  7. Improbus says:

    Never trust a primate with a badge.

  8. Cap'nKangaroo says:

    That the text arrived during “football class” was probably the reason for the over the top response. To interrupt, interfere, or denigrate football in the south is sacrilege.

  9. Faxon says:

    My kid was suspended for a day for mentioning the word, “gun”. As in, “I fired a gun when I was on vacation with my dad”. Some brat told a teacher, and that was it. I am disgusted by the twisted society we endure nowadays.

  10. deowll says:

    1) Learn how to turn the bleeping phone off.

    2) While the school may have freaked over nothing gang insignia may have been on the phone. I can’t tell about that from the post can I?

    3) While confiscating phones that aren’t turned off is still the norm in our system we don’t bother to look at the contents unless other factors have come into play beyond the phone ringing.

  11. bac says:

    I’ll bite. Alfred1, if the principal wanted little Wade to learn something then why did he expel Little Wade? May be Little Wade did violate a rule but it seems all the rules have expulsion as a punishment. Schools are now not learning centers but playgrounds for control freaks. The principal should have just held the phone until the end of the school day then given the phone back to Little Wade. The search was the wrong thing to do. The principal should be expelled for a week or two. If schooling is to be mandatory then there should be no expulsion as punishment. All students should stay in school even though they break the rules. Separate the bad eggs but keep them in school too. Otherwise, mandatory schooling with all these expulsion rules is a joke.

    Why not get the federal and state governments out of public schooling? All schools could charge tuition that the parents pay. The federal government could get out of one social program and step into another by issuing vouchers so that parents could try to send their children to any school they choose. This gives tax payers a choice of where to spend their money. Plus, the federal government will have more money to spend on weapons. Vouchers would not cost near as much as a whole educational department.

    I suppose Alfred1 is against the federal government spending money on education since that would be a nazi social program.

  12. Lynn says:

    Well, I run a shelter program for families with kids, and when a family exits, I go back to our computer room to clean up all the stuff the little darlin’s put on there. Usually Paint or Word documents full of puppies and kittens (girls) or guns and gangs (boys). Though it may seem alarming, I just remind myself, THEY ARE BOYS. This is what boys do and I don’t think it has too much relation to whether they become hoodlums or not.

  13. Postman says:

    #10,

    I have one better. My 8 year old was expelled for fighting. He was being bullied by the children of the wrestling jock clique, so I started taking him to Karate with me. Once he knew how to not get grabbed, make a fist and throw a punch it was all over.

    Thank Republicans for charter schools… He is doing much better in the new setting.

  14. Animby says:

    Hint: get some subtler gang signs.

    ACLU? I’m not a big fan but I hope they stick it to them.

  15. Li says:

    #12 “Expulsion is the only punishment you can’t get sued for…”

    The title Says “Expelled student sues over “unreasonable” cell phone search.

    RTFA, or at least the title, geez. Some people are so lost that there is never even respite from their illusions.

  16. maryland157 says:

    See this is why I’m glad I don’t go to public school anymore.
    If some school staff member tried confiscate any of my personal property I would refuse. See many of these kids don’t know that they can refuse to have it”take it away”. The only thing that will happen is a visit to the Principles Office.

  17. noname says:

    This reminds me of the Supreme Court rules strip search of AZ girl illegal.

    This case is less extreme and intrusive case, but it does seem to violate schools own written rules/policies and norms.

    The “bloggers” here would be thinking much differently if they did find something on the phone.

    The fact they did not find anything and then to lamely mis-characterize it as gang related, is to me the bigger and more heinous crime.

    It’s too bad you can’t bring a successful suit for such an obvious case of legal/administrative malpractice.

  18. Hothr says:

    Why did they have to search his cell phone? I’m sure he posted it on the YouTube. The video must have 3 views by now.

  19. Hugh Ripper says:

    Sheesh if we expelled kids from school every time we found them doing stupid shit in their own time, there would be no one left at school.

  20. Animby says:

    Hugh – Good point. If I’d been expelled for every dumb thing I did, I might never have gotten out of elementary/high school. Come to think of it, college and med school, too…

  21. Qon Quixote says:

    Ignorant damn hillbillies. That’s the people you vote with and admire John.


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