Klump vs. Nazarath Area School District Cell Phone and Technology

Question May school officials lawfully search confiscated cell phone to look at stored text messages, photographs, videos, and logs of incoming and outgoing calls?

Summary of Facts Students at Nazareth Area Schools are permitted to carry, but not use or display, cell phones during school hours. Christopher Klump’s cell phone fell out of his pocket and was confiscated by a teacher The teacher and the assistant principal used the phone to call nine other Nazareth students from Christopher’s contacts to see if they were violating the school’s policy as well.

(cont.) The teacher and assistant principal then accessed Christopher’s text messages and voicemail. The teacher and assistant principal initiated an instant message conversation with Christopher's’ younger brother without identifying themselves as being anyone other than the primary user of the phone, Christopher Klump.

(cont.) Christopher’s parents filed a 10 count lawsuit against the school district and the school officials seeking compensatory and punitive damages for the alleged unconstitutional search, violation of Pennsylvania Wiretapping and Electronic Surveillance Control Act, invasion of privacy, and defamation.

(cont.) The court ruled that school officials were justified in seizing Christopher’s cell phone for violation of school policy, however, there was no basis for them to search the text and voicemail messages stored on the phone. The court ruled that the student’s case could move forward based on the claim of unlawful access to the stored voicemail and text message communication.

(cont.) The parties would later settle for an undisclosed amount of money.

Implications for Schools/School Leaders Administrators may lawfully confiscate student cell phones when school rules are violated. School officials should assume that the student has a reasonable expectation of privacy of the information stored on the cell phone (text/voice messages, photos, videos, etc.) through their fourth amendment rights.

(cont.) The ability to lawfully search a student’s phone is contingent upon satisfying reasonable suspicion and scope standards set by the T.L.O decision in 1985.