Model Procedure: Student Cell Phone Searches

Purpose

This procedure outlines the conditions under which school administrators may search a student’s cell phone to maintain school safety, uphold discipline, and protect the rights and privacy of students in accordance with Michigan law.

Scope

This procedure applies to all students enrolled in the Dearborn Schools and covers the use, confiscation, and search of student cell phones or other personal items on school property or during school-sponsored activities. A cell phone constitutes a possession in accordance with Board Policy 5771 and corresponding Administrative Guideline 5771.

Student Privacy

Students have a reasonable expectation of privacy regarding the content on their personal items, such as their cell phones or other electronic devices.   The District may conduct a search of a student’s personal belongings, including their cell phone, if there is reasonable suspicion that the search will provide evidence of unlawful activity or a violation of the Student Code of Conduct.

A school official conducts a “search” by inspecting a student’s person or property. A search includes opening a back­pack; reviewing the contents of a cell phone or personal electronic device; or requiring a student to empty their pockets or undergo a “pat down.”

Procedure for Conducting a Cell Phone Search

1. Have a witness (other administrators, counselor, social worker, etc.) present for the search but conduct the search outside the presence of other students, when possible.
2. The student should be present during the search of their phone whenever possible unless the circumstances pose a risk to school safety or require immediate action.
3. Confiscation: Give the student a chance to surrender the item in question (cell phone or electronic device).
4. Only school administrators or their designees may authorize a search of a student’s phone. Before searching, the administrator must:
5. Clearly identify the specific suspicion by stating what the administrator is searching for.
6. Identify what area of the phone will be searched (e.g., text messages, photos, apps).
7. Stay focused on the information that initiated the search.
8. When possible, have the student operate the device to show the school official the evidence that is within the scope of the investigation.
9. Limited Scope: Any search conducted must be narrowly tailored to the reason for the search. Officials should limit searches to areas of the phone (e.g., text messages, photos, apps) that are directly related to the suspicion.

6. When feasible, notify the student’s parent or guardian before conducting a search. If immediate action is necessary due to safety concerns, parents will be notified as soon as possible after the search.
7. Documentation: Immediately document the search, including:
   • The reason for the search.
   • The names of those present during the search.
   • The specific areas of the phone that were searched.
   • The person who accessed the phone during the search.
   • The results of the search.
   • The information obtained during the search.
   • Any follow-up actions taken as a result of the search.

Use of Evidence

Any evidence obtained from a cell phone search should be related to the violation in question. However, information unrelated to the violation may be used to discipline the student, if it pertains to other clear violations of school policy or law.

Review and Updates

This procedure will be reviewed annually and updated as necessary to comply with state and federal law or school district goals.

February, 2025