Frank Mallory Shooster's Answers

My child goes to a private school and her cell phone was taken by her teacher and the teacher went through her text messages.

Ordinarily seizing somebody's property is theft, even if only temproary, unless the seizure is undertaken by actual or implied permission. LIkewise, whether the actual messages can be searched is more murky, since Federal law prohibits the interception of electronic communications absent actual or implied. In a private school, it would depend on the enrollment agreement which almost certainly gives the school power to adopt rules and regulations binding on students.