Is it legal for a high school teacher to take a students cell phone from her pocket, and charge a student $5 to get it back?
3 attorney answers
It is not considered to be technically "illegal" and it is incredibly doubtful that the teacher would be charged with a crime. He really is not committing theft. He is really not committing blackmail. Most schools have a no cell phone policy and a no iPod policy. I have seen teachers take cell phones and iPhones in the past and turn them over to the principal and administration and only release them to their parents. I have never heard of a teacher charging money for the return of the cell phones back and keeping it. You should definitely talk with the school administration about this and whether they are in support with such a policy.
Most teachers do not allow students to use their cel phones during class time. It depends on the school's policy, but teachers can usually confiscate a student's cel phone if it is being used during class time. Charging money from the student is not recommended because it can likely cause problems for the teacher. The best thing to do is advise your daughter not to use her cel phone during class time as this takes away from her learning experience, which is the most important thing!
The answer provided is not legal advice. It is for informational purposes only. It does not constitute an attorney-client relationship. You should not rely on the answer before consulting with an attorney during an official legal consultation.
In general, no it is not. Schools and teachers can make polices and might could institute reasonable fines for certain things, but the principal and school board should be alerted by this.