The ACLU said it learned of the actions of Monarch administrators in interviews with numerous parents and students who complained about a series of cell phone searches at the end of the last school year. According to the letter, the searches began when a student accused of smoking cigarettes was sent to an administrator's office. After a search of the student's pockets and backpack turned up nothing, the administrator searched the student's cell phone. He then interrogated the student about text messages the administrator characterized as "incriminating." With names of other students obtained from the student's text messages, administrators called in additional students, questioned them, and also searched their cell phones. With names obtained in this second wave of questioning administrators then called in a third round of students and questioned them. Transcripts of cell phone messages were placed in the disciplinary files of multiple students, the letter says.

Hat tip to Taylor Pendergrass, Staff Attorney, American Civil Liberties Union of Colorado for providing this.

How the school district can square this with T.L.O. and federal law escapes me. But, school districts often think of themselves and the law unto themselves. At least everytime I have tangled with them they've been that way. (We sued the Little Rock School District for telling students to empty their pockets and leave a room, and they would search everything, including backpacks. We won. Doe v. Little Rock School District, 380 F.3d 349 (8th Cir. 2004).)

[cross-linked to FourthAmendment.com]