ACLU Lawsuit Challenges Expulsion Of Middle School Student After Illegal Cell Phone Search

"The rights of students to be free from unreasonable search and seizure and to due process are not suspended when they walk through the schoolhouse door," said Kristy Bennett, staff attorney with the ACLU of Mississippi. "There was absolutely no basis for school and police officials to search through Richard's phone after it was confiscated, and there was absolutely nothing to substantiate the baseless accusations that pictures on the phone showed that Richard was involved in gang-related activity. The entire incident was a gross violation of Richard's constitutional rights, including his right to freedom of speech. Like most of us, Richard carries personal and private data on his cell phone, including photos that are for his own viewing."