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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 12554
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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A teacher caught me cheating on my test with my phone and then

Customer Question

A teacher caught me cheating on my test with my phone and then she started going through looking at me pictures
Submitted: 2 years ago.
Category: Legal
Customer: replied 2 years ago.
Is the messing with my 4th amendment right
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 2 years ago.
No just answer the question
Expert:  Andrea, Esq. replied 2 years ago.
Hi, and welcome to JustAnswer, Thank you for your question. My name is ***** ***** I will b glad to assist you this evening, I understand exactly how you feel. I would feel the same way if I were in your position. I would feel that the teacher was violating my privacy by entering my "personal, private space". I wish that I could tell you that you have a right to report this teacher and file a lawsuit against the teacher as well as the school because they hired her. And, under normal circumstances, you could sue and win your lawsuit against the teacher as well as the school under the legal principle of "Respondeat Superior". However, (and, please do not hold the law against me) in school cases, different legal principles apply. Please allow me to explain. In any school setting, students are obligated to follow the rules set forth by the school, and here is how a Court and a Judge would look at this case - You would sue the teacher and the school (as her employer) and you would allege that the teacher violated your Constitutional right to privacy. The teacher's defense would be the following -1. You were taking an examination;2. When the teacher realized that you were using your telephone for the purpose of getting answers to some of the test questions, she exercised her right as a teacher to see how many answers you got from using your phone;3. You will allege that the teacher looked through other information you had on your phone;4. Your teacher will put forth the argument that she looked through your phone in order to determine how many answers to test questions you retrieved from your phone and without looking through information you had stored on your phone, there would be no way for her to determine how many answers you retrieved from information you had stored on your phone.5. Let us assume for the sake of argument, that you argued that you had gotten only one answer from your phone and your teacher had no right to search through your private and personal information and by doing so, she violated your right to privacy;6. The teacher and/or the school would counter-argue that the rule of the school was that when a student was caught cheating on an examination, the teacher and/or the school had the right to search the property which the student brought into the examination with them, in order to determine how much information the student had programmed into their phone for use during the exam;7. The Court and the Judge would find that the reasons given by the teacher and the school for going through the information on your phone were valid reasons and although the student's privacy rights had been somewhat compromised, it was the actions of the student by cheating on an examination that necessitated going though the student's information on the phone to determine how many answers the student actually got from the phone. compromised,8. So, in essence, it was the student's initial action of cheating on an examination that set everything in motion and the school's (teacher's) actions to determine the extent of the cheating, and that, unfortunately, caused some of the student's personal information to be seen. I sincerely wish that I could have given you a more favorable Answer, but you came to JustAnswer because you knew you would receive correct information so that you could plan any future strategy accordingly, so please be kind enough not to hold it against me for giving you a correct Answer, even though it was not the Answer you were hoping for, Please let me know if you need clarification on anything and I will be glad to explain further, If I have Answered your question, please be kind enough to leave a positive rating so that JustAnswer will compensate me for my time and effort, Kindest Regards, ANDREA