The principal stole my phone

[alexxela]

What is the name of your state (only U.S. law)? CA

I'm 18 and I have a cell phone that I bought with my own money and I pay the bills with my own money. My phone went off in class, I thought I'd turned it off but I guess not. So the phone ended up in the office. I live with my mom, she is away from home for business and will be for about 3 more weeks. The principal says that he will only give the phone to my parent. I need my phone back before then and my mom has no financial interest in the phone anyway. It's my property.

Is it legal for him to hold on to a legal adult's phone like that and is there anything I can do to get it back?

 

[OHRoadwarrior]

Why yes it is. I suggest you put on your big girl panties and buy another phone or suck it up.

 

[ecmst12]

I'm sure he is following school policy. You, on the other hand, were breaking the rules and yes, it is a big deal.

 

[alexxela]

Why yes it is. I suggest you put on your big girl panties and buy another phone or suck it up.

I don't need another phone. I need the phone that already has everything on it and that people are trying to contact me on.

I'm sure he is following school policy. You, on the other hand, were breaking the rules and yes, it is a big deal.

It's not a big deal to have a phone go off and then be stopped. I didn't answer it. It's excessive for it to be held captive for several weeks.

 

[OHRoadwarrior]

Congratulations on your first adult lesson. You don't always get what you want.

 

[Proserpina]

I don't need another phone. I need the phone that already has everything on it and that people are trying to contact me on.



It's not a big deal to have a phone go off and then be stopped. I didn't answer it. It's excessive for it to be held captive for several weeks.

It's also not illegal for the principal to do that.

 

[alexxela]

Congratulations on your first adult lesson. You don't always get what you want.

That's why I said 'need'.

If my mom talked to the principal and informed him that she wants him to give the phone to me instead of her, due to the circumstance of her being away - is he obliged to do so?

 

[Proserpina]

That's why I said 'need'.

If my mom talked to the principal and informed him that she wants him to give the phone to me instead of her, due to the circumstance of her being away - is he obliged to do so?

Nope. There's no law saying he must return confiscated goods at the express wish of the parent.

 

[sandyclaus]

That's why I said 'need'....

Are you saying you NEED your phone? That your life, as you know it, won't be the same without it? That you'll just die if you don't get it back right this minute?

Gimme a break. You don't NEED the phone. Cell phones are a fairly new concept. Heck, the majority of we "old folks" got along just fine for many, many years before such an animal even existed.

Need to make a phone call? Grab a quarter (or whatever it costs these days) and use a payphone. You'll survive the 3 weeks it takes before your mommy can come back and free your precious phone from the principal's dungeon.

 

[CdwJava]

Could you compel the school to return the phone before mom gets home? Maybe. But, it might cost you or mom a lot of money for an attorney to apply the proper pressure. And,, since it's not theft, the police will not act on it either.

Check your school policy manual or student handbook, it likely spells out what happens in these situations.

You are also free to contact the Superintendent's office and see if they might intercede, but I wouldn't count too highly on that.

 

[Mass_Shyster]

You can sue in small claims court for the value of the phone.

 

[I'mTheFather]

Or, your mom can ask the principal if your aunt or uncle or some other adult relative can pick up the phone in her place.

 

[Zigner]

Buy a cheap pre-paid phone that is compatible with your phone carrier and have the number transferred to that phone. Then, when mom comes home, you can get your phone back and transfer the service back to it. The bonus is that you will have a spare phone after that

 

[Zigner]

You can sue in small claims court for the value of the phone.

Ahh, you think that the OP will have time to file a claim, wait for a determination and then get a lawsuit completed and compensation received (if s/he wins) in less than 3 months?

 

[Eekamouse]

She's all about demanding her phone back but she's not interested in leaving it at home or in her locker during class. Doesn't sound like much of an adult to me.