Following up on the previous article, we have another case of the student v. school in a case of the internet stalker and the Fourth Amendment.
In this case, it appears that the school gave laptops to students for work at home. It then appears that the school would randomly activate the school camera while the student was at home.
In doing so, the school identified some behavior that it found unacceptable in one of its students. The child was then punished for the behavior.
The question is, what the heck was the administration thinking when it decided to invade the students home with the camera on the laptop.
I can understand and will concede (for the moment), that the laptop was the property of the school. And the school simply allowed the student to take the laptop home. It is possible to assume that the school had the right to monitor what information was being entered into the laptop, what was being downloaded, ect. Assuming that the student was reasonably aware.
However, there is no reason to believe that the student ever gave the school the right to invade the privacy of his home in this manner. This is unreasonable, and if this happened in Minnesota, I would be happy to take this case and fight for the student with tooth and nail.
Landon J. Ascheman, Esq.
(B) 612.217.0077 (C) 651.280.9533 (F) 651.344.0700
P.S. Have an attorney in your phone? Add us now 612-217-0077 - While we hope you never need us, we're here if you do.
Thu, February 18, 2010
by Landon Ascheman filed under