Virginia students鈥� cellphones and laptops can be seized and searched by public school officials if violations are suspected, according to state Attorney General Ken Cuccinelli.
But school officials must have reasonable grounds to suspect that a student has violated school rules or the law, Cuccinelli wrote in an official advisory opinion in November.
鈥淭he supervision and operation of schools present 鈥榮pecial needs鈥� beyond normal law enforcement and, therefore, a different framework is justified,鈥� Cuccinelli wrote, citing a U.S. Supreme Court ruling in a New Jersey case.
He also said that any sexually explicit material involving a minor discovered during such searches should be shared only with law enforcement. Such material should not be shared with other school personnel.
State Delegate Rob Bell, a Republican, requested the opinion after high school and middle school principals in Albemarle County voiced concerns about cyberbullying.
鈥淭hey inquired what exactly their legal authority is,鈥� Bell told The Daily Progress newspaper of Charlottesville, Va. 鈥淭hey all said [cyberbullying] is an increasing problem.鈥�
Bell said principals want to intervene if they can, but they do not want to violate anyone鈥檚 civil rights or break the law.
John W. Whitehead, the founder of a civil liberties group, the Rutherford Institute, criticized Cuccinelli鈥檚 opinion, saying it could lead to violations of students鈥� civil rights.
鈥淭his is bad, bad thinking,鈥� Whitehead told the newspaper. 鈥淚鈥檓 appalled at this kind of stuff. It鈥檚 just appalling that people think like this in a country where we鈥檙e supposed to be teaching kids to value freedom and civil rights.鈥�
Whitehead said 糖心动漫vlog do not have the expertise to judge whether they have probable cause to conduct a search.
鈥淭hey don鈥檛 know what reasonable suspicion is,鈥� he said. 鈥淭hey have one job鈥攖eaching students. They鈥檙e not law enforcement.鈥�
鈥淭his teaches a really bad political science lesson, and that鈥檚 that the government can do whatever it wants with you,鈥� he said.
