Can a teacher punish you for no reason?

Ok, I was in passing period, for a split second I check the time, and right as I do, a teacher tells me to give them my phone (Iphone), (and what harm is checking your phone during passing period, i understand during class, but really? During passing period?) I said i know the right of grand theft in California. (if you by chance don't know its right here http://en.wikipedia.org/...and_theft) it states that if personal property valued $400 or more is taken or stolen it is grand theft, which my phone is worth more than $400. I told him that. He replied that if i don't give him my phone he will give me detention. I said you can't punish me for doing nothing. He said I'm punishing you for not giving me your phone. I said that is blackmail. I ended up serving detention. Can a teacher punish me for doing nothing?

No they only have the right if you're using it during class time not any other time.

Wow, that is so dumb. No they can't. I would get your parents to talk to the principal.

If the school rules say that cell phones are prohibited at all time then yes he is allowed to punish you, if not go back there and beat his ***.

If you're not allowed to use your phone at school, you're not allowed to use your phone at school. Period. You used your phone. Ergo, you weren't being punished for "no reason."

Also grand theft only applies to theft, not a teacher temporarily confiscating your property for breaking school rules. Finally, that's literally nothing like blackmail.

In some schools phones are only allowed on possession to be used in case of an emergency (shooting, flood, hurricane, earthquake, medicinal, etc).In that case taking your phone out during passing period is against the rules and thus he can punish you. He can't TAKE your phone and keep it, but he can take it until the end of the day or class period. Check your school rules to see if this applies to you.

I would check your school rules. If it says you are not allowed phones at school, then you are not allowed them out at ANY time. If it says nothing about not being allowed phones at school, then maybe you should get your parents to contact the principle?

As for the grand theft part, he isn't really stealing or taking it, just retaining it until the end of that period or the end of the day. However, I'm pretty sure it is illegal to keep it overnight. You can take serious action if he decides to do that.
And, well yes, that is blackmail, but only very mild. I would not worry too much about that.

So yeah, just get your parents to contact the principle if there are no rules which ban phones.

You are completely wrong in all things you state.

There was a reason - you had your phone out.
Its not theft - he wasn't taking it - it was a confiscation. Something done in all schools.
it was not blackmail - it was a consequence. Something all schools must have in place by state law.

Yes, i'm a California teacher.

Do this - ask to see your school rules - the one you and your parents sign at the start of every year.right there it will state the electronics policy. Teachers are *required* to enforce school rules.

Ok, first of all, you weren't punished for no reason. You had your phone out, which is against school policy, REGARDLESS of what period it is (I have no idea what passing period is, by the way, but that's moot).It's not grand theft because the teachers have the right to confiscate items that are not allowed at school. It's not blackmail--you must pay the consequences for having your phone out.

PS Checking the time isn't a valid excuse. All classrooms have clocks on the walls.

Sometimes, in life there are reasons where you have to be punished by the teachers even if the student is right. So let it be.

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