On 31 Oct 2003 17:18:22 -0800, Brian wrote:

Also if a student's device is under part 97 do you still have the right to
confiscate it?

Barrister Phil should say no.

Radio devices cannot be consfiscated by anyone because they are not
contraband as "controlled substances" are.

The school can seize (remove it from the student's possession) and
hold it for safekeeping until the student leaves the property only
if the student is on notice that this will happen if s/he does not
voluntarily turn it off or refrain from using it.

Of course the school will use the word "confiscate" but that's not
what's happening.

But lately he's been saying all sorts of things.

In which of the two languages that I am fluent in, the one language
that I can stumble through, or the several languages in which I can
curse ??

Does this only apply to a device or to an individual using a device?

Are Part 15 devices authorized?

Part 15 says they are. Doesn't say "who" is authorized to use them.
I assume they are lawfully used by citizens, hams, school children,
and even Taliban.

There is a restriction that Part 15 devices cannot be used for any
unlawful purpose. Ordering a plate of hummus and ypreki (stuffed
grape leaves) or kibbe (ground lamb kebabs) is not unlawful.

--
73 de K2ASP - Phil Kane