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if you give it to them, and allow them to keep it, then yes they can. legally, no they can't. you could argue that they have no authority to confiscate your phone, and unless they bring the police into it then you won't hand your phone over. (the police would laugh at your school if they called them by the way). if they take your phone without consent, that is theft.
the real question is, is it worth the hassle, of arguing, and going to the principles office?
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