A school can only confiscate your personal possessions for a maximum of 28 days.
If they haven't handed it back to you after the 28 days have expired, you should phone your local police station and ask them to get your phone and headphones back.
They may however, play it sneekily and get the police involved theirself so that you don't see it for a longer period.
Sometimes schools will phone the police when they confiscate an item of technology to send it off for forensics.
The sense is to cut down on copyrighted material being shared illegally and to keep you from your possessions for longer.
So, the legalities are:
- The possessions can be kept by the school for up to but no more than 28 days
- The possessions must stay within school grounds at all times when they are confiscated
- When the items are kept, the person that confiscated them is responsible for any damages or theft incurred during their possession of the item unless they stated otherwise in a verbal or written agreement prior to you having your possession confiscated
- The police may keep your possession for an indefinite amount of time if they think there is illegal material on there.
/AC
P.S
I had a friend who had a problem like this, that's how I know this