This form is a Complaint. This action was filed by the plaintiff due to a strip search which was conducted upon his/her person after an arrest. The plaintiff requests that he/she be awarded compensatory damages and punitive damages for the alleged violation of his/her constitutional rights.
Student Strip Searched For Vape Pen In Arizona
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US-000282
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In the US, legally, if school personnel (any staff, although generally administration gets stuck with this) can look through a student's bag, desk, locker, coat if they have a suspicion that the student has something prohibited from school grounds.
The Fourth Amendment applies to searches conducted by public school officials because “school officials act as representatives of the State, not merely as surrogates for the parents.” 350 However, “the school setting requires some easing of the restrictions to which searches by public authorities are ordinarily subject ...
Indeed, under the Eighth Amendment and Fourteenth Amendment, strip searches must be done for a legitimate reason, and they cannot be conducted in order to humiliate or to harass a prisoner.
While the Constitution does restrict the authority of school officials to conduct strip searches, it is the Fourth Amendment — not the First — that protects students' rights in such cases. Most courts consider “prior review” (reading only) to be a form of unconstitutional prior restraint.
After Safford, a strip search of a student will be upheld if (1) there is any indication of danger to the students because of the nature of the item sought or (2) there is suspicion that the student is concealing the item sought in his or her underwear.
Normally a search requires probable cause, but in a school setting a search is constitutional if it is reasonable. A school may conduct a general or random search of the entire student body if, based on a review of all of the circumstances surrounding its suspicion, the search is reasonable.
“Reasonable suspicion” is a legal term that relates to students' to constitutional rights. It means that school staff can only search a student when they have a reasonable belief that the student broke the law or school rules. Rumors or hunches are not enough to allow staff to search a student.
School staff may search a student if there are “reasonable grounds” that the search will turn up evidence that the student broke a school rule.
The search of a student by a teacher or other school official usually will be upheld when (1) there are reasonable grounds for suspecting the search will turn up evidence that the student has violated or is violating either the law or school rules, and (2) the measures adopted are reasonably related to the objectives ...
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US Supreme Court declares strip search of 13yearold student unconstitutional. Case: Safford Unified School District v. Redding.In 2008, the ACLU filed suit against Bucyrus City Schools after officials strip searched five students they suspected of having cigarettes. Oklahoma middle schooler forced to reveal bra at school during search for a vape pen, mother says. If a vape is included in the policy as a tobacco product or by-product, a school resource officer would have the authority to seize it. Teachers and the student to work out a manageable method for completing work. Tucson teen faces deportation after being caught with marijuana vape pens ; 022320-metro-student deportation-p4. If a teacher or administrator has reason to believe there is a need to search a backpack, locker, purse, etc. While at school, they may do so. • Vape Pens or E-Cigarettes.