Student Strip Searched For Vape Pen In Dallas

State:
Multi-State
County:
Dallas
Control #:
US-000282
Format:
Word; 
Rich Text
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Description

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.


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FAQ

A strip search or visual body cavity search, or both, shall not be conducted without the prior written authorization of the supervising officer on duty. The authorization shall include the specific and articulable facts and circumstances upon which the reasonable suspicion determination was made by the supervisor.

When connected to school Wi-Fi, the school may have the ability to see your online activities. This includes the websites you visit and the online services you use. However, they typically cannot view content within apps or specific details of your browsing unless they have installed monitoring software on your device.

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.

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.

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.

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 ...

Redding, 557 U.S. 364 (2009), was a case in which the Supreme Court of the United States held that a strip search of a middle school student by school officials violated the Fourth Amendment to the U.S. Constitution, which prohibits unreasonable searches and seizures.

The critical thing to remember is that if you're on the Internet, chances are your school can see what you do with it whether they admit to monitoring or not. (Some schools have even been known to monitor students when off-campus). So don't worry about "overthinking" it — the best thing to do is be careful.

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Student Strip Searched For Vape Pen In Dallas