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 Houston
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State:
Multi-State
City:
Houston
Control #:
US-000282
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FAQ
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 Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.
The Court also clarified that blanket strip searches do not violate the Fourth Amendment even when they are conducted on pre-trial detainees or inmates charged with or convicted of minor offenses.
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.
The court held that a pat- down search for someone suspected of skipping school is reasonable in scope but that it is not reasonable in scope to search the person's locker or car.
Like searches, the seizure, or confiscation, of personal property is limited by the Fourth Amendment. Despite this, nearly every school has a policy of taking certain items belonging to students. Most commonly, this includes cell phones, but school have confiscated anything from stuffed animals to permanent markers.
The answer is yes. The school authorities do not need a warrant, nor do they need 'probable cause' but the search must be 'reasonable'. Emptying personal belongings out of pockets is very 'reasonable.
YES, but only under certain circumstances. First, your school must have a “reasonable suspicion” that searching you will turn up evidence that you violated a school rule or law. Second, the way your school does its search should be “reasonable” based on what is being searched for and your age.
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.
While courts have generally upheld schools' authority to conduct reasonable pat-down searches, students and their families have challenged these practices.