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 Illinois
Category:
State:
Multi-State
Control #:
US-000282
Format:
Word;
Rich Text
Instant download
This website is not affiliated with any governmental entity
Public form
Description
Form popularity
FAQ
Section 830.60 - Search and Seizure a) The superintendent or designee of a State School has the authority to approve the search of any student's person, locker, room or property when the superintendent/designee has a reasonable belief that the student has alcohol, drugs, a weapon, stolen goods or any other item ...
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.
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 4th amendment protects against the unreasonable search of an individual's property, including bags and purses, however, in some situations law enforcement can search bag, backpacks, purses, and other belongings without a warrant.
If a teacher or principal searches your backpack or cellphone without a good reason, the search could be a violation of your privacy rights under the Fourth Amendment.
If a school does have valid possession of a student's phone, it must ensure that reasonable grounds exist to search the contents of that phone, which would be permissible if the school official had reasonable grounds to believe that the cellphone contained information suggesting that the student is or was engaged in ...
You can always say no or ask to call your parents. However, if you have nothing to hide, consider allowing a teacher access to your possessions briefly. School officials can only search you or your possessions if they have reasonable, individualized suspicion of your involvement in breaking a rule.
More info
Education lawyers say the US Supreme Court's Safford ruling confirms their longstanding advice to school officials: don't strip-search kids. Oklahoma middle schooler forced to reveal bra at school during search for a vape pen, mother says.Wisconsin school superintendent charged after students stripsearched during vape search. First, your school must have a "reasonable suspicion" that searching you will turn up evidence that you violated a school rule or law. US Supreme Court declares strip search of 13yearold student unconstitutional. Case: Safford Unified School District v. Redding. A new bill in the Illinois House aims to stop schools from working with police to issue students tickets for minor misbehavior. After the strip search was conducted, a vape pen was never found and the student was not disciplined. These items are prohibited in the residence halls. Did you lose an item at the park?