Student Strip Searched For Vape Pen In Phoenix

State:
Multi-State
City:
Phoenix
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

The Arizona Public Records Law has been in existence for more than 100 years and mandates that all public records be open to inspection by any person at all times during office hours. Public records include books, papers, maps, photographs or other documentary materials.

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.

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 ...

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.

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.

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.

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.

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Student Strip Searched For Vape Pen In Phoenix