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 San Jose
Category:
State:
Multi-State
City:
San Jose
Control #:
US-000282
Format:
Word;
Rich Text
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FAQ
There are five easy ways to file a complaint: Online Complaint Form. Phone: (408) 794-6226. Email: ipa@sanjoseca. Mail: 96 N. Third St., Suite 150, San Jose, CA. In-Person: 96 N. Third St., Suite 150, San Jose, CA.
There are five easy ways to file a complaint: Online Complaint Form. Phone: (408) 794-6226. Email: ipa@sanjoseca. Mail: 96 N. Third St., Suite 150, San Jose, CA. In-Person: 96 N. Third St., Suite 150, San Jose, CA.
No person shall disturb the peace, quiet and comfort of any neighborhood by creating therein any disturbing or unreasonably loud noise. (Prior code § 4231; Ord. 24198.)
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.
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.
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.
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.