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.
Search Amendment With Schools In Tarrant
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State:
Multi-State
County:
Tarrant
Control #:
US-000282
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FAQ
While education may not be a "fundamental right" under the Constitution, the equal protection clause of the 14th Amendment requires that when a state establishes a public school system (as in Texas), no child living in that state may be denied equal access to schooling.
The broad authority of school administrators over student behavior, school safety, and the learning environment requires that school officials have the power to stop a minor student in order to ask questions or conduct an investigation, even in the absence of reasonable suspicion, so long as such authority is not ...
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 ...
A: In the United States, including California, the Fifth Amendment right against self-incrimination applies to criminal proceedings, not to academic settings like high schools.
However, the 10th Amendment reserves the power to govern education to the states, allowing them to set their policies and regulations.
While education may not be a "fundamental right" under the Constitution, the equal protection clause of the 14th Amendment requires that when a state establishes a public school system (as in Texas), no child living in that state may be denied equal access to schooling.
A: In the United States, including California, the Fifth Amendment right against self-incrimination applies to criminal proceedings, not to academic settings like high schools.
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 ...
In general, the more intrusive a search is, the more evidence will be required to justify it. This basically means that the school must have a stronger reason for a searching your body than for searching your belongings and they must have a stronger reason for searching your belongings than for searching your locker.