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 Contra Costa
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State:
Multi-State
County:
Contra Costa
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 ...
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.
School Searches and The Constitution The Fourth Amendment to the United States Constitution protects all citizens from illegal searches and seizures.
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 ...
Personal belongings T.L.O. (US Supreme Court, 1985), the Court ruled that school administrators do not need to have a search warrant or probable cause before conducting a search because students have a reduced expectation of privacy when in school.
“Can you 'Plead the Fifth' when you get called down to the principal's office?” Probably not. The Fifth Amendment right against self-incrimination applies only if whatever you would say could place you in danger of being prosecuted for a crime.
“Reasonable suspicion” is a legal term that relates to students' to constitutional rights. It means that school staff can only search a student when they have a reasonable belief that the student broke the law or school rules. Rumors or hunches are not enough to allow staff to search a student.