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 Fulton
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State:
Multi-State
County:
Fulton
Control #:
US-000282
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The Court also clarified that blanket strip searches do not violate the Fourth Amendment even when they are conducted on pre-trial detainees or inmates charged with or convicted of minor offenses.
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.
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 Constitution, through the Fourth Amendment, protects people from unreasonable searches and seizures by the government. The Fourth Amendment, however, is not a guarantee against all searches and seizures, but only those that are deemed unreasonable under the law.