Search Amendment With Schools In Wayne

State:
Multi-State
County:
Wayne
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 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 ...

The Fourth Amendment of the Constitution guarantees the right of everyone “to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” This means that if the government (and government institutions like public schools) wants to search your belongings, or take them away from ...

Searches conducted by school officials are government action and are subject to Fourth Amendment scrutiny; students have a legitimate expectation of privacy in their belongings at school.

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.

Final answer: The exclusionary rule does apply to searches conducted by school officials in public schools, but the standard for conducting a search is 'reasonable suspicion' rather than 'probable cause'.

The exclusionary rule does apply to searches conducted by school officials in public schools, but the standard for conducting a search is 'reasonable suspicion' rather than 'probable cause'.

Wayne Township is in Passaic County and is one of the best places to live in New Jersey. Living in Wayne Township offers residents a dense suburban feel and most residents own their homes. In Wayne Township there are a lot of restaurants, coffee shops, and parks.

Mark Toback - Superintendent of Schools - Wayne Township Public Schools | LinkedIn.

Wayne is located in the 9th and 11th Congressional Districts and is part of New Jersey's 40th state legislative district.

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Search Amendment With Schools In Wayne