Doesn’t my child have any constitutional rights not to be strip-searched and photographed?
Yes! The U.S. Supreme Court has ruled that educators must be very careful about school searches that go as far as a strip search, even under the more relaxed school standards. Case law in the Tenth Circuit (our circuit) holds that social workers are subject to the Fourth Amendment. This means that social workers can only perform a strip search when there is consent, a court order, or a real emergency.
FAQ
on strip searching children in Colorado
- What can I do to prevent state-sponsored child strip searching in Colorado?
- Do government workers in Colorado really strip-search children?
- Don’t government workers ask for consent before they strip-search or photograph a child?
- How and why does DHS photograph children’s private areas?
- Doesn’t my child have any constitutional rights not to be strip-searched and photographed?
- Does a strip search endanger my child?
- Is this strip-search policy dangerous to our society?
- How does DHS protect these pictures of naked children?
- If DHS cannot strip-search children, will child abuse go unchecked?
Because of the generality of the information on this site, it may not apply to a given place, time, or set of facts. It is not intended to be legal advice, and should not be acted upon without specific legal advice based on particular situations