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Strip-Searching Students Illegal? Supreme Court Not So Sure

by: David G. Savage  |  The Los Angeles Times

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Savana Redding was strip-searched in the nurse's office. The Supreme Court may rule that strip-searches at schools are legal. (Photo: Chris Richards / Chicago Tribune)

Justices appear unconvinced that the searches should be declared out of bounds. A 13-year-old honors student in Arizona was strip-searched in a hunt for drugs.

    Washington - The Supreme Court gave a skeptical hearing today to lawyers who were urging a rule against strip searching students at school.

    Instead, most of the justices voiced concern that students could hide dangerous drugs such as crack cocaine or heroin in their clothes.

    The case before the court concerns a 13-year-old Arizona girl who was strip searched in a nurse's office after a school friend said the girl, Savana Redding, had brought white pills to school. The pills were extra-strength ibuprofen, which is commonly taken for headaches and cramps.

    Last year, a U.S. 9th Circuit Court of Appeals ruled that the strip search of Savana Redding was unreasonable and unconstitutional since the pills were ibuprofen. And the court held that the school officials who ordered the search were liable for damages.

    But in their comments and questions, most of the justices signaled they are inclined to overturn that decision.

    Chief Justice John G. Roberts Jr. said the school officials should be shielded from being sued since the law governing school searches had not been clear. In the past, the court has said public officials cannot be held liable for damages unless they violate a "clearly established" right.

    Justice Anthony M. Kennedy, though a swing vote on many issues, has voted regularly to give police and school officials greater leeway to search for drugs.

    He objected when Adam Wolf, an American Civil Liberties Union lawyer for Redding, argued that the strip search was unreasonable because there was no evidence she was hiding anything in her underwear.

    "Is the nature of drug irrelevant?" he asked. "What if it was meth to be consumed at noon?"

    Wolf insisted that, even in this instance, school officials would not have reasonable grounds for strip searching a 13-year-old honors student. There was no reason to think she had pills in her underwear, he said.

    That reply did not appear to persuade Justice Stephen G. Breyer. It is "a logical thing" for adolescents to hide things, he said. A student might stick something "in their underwear," he added, provoking laughter when he said that this had happened to him at school. "It's not beyond human experience."

    For a moment, Justice David H. Souter tried to put himself in the mind of the vice principal who ordered the strip search of Savana Redding. The year before, a middle-school student had become violently ill after taking mysterious pills at school. The official may have feared a repeat.

    "Better embarrassment [of one student] than the risk of violent sickness and death," Souter said.

    A lawyer for the Safford Unified School District urged the justices to rule that school officials have broad authority to search students. The vice principal in this case had been told some students had pills, and they were to be passed around at lunchtime. Based on that report, "he was entitled to search any place where contraband might reasonably be found," said Matthew Wright, district's lawyer.

    What about a "body cavity search?" asked Justice Antonin Scalia.

    Wright replied that no school official would undertake such a search, but he insisted it would be legal.

    Wolf, the ACLU lawyer, said it would "send shudders down the spine" of children across the nation if the high court approves strip searches at school.

    A Justice Department lawyer urged the justices to say that strip searches are out of bounds unless officials have strong, clear evidence that a student is hiding something dangerous in his or her underwear.

    The tone of the argument gave little hint the justices will set such a limit, however.

    A ruling in the case of Safford School District vs. Redding will be issued by late June.

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Comments

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One simple test... Would

One simple test... Would the Court approve of similar searches for a teacher or staff member believed to be holding drugs? I truly don't understand how we can legitimize some things we do to kids that we would never in a million years imagine doing to adults.

The SCOTUS should be ashamed

The SCOTUS should be ashamed of themselves. They are completely overlooking the Bill of Rights that prohibits the federal government from depriving any person of life, liberty and property without due process. Namely the 4th amendment. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Was there a warrant to search this girl? No! Did the girl who told the principle this other girl had drugs take an oath in a courtroom? No! Instead the school's principle decided to violate a little girls civil liberties on the word of another little girl who got it all wrong.

In other words, Child Abuse

In other words, Child Abuse will be commended as legal & desirable, so long as it's conducted by the Principal's Office.

Another good argument for

Another good argument for home learning. If kids aren't locked in these" learning prisons", the "authorities" can't commit these outrages. What a great lesson in civics for a teenage girl, right? Herb at 15:18 below is also quite right.

The Supreme Court has been a

The Supreme Court has been a kangaroo body since the days of Reagan/Bush I, where misconstrued precedents are upheld if they support the fascists, and clear precedents are ignored if they uphold liberty and democracy. As Shrub said, the Constitution is just a g*d* piece of paper, and the Supreme Kangaroos agree.

Heaven help us! Whatever

Heaven help us! Whatever happened to #1, calling her parents and #2, calling police if illegal activity is suspected and #3, the rights afforded everyone (yes, EVERYONE) under the law. No school is in loco parentis, nor has the right to embarrass a minor student, no matter what their worries. To me it's a no-brainer, but some people in this country seem to have lost their way and need help. The school officials, I mean. As I said, Heaven Help Us!

I'm in shock. I really

I'm in shock. I really hoped that the face of fascism couldn't happen here in these United States. Although since childhood I had my suspicions. We know darn well the next step in this parade are the full body cavity searches...On Kids. If that be the case, the outlook for us adults isn't good. May Lady Liberty rest in a million pieces.

This case and ultimate

This case and ultimate decision, if in favor of the School District should come as no surprise to those watching SCOTUS and the politico’s in this country. When SCOTUS decided HERRING v. UNITED STATES, 555 U. S. ____ (2009) (slip opinion) it sounded the death knell to our Rights under the 4th Amendment. Today there are no less than 23 Judicial carved our exceptions to the 4th Amendments proscriptions on “unreasonable search and seizure.” While these illegal searches were inflicted on supposed criminals in the name of the “War on Drugs” or “War on Terrorism,” we sat by and condoned this conduct, as law abiding citizens we were above the reach of this conduct. Well now this egregious conduct is inflicted on our children are we going to sit idly by? In BELL v. WOLFISH, 441 U.S. 520, 558 (1979) authored by Justice Rehnquist “[a] body-cavity search,… the gross violation of personal privacy inherent in such a search cannot be out-weighed by the government's security interest in maintaining a practice of so little actual utility,” and while the Supreme Court acknowledged “[a]dmittedly, this practice instinctively gives us the most pause.” They did not pause long for the conclusion they came to was “[w]e nonetheless conclude that these searches do not violate that Amendment. The Fourth Amendment prohibits only unreasonable searches.” For those who might take comfort in Justice Scalia’s statement yesterday that he would question the validity of a body cavity search of a student PLEASE NOTE WHAT WAS SAID IN BELL AND THE CONCLUSION THE COURT CAME TO IN THAT CASE! What we need is our President to appoint Justices who will abide by their oath to uphold the Constitution!

This is exactly why my kids

This is exactly why my kids are home schooled...and why I teach them that those who claim to possess authority over others need to be vigorously questioned and never validated by blind compliance. When kids learn to give in to this kind of treatment, they are only being set up for much worse violations later on. The men and women of the Supreme Court once again prove themselves to be little more then ghosts. These are the people this nation turn to for wisdom and justice?

I agree with Michael Shaw

I agree with Michael Shaw and other commenters who deplore this trend to violate basic notions of privacy that ought to be protected. But if the courts are going to take this dangerous path, then the school officials who "get it wrong" - i.e., search without adequate justification - ought to be subject to civil and possibly criminal lawsuits, allowing the victims to receive damages for the violations perpetrated on them.

Isn't it odd that Right

Isn't it odd that Right Wingers want to give constitutional rights to embryos but take them away from teenagers.

After all US consciousness

After all US consciousness raising about child sexual abuse the abuse has abated not one jot nor tittle: not at all. Adults only talk about protecting children. Adults do not in fact do any thing, even the most minute thing, about it. Here we have pederasty protected. I have witnessed the loss of the millennial old culture of childhood. Children now have no play without the adult with a clip board. This terrible loss has no positive results. Sexually abused children, and strip searching is sexual abuse, learn no exit thinking, and much worse. We have sown the wind, and are reaping the whirlwind, as pedophilia monotheism predicts. Oh, children, we have failed you most despicably and willfully.

It's time for people to

It's time for people to understand that currently controlled substances are nowheres near as dangerous as a police state.

Didn't we just read a couple

Didn't we just read a couple of weeks ago how this country uses and abuses children? I get so tired of phony phrases like "No Child Left Behind", "Kids First", and the general exploitation of children. This incident only reinforces my belief that America hates and fears its children. In my eyes, America is has become a Fascist country.

Not long ago I read of the

Not long ago I read of the case of a teacher who, when "porn" showed up on her in-class computer monitor and she was too computer illiterate to understand how to turn it off, she was charged with child sexual abuse after her students told their parents (though she says the "porn" was "women in lingerie"--Victoria's Secret, anyone?). Her life was ruined. She had a miscarriage due to the stress. She was pressured to agree never to teach again (even though the charges didn't stick--obviously no one in authority wanted to admit they'd been wrong). Yet, these school officials who do a completely unwarranted strip search of an innocent young girl get off scot free??? Give me a break!