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Drug Strip-Search Case Before Supreme Court
March 25, 2009

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The U.S. Supreme Court will soon decide whether the desire to keep schools drug-free justified the strip search of a 13-year-old middle-school girl, the New York Times reported March 24.

Savana Redding, an 8th-grade honors student in Safford, Ariz., was strip-searched by a pair of female school employees in 2003; another student had accused Redding of possessing prescription-strength ibuprofen, a violation of the district's drug policy. The search revealed no drugs, however.

Redding's parents sued the school district, saying that the incident violated constitutional protections against unreasonable searches, and the U.S. Court of Appeals for the Ninth Circuit in San Francisco agreed. "It does not require a constitutional scholar to conclude that a nude search of a 13-year-old child is an invasion of constitutional rights," wrote Judge Kim McLane for the majority. "More than that, it is a violation of any known principle of human dignity."

The Safford Unified School District appealed the decision, however, and the case will go before the U.S. Supreme Court on April 21. In 1985, the courts allowed school officials to search a student's purse without a warrant or probable cause, saying that reasonable suspicion of drug possession was sufficient justification for the search.

The U.S. government has sided with Redding, saying the search was unreasonable because school officials had no reason to believe there were drugs hidden "inside her undergarments, attached to her nude body, or anywhere else that a strip search would reveal."

School-district lawyers said that the schools are "on the front lines of a decades-long struggle against drug abuse among students," citing federal studies showing a rise in prescription-drug abuse among young teens. The district argued that the search was "not excessively intrusive in light of Redding's age and sex and the nature of her suspected infraction."

Redding, now in college, said that school officials never asked her if she had drugs before searching her, and did not take into account her academic record and lack of a disciplinary record before accusing her. She did not return to school for months after the search, and eventually transferred to another school.

In a legal brief, the district was dismissive of those arguments. "Her assertion should not be misread to infer that she never broke school rules, only that she was never caught," the district claimed.

COMMENTS ON THIS ARTICLE:

Posted by joebanana on 25 Mar 09 11:53 AM EDT
Seems to me, that's beyond child abuse, these administrators are perverted sickies that need jail time. Minors have a different set of laws that are supposed to protect them from molesters, not subject them, to them.

Posted by PeteP on 25 Mar 09 04:49 PM EDT
To maintain that this was justified is unconscionable, especially given that the drug this girl supposedly "smuggled" into school was ibuprofen! What a threat that represents to school officials and students alike. Next thing you know, students may have a dangerous substance like caffeine cleverly hidden in the popular soft drinks they consume in school.

Posted by Melanie on 26 Mar 09 08:14 AM EDT
In a legal brief, the district was dismissive of those arguments. "Her assertion should not be misread to infer that she never broke school rules, only that she was never caught," the district claimed. --- This is the most absurd thing I've ever read! How pathetic that this weak attempt at character assassination is all the school has to fall back on.

Posted by Donald B Parsons on 26 Mar 09 08:41 AM EDT
I'm with ALL of the ABOVE. Just reading this sets my blood to boiling, even if this girl did have Ibuprofen on her. Words can't even describe my outrage. These SO CALLED professionals TOTALLY violated this girl in so many ways.

Posted by Paul on 26 Mar 09 08:41 AM EDT
This is an example of the extreme measures thought up and then justified by the War on Drugs mentality that has dominated our culture for 25 years. This case is a clear example of causing more direct harm than we could ever hope to to prevent. Lets hope the Supreme Court contributes to the turnaround needed to clear the decks, so to speak, and get serious about providing prevention, early intervention and treatment.

Posted by Robert on 26 Mar 09 08:42 AM EDT
Wow, lucky she didn't have a roll of Smarties in her purse. Does anyone else think schools/society is a little out of touch with lack of common sense?

Posted by Donald B Parsons on 26 Mar 09 08:47 AM EDT
I also think that the RAT that dropped the dime on her ought to be investigated in regards to why she would make such an accusation. I bet you'll find there was a personal grudge or jealousy against Savana Redding and this was some sort of pay-back.

Posted by Melody Piepho on 26 Mar 09 08:54 AM EDT
I definately think they violated her rights. When did we start strip searching 13 year olds on hearsay from another student. 13 year old girls can be quite cruel and vindictive and the young lady violated had not given anybody reason to believe she had been in violation of the rules. Please when did we stop using good old common sense. I would have removed my child from that school also.

Posted by Peeps on 26 Mar 09 09:03 AM EDT
I agree with the lower courts decision. It was wrong and frankly stupid for school officials to strip search a student any student anytime, but to strip search a 13 year old girl an the hearsay of another 13 year old students accusation. That was just plain stupid. I would have removed my child as well because I would have lost all confidence in the administrations ability to make wise decisions.

Posted by Sandra on 26 Mar 09 09:06 AM EDT
If we continue down this road of unwarranted searches and other abuses on individuals simply because during the last 8 years our government promoted "snitch" mentality and reward in this country I love, we are headed for disaster. What happened to our freedoms? I don't know about you but things like this scare the bejesus out of me.

Posted by Charlie on 26 Mar 09 09:23 AM EDT
I was in full agreement until I read the last comment. The "snitch mentality" comment disheartens me as a SA counselor. The mentality that "snitching" is a bad thing is something that should have ended with your high school years. Recovery is life and death. If someone jeapordizes your recovery and, thus, your life by trying to sell you drugs while you're in recovery, would you not turn that person in? If you knew they were going to harm your loved ones and could do something about it, would you not then be responsible for whatever ill befalls them?

Posted by Cindy on 26 Mar 09 09:47 AM EDT
You self rightous adults with your heads in the sans need to wake up and realize that these "13 year olds" have the wool over our eyes! I am told daily that these 13 yo and yes, 10,11, and 12 yos. have Xanax, "hydros", Lorcet, Oxycontin, and "anything you coul want", taped in their underware at school to share or sell. And they are dying from it each day in our society. Since parents are helpless when it comes to drug suspiscion, we've passed the buck (once again) to our schools. That's why by the time kids are in college, the Universities are supposedly responsible for keeping them from drinking themselves to death. Criticize all you want, but someone has to save this nation from it's addictions!!!!

Posted by Phil on 26 Mar 09 09:53 AM EDT
I am in accord with those above. Are we teaching our children the fundamentals of Fascim? To paraphrase the school's attornies' brif '...even though we didn't find anything it does't mean she wasn't guilty...'. An unsubstantiated report of 'prescription ibuprofen' against an honor student with no history of infractions, and a strip search to get to the bottom of things? No wonder school administrator set themselves up to look like utter fools and compromise the credibility of 'authority'...fertile ground for disrespect and rebellion...just the way to approach and teach adolescents!

Posted by ANNA on 26 Mar 09 10:02 AM EDT
In regards to Cindy's post, I agree that there are many students abusing prescription drugs. I have done a TON of research into this trend. And ibuprofen is NOT one of the drugs that is being abused by teens. Unless it had added narcotic ingredients, which is unlikely. If they suspected her of having oxycontin or something like that I might be more inclined to understand why the school did what they did, though I still would not condone strip searching a 13 year old in a school setting for any reason. Kids, especially girls, are often very modest at that age, and the fact that she didn't go back to school shows that this was extremely traumetizing and humiliating for her. I don't think we should generalize that because some 13 year olds may do bad things, that it excuses the way this particular girl was treated. Should all adults be held accountable because some adults do bad things? I used to work in a school, and I can attest to the fact that not all kids are bad. Kids are rarely trusted, and they are one of the only minority groups that can't vote, and can't defend themselves from adults who want to blame them for everything that is wrong in society.

Posted by Robert on 26 Mar 09 10:18 AM EDT
Cindy, since when is ibuprofen a dangerous drug that we have to strip seach a 13yo to find it? You must have had a bad experience with kids that you have this opinion of ALL kids. Most kids are not bad. Why don't we focus our anger towards a government that doesn't give us the money to prevent drug abuse or stop drugs from even making it in the country? The wool is not over my eyes, I know the drugs are there, but this is a extreme example of the zero tolerance mentality without using any logic or common sense. Kids are going to be kids, just like we were. What do we want, "Stepford" children?

Posted by bfromb1p on 26 Mar 09 10:38 AM EDT
This makes me SICK.

Posted by Bill Godshall on 26 Mar 09 11:13 AM EDT
If zero tolerance prohibitionists were stripped searched, their immoral and sadistic war against drug users (and those accused of being drug users or sellers) would have ended long ago.

Posted by Anonymous on 26 Mar 09 11:35 AM EDT
Ibuprofen is a dangerous drug. More dangerous than some illicit ones, potentially, especially in the hands of children that can't be counted on to use it safely. Snitching IS bad. It's nothing but tattling. It's maliciously making use of feared authority figures simply to make the life of someone else worse. Recovery from ibuprofen isn't life or death. It's an anti-inflammatory, not an opiate. Sorry you're all so burnt out on adolescents with drugs, but strip searching them isn't going to stop drug abuse. Only a pedophile would have faith enough to try such an approach.

Posted by Outraged on 26 Mar 09 11:41 AM EDT
"In a legal brief, the district was dismissive of those arguments. "Her assertion should not be misread to infer that she never broke school rules, only that she was never caught," the district claimed." What the hell? Isn't our judicial system supposed to operate on a basis of "Innocent until proven guilty"? How could it possibly be okay for a public school district to assume the girl is guilty, and to go to such lengths to prove it as to strip search her? Something is very wrong with our society if this attitude prevails in our schools. Our children can only be expected to grow up more presumptive, bitter, and resentful than those we give them as role models.

Posted by Mike on 26 Mar 09 11:59 AM EDT
This was absolutely a case of serious overkill and extremely poor judgment on the schools part. A standard of judgment that they appear determined to continue in their awful handling of the case. They are undermining the legitimate struggle to decrease the presence of dangerous substances on school grounds. "Snitching" is not a black and white issue, and personally I would like to see the term abolished. "Jailhouse" terminology has no place in a legitimate and civil discussion. If someone tells out of concern for safety than good for them! If it is for retribution, personal grudge or to save their own skin than they have some serious character flaws they need to address.

Posted by CJM on 26 Mar 09 01:12 PM EDT
Since Cindy has been set straight (forgive the pun) that her rant has nothing to do with the situation at hand, I must respond to Charlie. The "snitch mentality" is distructive and results in a lack of trust and safety, pushing the issue underground and causing youth in trouble to NOT seek help. I ran a youth substance abuse treatment and prevention program for seven years, and I agree that recovery is life and death. But that has NOTHING to do with this girl being illegally searched and her rights being violated. Charlie and Cindy need to get their knee-jerk reactions (usually based on their own issues) in check so they can see more clearly.

Posted by Denny Powers on 26 Mar 09 01:53 PM EDT
Teachers have duty to act under the law of most jurisdictions. Failure to act is viewed as a crime and sets the school up for liability claims. Suppose given the probable cause the teachers possessed and failed to act and by failing to act, serious medical problems has resulted by someone taking the prescription strength ibuprofen, where would we be. Prescription strength is simply double the OTC dosage and not likely to cause harm. Remember we have given teachers authority to search with a lesser standard of probable cause than the police( numerous court cases support this). A strip search would be in order for anyone suspected of possessing drugs. The bigger question is--was the student violating any state law or just a school policy. The supreme court will rule in favor of the teachers.Before strip searches are conducted of juveniles, parents should be invited. I doubt the police were ever notified which causes a problem for the school coupled with the fact no drugs were found. I hope the school has an edtablished written procedures for this type of incident and that the probable cause was well documented prior to the search.

Posted by Dan on 26 Mar 09 03:45 PM EDT
I've done SA assessments on middle school kids referred by the public schools...I had a similar case that was totally ridiculous. To really get to the heart of the matter, its just a simple lack of common-sense in applying rules. Unfortunately, our public school system (and its unions)have made it difficult to remove employees who lack common-sense from working with our children.

Posted by Derrick on 26 Mar 09 04:13 PM EDT
Lack of common sense is right... If their judgement is that poor, I believe they need to be investigated to see if any other violations have occurred at that school. And to continue trying to justify it, add salt to the wound. Sad, sad, sad...out of touch and very ingnorant!

Posted by Frrank Winkler on 26 Mar 09 06:40 PM EDT
What ever happened to "innocent until proven guilty?" (Never broke the rules, just never caught.) Why didn't the school first notify the parents? Apparently they hav eno real policy on when or how to respond to such accusations. Our constitution and Supreme Court have set quite well defined staqndards re probable cause based on reasonable belief. I doubt seriously this accusation would have mmade it past the preliminary hearing in a criminal case. I suspect the school system is in a totally defensive crouch at this point and is (justifiably) concerned about civil liability-- as well they should be. This case should cost everyone from the superintendent down their respective positions.

Posted by Tommy on 26 Mar 09 10:37 PM EDT
Another case of over-reaction by the school. like the kid who forgot his hunting bow and arrow in his truck, told his first period teacher, and was still suspended for 2 weeks for bringing a weapon to school. Over-reaction.

Posted by stopthehate on 27 Mar 09 10:17 AM EDT
Every school official who participated in or approved this action should be terminated, and some jailed. This is child abuse!

Posted by Julian on 27 Mar 09 06:48 PM EDT
One additional point not mentioned is that the school district, having been ruled against in the court of appeals would take this issue all the way to the supreme court, let alone the supreme court accepting this case. I wonder how the teachers and school officals would react if they were required to be strip searched if accused of being impaired or carrying drugs based on hearsay evidence?

Posted by chuck matson on 28 Mar 09 08:32 PM EDT
The court will make their decision at least partly based upon the legal concept of “in loco parentis.” This is Latin term meaning in place of the parent. Partly because of the increase reports of school violence and drug use courts have granted school administrators greater search powers than any other profession outside correction workers. School officials are not only allowed to act like a parent should, they are required to. Thus another way to look at this situation is was the search reasonable in a child parent situation? The acts by the school may have been excessive but should not be compared to criminal deeds such as molestation.

Posted by Recover Now on 30 Mar 09 10:36 AM EDT
Very good Chuck. How about us looking at the real problem, the lack of prevention, instead of the hardline approach we are seeing today. Let's look how we continue to perpetuate low self-esteem and dysfunctionalism in our society, the leading cause for kids as well as adults to start using drugs and alcohol ultimately becoming addicted. We as a society very often damage our chilren simply because we are still operating today based upon our own past. As well we have become a society of extremely Black and White thinking. The Safford school district came under fire for this. If one of the involved school officials had used discretion due to believing, oh its only Ibuprofen, and had not followed through on policy, and then it was found little Suzie really was pulling the wool over everyones eyes, the Safford School district would still be in hot water with a law suit of another kind. Instead of continuing to place blame, how about we start getting well.

Posted by joshua on 30 Mar 09 10:47 AM EDT
No, chuck. the search would not have been reasonable in a parent child relationship. I would never ask my daughter, who had no history of bad behavior to strip in front of me so i could verify an accusation by another child that she was carying a drug that is not addictive or dangerous, in a dose that is safe to sell over the counter. and neither would any thinking person in this country. and if they did it is because they had some sick reason for wanting to see the girl naked.

Posted by Tom on 30 Mar 09 07:37 PM EDT
It seems obvious that none of you have read the actual case decision; do a web-search for Redding v. Safford Unified School District. There is much more to this than reported by Jointogether. First, the district court and then the 9th Circuit (most liberal in the nation) ruled in favor of the school. The parents appealed both times. A later en banc decision reversed these findings. After reading the fact findings, you will see that the school had much more to go on than simply a 'snitch'. My personal opinion is that the search was reasonable, considering the information available to the school administration at the time.

Posted by chuck matson on 30 Mar 09 07:48 PM EDT
Joshua: Respectfully you've changed the facts of the case. The female student was searched by a pair of female school employees. It cannot be compared with a father strip searching his daughter. The dose, legality and dangerousness of the drug are a moot point. The fact was that possession is against school policy and the administration is legally bound to do something. Every school I’m aware of has the same type of policy on this chemical because as I mentioned earlier communities demands it. The school administration is also obligated to conduct a complete investigation no matter whom the student was and where the information came from. That is the law. Was their response excessive? It sounds like it to me but remember we do not have all the information. We have only been told the sorted details that the media felt would make the best story. My point was that this situation cannot be logically compared to child abuse or a perversion such as wanting to see a naked underage girl. If you disagree I would ask you to speak with a victim of one of those types of horrific crimes. I think that might change your mind. thanks for you consideration.

Posted by Lana on 31 Mar 09 10:37 PM EDT
I totally agree with Julian. All of you who want these kind of searches legal, imagine yourself in her place. I do not think this is a good feeling. Imagine living with knowing that a total stranger saw you naked!!

Posted by joshua on 01 Apr 09 12:19 AM EDT
no chuck, it would be wholly reprehensible for a mother to strip search her daughter too. i went and did the research you suggested tom, it doesn't make this situation any less wrong. there were 2 girls who were clearly engaged in bad behavior, both were strip searched by the school officials. both strip searches revealed nothing and both girls were suspended for posession of drugs and weapons anyways. there was no need for any searching. how is it important to know whether a girl who is suspended and leaving the school does so with an advil tablet hidden in her bra? even if drugs had been found in the search, the situation would have been exacly as it was before the search. it's just a bad idea to let anti-drug hysteria overflow so much that people actually say that asking a teenage girl to disrobe in front of school administrators is acceptable.

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