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Strip Search of 13-Year-Old for Drugs Unconstitutional, High Court Says
June 26, 2009

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News Summary

Arizona school officials violated a middle-school girl's Constitutional protection against unreasonable searches when they strip-searched her on suspicion of possessing prescription ibuprofen in school, the New York Times reported June 26.

The 8-1 decision in favor of Safford, Ariz., student Savana Redding called the strip search "embarrassing, frightening and humiliating." Redding was forced to strip to her underwear in front of school officials after another student said she gave her drugs. No drugs were found; the ibuprofen pills officials were looking for each contained medication equal to two Advil tablets.

The justices did not take issue with a search of Redding's backpack or outergarments but said the strip-search -- which included ordering the 13-year-old to pull her bra and underwear away from her body to prove that neither contained drugs -- was excessive. "The content of the suspicion failed to match the degree of the intrusion," the court opined.

Only Justice Clarence Thomas dissented, saying, "Redding would not have been the first person to conceal pills in her undergarments. Nor will she be the last after today's decision, which announced the safest places to secrete contraband in school."

The ruling advised school officials to weigh the potential danger of suspected contraband in deciding whether an intimate search is appropriate.

"A number of communities have decided that strip searches in schools are never reasonable and have banned them no matter what the facts may be," noted Justice David Souter.

The court did bar Redding from suing the assistant principal who ordered the search and two female school officials who conduced it, but a suit against the school district based on its practices and policies was allowed to proceed.

A lawyer for the school district said the high court's ruling hampers "the ability of school officials to protect students from the harmful effects of drugs and weapons on school campuses."

COMMENTS ON THIS ARTICLE:

Posted by No Bullroar on 26 Jun 09 06:41 PM EDT
Thomas is not a strict constructionist, he's a strict authoritarianist.

Posted by stopthehate on 29 Jun 09 10:37 AM EDT
Which would you consider more harmful to a child: two ibuprofen or a strip search? How does not allowing a child to be stripped searched over ibuprofen based on one other student's accusation, hamper a school's ability to protect students from the harmful effects of drugs and weapons? What about protecting a child from the harmful effects of ridiculous strip searches? Since they can't sue the asst. principal who ordered the search, sue the district until it can't afford to keep the pervert.

Posted by John French on 29 Jun 09 11:49 AM EDT
WHere does the culpability of the other student fall? If the accusation had been made to police instead of a school official, and it proved false, there might have been grounds for legal action against the other student. That might slow down kids who use authorities to attack other kids.

Posted by joshua on 29 Jun 09 01:04 PM EDT
you are right john, and had the school done the reasonable thing and just turned the acusation over to the police (whose job it is to handle these things) there could have been action against the accusing child. but the school stepped in and heroicly claimed all of the blame and wrongdoing for themselves. how heroic of them really.

Posted by Verde on 29 Jun 09 01:41 PM EDT
What about turning the search over to the parents. I think most parents would uphold the rules and hold their child accountable. I wouldn't want some cop searching my 13 year old either. And I think the search should match the crime. Two ibuprophen or two rocks of meth. One is much more dangerous than the other. Never leave common sense to the educational system.

Posted by Tom on 29 Jun 09 07:08 PM EDT
Since it involved a juvenile the cops would not have done much and i doubt if they would have done more then a pat down search, cops do not like messing with Juveniles at all unless they really have to, i am a retired cop and some want mess with them no matter what, unless its close to murder or something like it..You have to use a lot of common sense and there doesn't seem to be much of that going around ....

Posted by Julian on 01 Jul 09 06:10 PM EDT
I remain amazed that this went all the way to the supreme court. Hmmm I wonder what the school districts policy is on strip searching its employees for suspected ibuprofen pills?

Posted by Jack on 04 Jul 09 07:44 PM EDT
Just another example of an over zealous school official overreacting to reported drug possession. Don't get me wrong. I'm not advocating against a zero tolerance policy in school systems. I'm advocating for some common sense. Call the police and let them handle these types of situations and have the parents notified and be present. If this was my daughter, I would not be comfortable have her strip down to next to nothing in a room full of strangers.

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