Teen Strip-Search Case Heads to U.S. Supreme Court

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Teen Strip-Search Case Heads to U.S. Supreme Court

Postby SBinRockrimmon » Wed Apr 22, 2009 6:21 am

I can't believe this hasn't been shot down long before now. If this were my child I would most likely end up getting myself in serious trouble. I don't understand why schools think they have the authority to do what even the police cannot.

http://www.foxnews.com/story/0,2933,517104,00.html


TUCSON, Arizona — Savana Redding was 13 years old when she was told to remove her clothes for a strip search by school officials looking for two ibuprofen pills. And while the humiliation hasn't diminished in the past five and a half years, she hopes the U.S. Supreme Court can do something about the emotional scar.

The nation's highest court will hear the 19-year-old's case Tuesday against Safford Middle School officials who searched her for prescription-strength pills that a fellow student accused her of having.

"I'm never going to be able to forget about this," says Redding, a college freshman living in her hometown of Safford in rural eastern Arizona. "I'll think about it constantly, but I don't think it'll be as big a burden."

The Supreme Court will hear arguments on whether school officials violated the Fourth Amendment, which prohibits unreasonable searches. Among the questions to be resolved are whether they had reasonable grounds to believe Redding was hiding pills and whether the pills posed a public health threat serious enough to justify a strip search.

If the court finds the search was unconstitutional, it will have to decide whether school officials can be held financially liable by determining whether it should have been clear to them in October 2003 that the search was illegal.

"Strip searches of children produce trauma similar in kind and degree to sexual abuse," said Adam Wolf, an American Civil Liberties Union attorney representing Redding. "For Savana, she thinks about this event every day, has trust issues with her peers and adults ... The search has radically altered her life."

A federal magistrate had dismissed the lawsuit Redding and her mother brought, and a federal appeals panel agreed that the search didn't violate her rights. But last July, a full panel of the 9th U.S. Circuit Court of Appeals found the search was "an invasion of constitutional rights."

The court also said vice principal Kerry Wilson could be found personally liable. The Safford Unified School District appealed to the Supreme Court.

The district bans prescription and over-the-counter drugs. A schoolmate had accused Redding, then a middle-school honor student, of giving her pills, and Wilson took Redding to his office to search her backpack.

Redding said Wilson ordered her to go with a secretary to the nurse's office where "they asked me to take off my shirt and pants." She said they then told her to move her bra to the side and to stretch her underwear waistband, exposing her breasts and pelvic area.

Redding said she didn't refuse because "I'm one of those kids who does what they're told."

"I was panicky, but I didn't want them to know," Redding said. "I just wanted to get out of there."

No pills were found.

"Her mom was irate," said Wolf. "She feels that her parental rights were taken away and that the school had no business executing the search on her child."

Matthew Wright, the school district's attorney, declined interviews but suggested in a statement that there was a "reflexive action" in media coverage stemming from "a superficial understanding of the facts."

He wrote that school officials sometimes were in an "untenable position" for either trying to enforce drug-free policies or being too lax in intercepting potentially harmful drugs.

A 1985 Supreme Court decision that dealt with searching a student's purse has found that school officials need only reasonable suspicions, not probable cause. But the court also warned against a search that is "excessively intrusive."

Redding eventually left the school and graduated from another junior high. But she dropped out of Safford High School because of unexcused absences. Redding, who developed bleeding ulcers, had refused to see the nurse — the woman who had searched her.

Redding, who left an alternative school without graduating, said she's now introverted and untrusting, has few friends and prefers staying home. She entered Eastern Arizona College after passing an entrance exam despite not having a diploma, plans to major in psychology and wants to "help other people that are like me."

She said she hoped the Supreme Court sets clear guidelines for how school administrators "should go about searches like this."

Safford's school officials "never apologized to me," she said. "They think what they did was right."

But Redding thinks she's won however the court rules. "It's made such a big ruckus in the media that people are going to know, and people won't want this to happen in their schools," she said.
I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them. - Thomas Jefferson

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Re: Teen Strip-Search Case Heads to U.S. Supreme Court

Postby SBinRockrimmon » Thu Jun 25, 2009 9:12 pm

Top court rules strip search of teen was illegal
Supreme Court says Arizona school officials violated the law ............

http://www.msnbc.msn.com/id/31544930/ns ... and_courts

News link above.
I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them. - Thomas Jefferson

To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical. - Thomas Jefferson

Those who desire to give up freedom in order to gain security will not have, nor do they deserve, either one. - Benjamin Franklin
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Re: Teen Strip-Search Case Heads to U.S. Supreme Court

Postby Rob C » Fri Jun 26, 2009 9:40 am

AP wrote:In a dissent, Justice Clarence Thomas found the search legal and said the court previously had given school officials "considerable leeway" under the Fourth Amendment in school settings.

Officials had searched the girl's backpack and found nothing, Thomas said. "It was eminently reasonable to conclude the backpack was empty because Redding was secreting the pills in a place she thought no one would look," Thomas said.

"Redding would not have been the first person to conceal pills in her undergarments," he said. "Nor will she be the last after today's decision, which announces the safest place to secrete contraband in school."
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Re: Teen Strip-Search Case Heads to U.S. Supreme Court

Postby safety frog » Fri Jun 26, 2009 10:24 am

I think this is the first time I have agreed with the ACLU. This case just shows how bad it has become in our schools, when an educator thinks they can look in your children's underwear for imaginary ibuprofin tablets. What potential harm did the tablets pose compared to obvious abuse the student had to be subjected to? Talk about child porn.

"Redding would not have been the first person to conceal pills in her undergarments," he said. "Nor will she be the last after today's decision, which announces the safest place to secrete contraband in school."


It the educators had used common sense this case never would have been brought.
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Re: Teen Strip-Search Case Heads to U.S. Supreme Court

Postby SBinRockrimmon » Fri Jun 26, 2009 9:14 pm

Rob, I'm not sure what your position is by only quoting the only justice that offered a dissent. Are you saying you agree with Justice Clarence Thomas, or did you provide the quote because you wanted to point our how ridiculous the opinion of violating someones rights is?

It is clear the school officials went way too far. Personally I think the police should be called in for any search of a student. In day to day life a police officer needs probable cause to conduct a search, unless said person consents to the search. If said search involves a minor a parent should be consulted to provide consent or not. I'd like to know what makes a school official above the law.
I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them. - Thomas Jefferson

To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical. - Thomas Jefferson

Those who desire to give up freedom in order to gain security will not have, nor do they deserve, either one. - Benjamin Franklin
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Posts: 952
Joined: Fri Jul 18, 2008 11:34 pm


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