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  (#1 (permalink)) Old
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Supreme Court to consider strip-searches at schools - April 19th 2009, 12:39 AM

http://mobile.latimes.com/inf/infomo...724&nopaging=1
Quote:
Reporting from Safford, Ariz.-- When Savana Redding, now 19, talks of what happened to her in eighth grade, it is clear that the painful memories linger. She speaks of being embarrassed and fearful and of staying away from school for two months. And she recalls the "whispers" and "stares" from others in this small eastern Arizona mining town after she was strip-searched in the nurse's office because a vice principal suspected she might be hiding extra-strength ibuprofen in her underwear. The U.S. Supreme Court on Tuesday will hear her case. Its decision, the first to address the issue of strip-searches in schools, will set legal limits, if any, on the authority of school officials to search for drugs or weapons on campus. If limits on searches are imposed, the school district warns, its ability to keep all drugs out of its schools would be reduced. In this case, said school district lawyer Matthew Wright, the vice principal was concerned because one student had gotten seriously ill from taking unidentified pills. "That was the driving force for him. If nothing had been done, and this happened to another kid, parents would have been outraged," Wright said. In California and six other states, strip-searches of students are not permitted. Only once in the past has the high court ruled on a school-search case, and it sounds quaint now. It arose in 1980 when a New Jersey girl was caught smoking in the bathroom, and the principal searched her purse for cigarettes. The justices upheld that search because the principal had a specific reason for looking in her purse. However, they did not say how far officials could go -- and how much of a student's privacy could be sacrificed -- to maintain safety at school. That's the issue in Safford Unified School District vs. Redding. Savana was an honors student, shy and "nerdy" when the she began eighth grade, she says. She first learned she was in trouble when Vice Principal Kerry Wilson entered math class one morning and told her to come with him to the office. He was in search of white pills. Wilson knew that a boy had gotten sick from pills he obtained at school. And that morning, another eighth-grader, Marissa Glines, was found with what turned out to be several 400-milligram ibuprofen pills tucked into a folded school planner. A few days before, Savana had lent Marissa the folder. The vice principal also found a small knife, a cigarette and a lighter in it. When asked where she got the pills, Marissa named Savana Redding. These "could only be obtained with a prescription," Wilson reported. Commonly used for headaches or to relieve pain from menstrual cramps, ibuprofen is marketed under brand names including Advil and Motrin with recommend doses of 200 and 400 milligrams. "District policy J-3050 strictly prohibits the nonmedical use or possession of any drug on campus," Wilson explained later in a sworn statement. Savana said she knew nothing of the pills in the folder. "He asked if he could search my backpack. I said, 'Sure,' " she recalled. When nothing was found, Wilson sent Savana to the nurse's office, where the nurse and an office assistant were told to "search her clothes" for the missing pills. Savana said she kept her head down, embarrassed and afraid she would cry. After removing her pink T-shirt and black stretch pants, she was told to pull her underwear to the side and to shake so any pills there could be dislodged. It was "the most humiliating experience" of her young life, she said. "We did not find any pills during our search of Savana," Wilson reported. When her mother arrived at the school to pick her up, another student called out to her: "What are you going to do about them strip-searching Savana?" Upset and angry, April Redding said she marched to the principal's office, then to the superintendent's office nearby. Both denied at first knowing that a student had been strip-searched. "It was wrong. I didn't think anything like that could happen to my daughter at school," she said, wiping a tear. She later met with the principal but left, unsatisfied: "He said you should be happy we didn't find anything." Contacted at the school recently, Wilson declined to discuss the case, as did other school officials. When no one apologized, April Redding sued the school district for damages. Her lawyers from the American Civil Liberties Union say the strip-search went far beyond the bounds of reasonableness, especially when there was no imminent danger. A strip-search can be deeply embarrassing and leave an emotional scar, they add. So far, however, judges have been almost evenly divided over whether Savana's rights were violated. A federal magistrate in Tucson held that the search was reasonable because the vice principal was relying on the tip from another student. In a 2-1 decision, the U.S. 9th Circuit Court of Appeals agreed. Last year, however, the full 9th Circuit Court took up the case and ruled 6 to 5 for the Reddings. Judge Kim McLane Wardlaw said the vice principal's action defied common sense as well the Constitution. "A reasonable school official, seeking to protect the students in his charge, does not subject a 13-year-old girl to a traumatic search to 'protect' her from the danger of Advil," she wrote. "A school is not a prison. The students are not inmates," she added, noting that juvenile prisoners are given more rights than were given Savana. Two of the dissenters agreed the search was unreasonable, but they said the officials should be shielded from suits because the law has been unclear. The three other dissenters, including Chief Judge Alex Kozinski, said the search was reasonable based on what Wilson knew at the time. Last fall, the school district appealed to the Supreme Court, saying it "finds itself on the front lines of the decades-long war against drug abuse among students." The justices voted in January to hear the case, a good sign for the school district. In recent years, national school officials say they have heard of only a few instances of strip-searches at schools. After the search, Savana refused to return to the middle school. She did not want to be in the presence of the nurse or the office assistant who she said humiliated her. She went to an alternative high school in Safford but dropped out before graduating. She is taking psychology classes at nearby Eastern Arizona College. She and her mother plan to travel to Washington to hear her case argued before the Supreme Court on Tuesday. For Savana, it will be her first trip on an airplane.
THIS IS BULLSHIT.


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Re: Supreme Court to consider strip-searches at schools - April 19th 2009, 01:29 AM

Wow. A strip search over advil? School officials should not have the right to subject students to strip searches based off of rumours. If they didn't find anything in her back pack and were still suspicious, they should have contacted the proper authorities, like cops.


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  (#3 (permalink)) Old
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Re: Supreme Court to consider strip-searches at schools - April 19th 2009, 01:33 AM

System is corrupt.


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Re: Supreme Court to consider strip-searches at schools - April 19th 2009, 01:41 AM

that's completly wrong


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Re: Supreme Court to consider strip-searches at schools - April 19th 2009, 01:43 AM

I don't know what to think of this. I wouldn't want to be stripped searched at school. I think it is better to call the police and let them handle the situation.


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Re: Supreme Court to consider strip-searches at schools - April 19th 2009, 02:33 AM

If there are multiple reputable sources indicating that someone has a harmful substance or weapon on school grounds, then I can understand a strip search being used as a last-resort method. Other than that, it's a disgrace.


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Re: Supreme Court to consider strip-searches at schools - April 19th 2009, 03:01 AM

A strip-search should be left to the police, whose job it is to do so. Even if she had a variety of illegal drugs in her possession, she was not an active threat to anyone - drugs are not a weapon - she could have just been kept in a room, monitored while the police arrived.

And they were looking for "white pills". Umm, with the exception of about 3, every medicinal drug I've come across has been white. It's a bit generic.

The article beat me to it when it said that schools are not prisons. Students are supposed to go there to learn in a safe environment. If a school has the right to strip search students, what makes it safe? The school becomes the bully!
And it's so open to abuse - it could easily be used as a disciplinary action, then later justified.
Example: In schools I've seen, there are good students and there are bad student. The good ones are the ones who do their work and don't get into trouble. The bad students are the ones who frequently get into trouble. If the good student misbehaves in a lesson, they are almost always dealt with less harshly than if a bad student behaved in the same manner.
Now a lot of schools also have anonymous tip boxes - little boxes where you can drop a note anonymously to report bullies, or if a student has brought weapons or drugs on campus.
See where this can go horribly wrong in so many different ways? Here's just one way - a bad student is misbehaving in a class, and all other disciplinary methods have failed to stop this bad student misbehaving. So they decide to strip-search the student to humiliate them. Obviously it wouldn't be public, but it'd be embarrassing enough with just one staff member there.
Later, when it is questioned why the student was strip-searched, the school brings forth an 'anonymous' tip that was left in the tips box.

I sincerely hope the court finds in the students favour.



   
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Re: Supreme Court to consider strip-searches at schools - April 19th 2009, 03:12 AM

First off, everyone keep in mind the Supreme Court is REVIEWING this case. If they allow this...I will be extremely shocked.

"Only once in the past has the high court ruled on a school-search case, and it sounds quaint now. It arose in 1980 when a New Jersey girl was caught smoking in the bathroom, and the principal searched her purse for cigarettes.

The justices upheld that search because the principal had a specific reason for looking in her purse. However, they did not say how far officials could go -- and how much of a student's privacy could be sacrificed -- to maintain safety at school."

I think its good that they are reviewing this case. NJ v. TLO (the case mentioned above) justified looking into random backpacks and purses....But strip searches go way too far, and I hope the Supreme Court rules that way.

I also think they will take this opportunity to finally set standards about how far the school can intrude in the student's privacy and rights. As of now there isn't really any set rule on what they can and can't do. I hope the Supreme Court finally makes these rules. Granted, I believe that that power should remain with the states, but if court can set minimal guidelines, I think that'd be great.
   
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Re: Supreme Court to consider strip-searches at schools - April 19th 2009, 03:14 AM

More harm then good will come out of this.


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Re: Supreme Court to consider strip-searches at schools - April 19th 2009, 03:20 AM

Quote:
Originally Posted by EDGE View Post
More harm then good will come out of this.
Potentially.

But honestly, there really is not much else that government can do to further infringe the constitutional rights of juveniles...

This case also has alot of potential to bring good, and thats what I'm hoping for...

Edit: I think the title of this thread is very misleading. The Supreme Court is reviewing the case, not "considering" it. They are either "considering" it, or thinking about reversing it. We don't know which one yet. They obviously wanted to say more, or else they would not have taken the case in the first place.

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Re: Supreme Court to consider strip-searches at schools - April 19th 2009, 04:50 AM

I seriously hope they don't pass this for rights of the students.


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Re: Supreme Court to consider strip-searches at schools - April 19th 2009, 03:48 PM

I would have walked out.
The second a school decides to strip search you when you know you are innocent is the second you should get your ass up and leave.


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Re: Supreme Court to consider strip-searches at schools - April 19th 2009, 05:44 PM

Definitely something the police should do, not school officials.


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Re: Supreme Court to consider strip-searches at schools - April 19th 2009, 08:51 PM

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First off, everyone keep in mind the Supreme Court is REVIEWING this case. If they allow this...I will be extremely shocked.
The fact that they're even reviewing it is pathetic in my opinion.

That's so mentally scarring. And one of the worst things you could do to a child. If that was my child I would have sued them...

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Re: Supreme Court to consider strip-searches at schools - April 20th 2009, 12:16 AM

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I would have walked out.
The second a school decides to strip search you when you know you are innocent is the second you should get your ass up and leave.
Yeah, but she probably wasn't allowed to leave. I mean, I assume there was at least one adult present, instructed to stop her if she attempted to leave.


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Re: Supreme Court to consider strip-searches at schools - April 20th 2009, 02:17 AM

Congress is so corrupt these days passing bills they havent even read all the pages of, if this passes i feel sorry for all the innocent victims.



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Re: Supreme Court to consider strip-searches at schools - April 20th 2009, 02:27 AM

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Yeah, but she probably wasn't allowed to leave. I mean, I assume there was at least one adult present, instructed to stop her if she attempted to leave.
If it was me instead of her in that situation, and I knew I was innocent, I would get violent. The second anyone tried to touch me I'd start breaking bones.


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Re: Supreme Court to consider strip-searches at schools - April 20th 2009, 02:30 AM

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If it was me instead of her in that situation, and I knew I was innocent, I would get violent. The second anyone tried to touch me I'd start breaking bones.
Exactly right.


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Re: Supreme Court to consider strip-searches at schools - April 20th 2009, 02:54 AM

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If it was me instead of her in that situation, and I knew I was innocent, I would get violent. The second anyone tried to touch me I'd start breaking bones.
You should really rethink that comment. If she's innocent, why would she resort to violence and get a criminal charge against her? Maybe that comment was meant in a sarcastic manner, I don't know.

I'm not going to debate the constitutionality of this because its far beyond debating. When you're forced to get nekkid at school for something you may or may not possess, and which the possession of has no immediate consequences to those around you, you know there's a problem. Edge summed it up pretty well. This is bullshit.


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Re: Supreme Court to consider strip-searches at schools - April 20th 2009, 03:21 AM

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You should really rethink that comment. If she's innocent, why would she resort to violence and get a criminal charge against her? Maybe that comment was meant in a sarcastic manner, I don't know.
...If I was going to be violated like that, I would have gotten physical.

Especially, did they ever care to think about if she had been sexually abused or not?



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Re: Supreme Court to consider strip-searches at schools - April 20th 2009, 03:55 AM

Think of it as molestation of a minor.


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Re: Supreme Court to consider strip-searches at schools - April 20th 2009, 03:57 AM

doesnt she have the right to refuse a search? If an administrator asks to search your stuff you are allowed to say no. Thats when they call the SRO and have them search you. She could have just said no. Especially since she didn't have anything on her. Then they would have had the police do the search, with her paren present because they have to notify the parents and wait till they get there, and then everything would have been a little better. But she was probably scared and frightened. It sounds more like she was bullied by the principal.
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Re: Supreme Court to consider strip-searches at schools - April 20th 2009, 04:21 AM

Yea police/jail guards and airport officals only have the right to conduct legal strip searchs.


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Re: Supreme Court to consider strip-searches at schools - April 20th 2009, 04:32 AM

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doesnt she have the right to refuse a search? If an administrator asks to search your stuff you are allowed to say no. Thats when they call the SRO and have them search you. She could have just said no. Especially since she didn't have anything on her. Then they would have had the police do the search, with her paren present because they have to notify the parents and wait till they get there, and then everything would have been a little better. But she was probably scared and frightened. It sounds more like she was bullied by the principal.
When it comes to official law enforcement for adults, then yes. You are allowed to just say no. I imagine its similar for employer-employee relations as well - to an extent.

But when dealing with minors in a school setting, the rules change. Officials at school can search ANYTHING of yours. Backpacks, purses, pockets, lockers, anything. This is because when at school, students only have a limited expectation of privacy, and because the school has a duty to keep the place a safe learning environment (not saying I agree, but this is just how it is). This is what was decided in the other case mentioned in the article, when the principal instructed a student to empty her purse. The issue with this decision was that they never said how far they could go...

And EDGE, this isn't Congress' fault. Theres no such bill that allows schools to perform strip searches. I don't even recall seeing the word bill in that article anywhere, because none existed. And I highly doubt it happens very often in the country. This is a case of a school abusing their power that was given to them in the case above. If you want to throw blame, then blame the Judiciary branch, which would be perfectly reasonable.

And I agree Gidig. Its pretty sad that this case needs to go this far in order to set it right....I hear ya.
   
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Re: Supreme Court to consider strip-searches at schools - April 20th 2009, 05:33 AM

Quote:
Originally Posted by PyroTy21 View Post
doesnt she have the right to refuse a search? If an administrator asks to search your stuff you are allowed to say no. Thats when they call the SRO and have them search you. She could have just said no. Especially since she didn't have anything on her. Then they would have had the police do the search, with her paren present because they have to notify the parents and wait till they get there, and then everything would have been a little better. But she was probably scared and frightened. It sounds more like she was bullied by the principal.
If she did have the right to refuse the strip search, that would raise a whole other issue of a minor being informed of their rights. It would be extremely unlikely a grade 8 would be well versed with law and their rights under it.


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Re: Supreme Court to consider strip-searches at schools - April 21st 2009, 12:50 AM

Strip searches should be performed only by law enforcement. And, well, I might go so far as to say only by a trained medical professional in the presence of a police officer. If anyone tried to strip search me I'd throw fits. And afterward have a massive come apart. I doubt they'd care, too.



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Re: Supreme Court to consider strip-searches at schools - April 23rd 2009, 12:20 AM

Students, no matter what the circumstance, should never be forced to undress by school officials. Thats the policeman's job.




   
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Re: Supreme Court to consider strip-searches at schools - April 23rd 2009, 02:12 PM

Unless there's hard evidence that a student has a threatning item on them, there's no reason for them to strip search them, and any strip search should be a last resort left to the police, not a school nurse!!! If someone had tried to do that shit with me, not only would I have refused until my parents were both there, but would have sued the county dry!!!


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Re: Supreme Court to consider strip-searches at schools - April 23rd 2009, 02:20 PM

I find it funny the student who claims Savana had pills had a history of possessing them herself. why wasn't she searched?


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Re: Supreme Court to consider strip-searches at schools - April 25th 2009, 01:28 AM

Quote:
Originally Posted by EDGE View Post
I find it funny the student who claims Savana had pills had a history of possessing them herself. why wasn't she searched?
That is a bit ironic. The girl who initially had them wasn't punished at all?

I think that's ridiculous. I know that if that ever happened to me I'd have a fit and I don't think I'd ever go back to school again.


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