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Invisibleveggie

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Court hears arguments over school strip search
    #10211892 - 04/22/09 04:45 AM (4 years, 1 month ago)

Court hears arguments over school strip search
April 22, 2009 - azcentral.com



WASHINGTON (AP) - The Supreme Court seemed worried Tuesday about tying the hands of school officials looking for drugs and weapons on campus as they wrestled with the appropriateness of a strip search of a 13-year-old girl accused of having prescription-strength ibuprofen.

Savana Redding was 13 when Safford Middle School officials, on a tip from another student, ordered her to remove her clothes and shake out her underwear looking for pills. The district bans prescription and over-the-counter drugs.

Her lawyer argued to the Supreme Court that such a "intrusive and traumatic" search would be unconstitutional in every circumstance if school administrators were not directly told the contraband was in her underwear.

"A school needs to have location-specific information" to put a child through such an embarrassing search, lawyer Adam B. Wolf said.

Would it be constitutional if officials were looking for weapons, or drugs like crack, meth or heroin? "Does that make a difference?" Justice Anthony Kennedy asked. No, Wolf replied.

That leaves school administrators with the choice of embarrassing a child through a search or possibly having other children die while in their care, Justice David Souter said. "With those stakes in mind, why isn't that reasonable?" Souter said.

Wolf said school officials violated the Fourth Amendment, which prohibits unreasonable searches. School officials didn't bother to search her desk or locker, or even question additional students to find out if anyone thought Redding could be hiding drugs in her underwear, he said.

"There needs to be suspicion that the object is under the clothes," Wolf said.

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."

A schoolmate had accused Redding, then an eighth-grade student, of giving her pills.

Vice Principal Kerry Wilson took Redding to his office to search her backpack. When nothing was found, Redding was taken to a nurse's office where she says she was ordered to take off her shirt and pants. Redding said they then told her to move her bra to the side and to stretch her underwear waistband, exposing her breasts and pelvic area. No pills were found.

A federal magistrate dismissed the lawsuit Redding and her mother, April, 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 Wilson could be found personally liable.

The school's lawyer argued that the courts should not limit school officials' ability to search out what they think are dangerous items on school grounds. "We've got to be able to make decisions," lawyer Matthew Wright said.

But justices worried that allowing a strip search of school-age children might lead to more intrusive searches, like body cavity searches. "There would be no legal basis in saying that was out of bounds," Souter said.

Redding, now a 19-year-old college freshman living in her hometown of Safford in rural eastern Arizona, took her first airplane ride to watch the arguments. "It was pretty overwhelming," she said, standing before a bank of cameras and a few dozen reporters outside the building.


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Offlineanominis
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Re: Court hears arguments over school strip search [Re: veggie]
    #10212366 - 04/22/09 09:28 AM (4 years, 1 month ago)

Right, so i'm sympathetic and follow the opinion that this probably wasn't right, but the 1:18 part with her mom telling her what to say, and her lawyer's subsequent " there's not a day that goes by that she doesn't think about how the school officials viewed her naked body" makes me kind of doubt the sincerity in this


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OfflineDelta9Hippie
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Re: Court hears arguments over school strip search [Re: anominis]
    #10212435 - 04/22/09 09:56 AM (4 years, 1 month ago)

@ anominis --  well, it doesn't seem like they're arguing whether or not it happened.  And being forced to strip is a form of torture, ya know.  Have you ever been forced to strip in front of authorities that you see day to day?  And, it seems like this was arbitrary... that should not be a power that schools have over our children.  I don't want my child to have to strip, even if he/she may have drugs.  That doesn't entitle or license school workers to force that, in my idea of justice.


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Offlinebbl337
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Re: Court hears arguments over school strip search [Re: Delta9Hippie]
    #10212566 - 04/22/09 10:52 AM (4 years, 1 month ago)

Lemme get this straight, the girl might have had something to help a headache, and was forced to strip down to expose that she had nothing?  How the hell is that not wrong?  This zero tolerance bullshit is just that, intolerant retardation. :mad:


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Offlinepasucks
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Re: Court hears arguments over school strip search [Re: bbl337]
    #10212616 - 04/22/09 11:06 AM (4 years, 1 month ago)

I have a 3 year old son and never would any school he goes to strip search him especially without me and the proper authorities and my lawyer present before hand.  These school officials need to be arrested and thrown in a fucking prison.


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Offlinesuburbanned
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Re: Court hears arguments over school strip search [Re: pasucks]
    #10212661 - 04/22/09 11:20 AM (4 years, 1 month ago)

idk why the huff and puff nobody wanted to see that whale naked.  shes full of shit


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InvisibleGreen_T
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Re: Court hears arguments over school strip search [Re: suburbanned]
    #10212943 - 04/22/09 12:28 PM (4 years, 1 month ago)

She probably got really depressed and ate a bunch.

I wonder where the line is drawn, for weapons and such. Under what circumstances should the schools be able to search their students, and how far can they go?


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Invisiblefeelfunny
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Re: Court hears arguments over school strip search [Re: Green_T]
    #10213689 - 04/22/09 03:28 PM (4 years, 1 month ago)

i was searched in school more than once over 12 years ago and yes they made me take of pants shirt and open wast band on my boxers


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Offlinebootyripper
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Re: Court hears arguments over school strip search [Re: feelfunny]
    #10214434 - 04/22/09 06:03 PM (4 years, 1 month ago)

I feel bad for the dumb ass school officials who stripped her. And that lawyer's Public Relations sux.

"Lemme get this straight, the girl might have had something to help a headache, and was forced to strip down to expose that she had nothing?  How the hell is that not wrong?  This zero tolerance bullshit is just that, intolerant retardation."

They tried that shit at my school, but me n the nurse were cool and it helped facilitate the BJ. I blew it all over her!!!! The system is fucked up! I then got some principal ass!! My moto: fuck the retarts


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InvisibleToiletDuk
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Re: Court hears arguments over school strip search [Re: veggie]
    #10214591 - 04/22/09 06:33 PM (4 years, 1 month ago)

You don't surrender your civil rights when you step onto school property! :mad: This "zero-tolerance" bullshit a lot of schools have adopted is going way too far, IMHO.


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Offlineneopet nub
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Re: Court hears arguments over school strip search [Re: ToiletDuk]
    #10214954 - 04/22/09 07:43 PM (4 years, 1 month ago)

Quote:

ToiletDuk said:
You don't surrender your civil rights when you step onto school property! :mad:



Actually, you do.


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InvisibleToiletDuk
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Re: Court hears arguments over school strip search [Re: neopet nub]
    #10215022 - 04/22/09 07:53 PM (4 years, 1 month ago)

Do tell. I didn't know that.


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OfflineDementous
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Re: Court hears arguments over school strip search [Re: ToiletDuk]
    #10215328 - 04/22/09 08:34 PM (4 years, 1 month ago)

My Student Parent Handbook does not say this.


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Re: Court hears arguments over school strip search [Re: neopet nub]
    #10216219 - 04/22/09 10:46 PM (4 years, 1 month ago)

Quote:

neopet nub said:
Quote:

ToiletDuk said:
You don't surrender your civil rights when you step onto school property! :mad:



Actually, you do.




That's why I dropped out. I got sick of being pissed on. Fucking schools are ridiculous anymore.


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OfflineLorek
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Re: Court hears arguments over school strip search [Re: luckytriple6]
    #10216804 - 04/23/09 12:06 AM (4 years, 1 month ago)

This all sounds like a great idea till there is a rash of dirty old school teachers getting their jollys by 'accusing students' so they can watch them strip.


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OfflineShroomzoom622
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Re: Court hears arguments over school strip search [Re: suburbanned]
    #10219475 - 04/23/09 01:08 PM (4 years, 1 month ago)

Quote:

suburbantoker said:
idk why the huff and puff nobody wanted to see that whale naked.  shes full of shit



Lolol, I agree with this. :thumbup:


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OfflineDrizzt396
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Re: Court hears arguments over school strip search [Re: Shroomzoom622]
    #10220356 - 04/23/09 03:51 PM (4 years, 1 month ago)

Even if you accept the [bullshit] '85 case law that said that schools only need 'reasonable suspicion' rather than probable cause, IMO another student's accounting doesn't even constitute that.

Smacks of Salem to me.

I went to private school where this type o' shit went down all the time. I got in trouble once because I was at a bonfire that the cops busted, but didn't give out mips. I blew zeroes. Now granted, I was stoned as shit, but no one knew that. Only because one of my friends' parents told the school did I get in trouble. At a public school, they couldn't've done shit to me. That's the sorta bs they'll pull the more powers the SC gives them thanks to such awesome legal/disciplinary theories as 'zero tolerance' and 'educators on the front lines need everything at their disposal'. I'm serious, that argument is at the crux of depriving students of their rights. As though teachers and administrators are fighting a war or something...


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OfflineAlan RockefellerM
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Re: Court hears arguments over school strip search [Re: Drizzt396]
    #10220395 - 04/23/09 03:58 PM (4 years, 1 month ago)

Quote:

Even if you accept the [bullshit] '85 case law that said that schools only need 'reasonable suspicion' rather than probable cause, IMO another student's accounting doesn't even constitute that.



Yea, some random person accusing you is just reasonable suspicion.  Its probable cause if they are an informant who has been proven reliable several times in the past.

I would never consent to a strip search, and I would physically resist as much as possible without kicking the persons ass.  If you just lay down on the ground it would be quite difficilt to strip search you.  Also I would accuse them of sexual harrassment as they did it and threaten lawsuits and criminal charges.  The way these things work is they convince you that you need to comply, then they get you to remove your clothes.  They aren't going to rip your clothes off your body, at least the school won't.

Quote:

I got in trouble once because I was at a bonfire that the cops busted, but didn't give out mips. I blew zeroes.



What makes them think they have a right to breathalyse people who are sitting around a bonfire?  I would politely decline their request to blow into the device even if I was sober, you only need to do that if you are driving.


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InvisibleGreen_T
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Re: Court hears arguments over school strip search [Re: Drizzt396]
    #10220406 - 04/23/09 04:00 PM (4 years, 1 month ago)

I attended a school (foreign country) where they would do "random" drug tests. First they started with piss tests, then once all the kids switched from weed to ecstasy they also started hair-testing. It was zero-tolerance: positive test results in suspension, 2 suspensions = expulsion.

I don't think that would fly in the states, but i pray it doesn't happen.


--------------------

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Legalize Meth | Drug War Victims

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OfflineAlan RockefellerM
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Re: Court hears arguments over school strip search [Re: Green_T]
    #10220441 - 04/23/09 04:06 PM (4 years, 1 month ago)

Yea in the states they just kick you out of after school sports activities if you test positive in a public school. 

Its ironic because after school sports activities are just about the only thing that is proven to keep kids away from drugs.


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