Student Strip Searched In School. Is It Legal?

[ImWithStupid]

Appeals court hears arguments in Safford school strip-search case

The Associated Press

 

A full panel of Ninth Circuit U.S. Court of Appeals judges has heard arguments in the case of a 13-year-old girl who claims her constitutional rights were violated when she was strip-searched at school.

Savana Redding was an eighth grader at Safford Middle School in 2003 when she was pulled from class by a vice principal who was investigating accusations that the girl was giving prescription-strength Ibuprofen pills to classmates.

The school has a zero-tolerance policy toward prescription drugs on campus.

Attorneys presented their arguments Wednesday in San Francisco.

Redding denied providing the pills to a classmate and was escorted by a female administrative assistant to the nurse's office where she was strip-searched.

 

In your opinion, was the school right to search this girl for student safety reasons or did they cross the line in the established lower level of privacy that students have while in school. One thing that I don't think was in the article, was that the girl made several requests to have her mother there too, but was denied.

[ImWithStupid]

Appeals court hears arguments in Safford school strip-search case

The Associated Press

 

A full panel of Ninth Circuit U.S. Court of Appeals judges has heard arguments in the case of a 13-year-old girl who claims her constitutional rights were violated when she was strip-searched at school.

Savana Redding was an eighth grader at Safford Middle School in 2003 when she was pulled from class by a vice principal who was investigating accusations that the girl was giving prescription-strength Ibuprofen pills to classmates.

The school has a zero-tolerance policy toward prescription drugs on campus.

Attorneys presented their arguments Wednesday in San Francisco.

Redding denied providing the pills to a classmate and was escorted by a female administrative assistant to the nurse's office where she was strip-searched.

 

In your opinion, was the school right to search this girl for student safety reasons or did they cross the line in the established lower level of privacy that students have while in school. One thing that I don't think was in the article, was that the girl made several requests to have her mother there too, but was denied.

[snafu]

In your opinion, was the school right to search this girl for student safety reasons or did they cross the line in the established lower level of privacy that students have while in school. One thing that I don't think was in the article, was that the girl made several requests to have her mother there too, but was denied.

 

The school has no business doing any strip searching. Especially due to accusations. You are inocent until proven guilty. And if she was doing anything illegal they should have called the cops and let them do their job.

[ImWithStupid]

The school has no business doing any strip searching. Especially due to accusations. You are inocent until proven guilty. And if she was doing anything illegal they should have called the cops and let them do their job.

 

The problem is that cops often have to follow constitutional guidelines for search and seizure where school officials don't.

[snafu]

The problem is that cops often have to follow constitutional guidelines for search and seizure where school officials don't.

 

No I don't think the school should be able to deny you of your rights. This is still America.

[ImWithStupid]

No I don't think the school should be able to deny you of your rights. This is still America.

 

The Supreme Court has ruled that students don't have the same rights to privacy while in school because of the safety of the other children in the school. This has been applied to searches of backpacks, lockers, cars in the parking lot, etc...

 

I guess the question is, do you think that strip searches apply here or is this overstepping the liberty allowed for searches by the supreme court. It seems the 9th district court of appeals feels, strip searches are ok.

[snafu]

The Supreme Court has ruled that students don't have the same rights to privacy while in school because of the safety of the other children in the school. This has been applied to searches of backpacks, lockers, cars in the parking lot, etc...

 

I guess the question is, do you think that strip searches apply here or is this overstepping the liberty allowed for searches by the supreme court. It seems the 9th district court of appeals feels, strip searches are ok.

 

Most differently overstepping. If they need to search my son they can call me up and I'll do it. They have no business disrobing kids.

[ImWithStupid]

Most differently overstepping. If they need to search my son they can call me up and I'll do it. They have no business disrobing kids.

 

What if you were to hide the evidence for your kid?

[phreakwars]

Totally out of line. The girl should have simply refused. What could they do, arrest her? Expel her? Big deal.

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[Old Salt]

While I agree the strip search was going to far, I've got to ask - Did the girl have a history? There's not really a lot of information in the article. I've had prescriptions for Ibuprofen. Don't know why anyone would want some unless they had a really bad headache or possible a toothache. Now Tylenol 3 - that's a different story. Had dental surgery one day and went back to the barracks - sat through a fire drill with the bell going off just a few feet from my head and didn't notice (or maybe just didn't care).

[hugo]

The bill of rights ends at the schoolhouse doors.

[snafu]

The bill of rights ends at the schoolhouse doors.

 

I don't think so. Laws are laws and civil rights are civil rights.

[wez]

The bill of rights ends at the schoolhouse doors.

 

 

Screw that, that's bull .. school aint got no right to strip search anyone.

 

Hahahaha... Taxes pay for them there schools.. Bill of rights in full force.

 

Course, I did vote for the it's ok to stripsearch anyone.. Sounds fun. Think I'll try it out..

[Old Salt]

I don't think so. Laws are laws and civil rights are civil rights.

Seems to me that schools and universities have a tendency to restrict the Second Amendment. Is that OK?

[ImWithStupid]

Here is what surprised the hell out of me...

 

ACLU Challenges Unlawful Strip Search Over Ibuprofen Allegation In School (3/3/2008)

 

Group Joins Ongoing Case On Behalf Of 13-Year-Old Girl

 

SAN FRANCISCO - In legal papers delivered today, the American Civil Liberties Union joined an ongoing case to represent a 13-year-old girl unconstitutionally strip searched by school officials after a classmate’s uncorroborated accusation of ibuprofen possession. A divided three-judge panel of the U.S. Ninth Circuit Court of Appeals ruled the search constitutional on September 21, 2007. The panel’s 2-1 decision, which greatly expands the circumstances under which schools may strip search students, will now be reviewed by the full Ninth Circuit.

 

American Civil Liberties Union : ACLU Challenges Unlawful Strip Search Over Ibuprofen Allegation In School

 

The ACLU and the "left swinging" 9th Circuit Court have had a long time love affair. We may just have some "trouble in paradise".

[emkay64]

That's sick! No way would they be strip searching my kid! Gross!

[atlantic]

Nothing should have been done til the mother or father arrived

[Guest angie]

I would've had a fit were that my daughter. Make her empty her pockets, check her purse, backpack, locker, etc. But public schools aren't federal prisons. The strip search was definitely excessive.

[Guest schoolmom]

Schools do have the right to do many things for the safety of the other hundreds or thousands of students involved. Students do lose many of their rights as soon as they (or their property) step onto school grounds. When we think a student has drugs or weapons the administrators call the police department to come, but the administrators have to do the searching. Once a drug or weapon is found then they turn it over to the police. The police do not have the right to search based upon the information given, but the administrators do. The same thing happens when the drug dogs come in. The State Patrol brings them in, but if a dog "hits" on a locker or car the administrators still have to be the ones to do the search.

 

Now. . . what about strip searches. I feel that if one was warranted, it was best for the school nurse and a female administrative assistant were the ones who would do it. (Especially the nurse, they are usually R.N.s and are as professional as having a doctor do it). HOWEVER, I do feel that the parents should have been present. I DO NOT feel that the parent should have been doing the search, unless in the presence of the nurse. WAY TOO MANY parents will hide things to protect their children.

 

Here's a question for those who disagree with the search. What if the drug in question wasn't Tylonol. What if it was crack-cocaine? What if they were selling it to your child? What if it wasn't a drug at all? What if it were a weapon? At what point is it okay for a school to do this in order to protect the rest of the students?

 

Too many times other parents will sue the school because they didn't protect their child from this child. Everybody wants to blame the schools. "They were wrong for the search" but if they didn't search under information given to the adminstrators and something happened to another student (say an allergic reaction to the medication) they would have been wrong to not search.

 

Schools are generally in a no-win situation. It is best to err on the side of protecting the majority of the students (especially when a child has a history, which may, or may not, have been the case here)

 

Wow!! That was long!!! Sorry! Can you tell I am a teacher? ; )

[snafu]

It wouldn't matter what drugs she might have had on her. If there was probable cause to assume she had drugs it still would not warrant a strip search at school. The police could take the person to the police station were it would be preformed. It should be done in a controlled environment with trained professionals.

[atlantic]

It wouldn't matter what drugs she might have had on her. If there was probable cause to assume she had drugs it still would not warrant a strip search at school. The police could take the person to the police station were it would be preformed. It should be done in a controlled environment with trained professionals.

I agree with Snafu 100% as long as the parent/s are present.

[ImWithStupid]

Now. . . what about strip searches.(?) I feel that if one was warranted, it was best for the school nurse and a female administrative assistant were the ones who would do it. (Especially the nurse, they are usually R.N.s and are as professional as having a doctor do it). HOWEVER, I do feel that the parents should have been present. I DO NOT feel that the parent should have been doing the search, unless in the presence of the nurse. WAY TOO MANY parents will hide things to protect their children.

 

Here's a question for those who disagree with the search. What if the drug in question wasn't Tylonol.(?) What if it was crack-cocaine? What if they were selling it to your child? What if it wasn't a drug at all? What if it were a weapon? At what point is it okay for a school to do this in order to protect the rest of the students?

 

Too many times other parents will sue the school because they didn't protect their child from this child. Everybody wants to blame the schools. "They were wrong for the search"(,) but if they didn't search under information given to the adminstrators and something happened to another student (say an allergic reaction to the medication)(,) they would have been wrong to not search.

 

 

Wow!! That was long!!! Sorry! Can you tell I am a teacher? ; )

 

Do a better job with your punctuation, "teacher".

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[snafu]

Do a better job with your punctuation, "teacher".

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Oh no you didn't!

 

That's just cruel.

[Guest schoolmom]

Do a better job with your punctuation, "teacher".

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I'm sorry. I didn't know I was being graded. I will definately be grading other peoples' (uh hum, I'm with stupid's) grammar and conventions in the future!

 

Besides, I never said what kind of teacher I am. Maybe I am a math teacher.

[RegisteredAndEducated]

Schools do have the right to do many things for the safety of the other hundreds or thousands of students involved. Students do lose many of their rights as soon as they (or their property) step onto school grounds. When we think a student has drugs or weapons the administrators call the police department to come, but the administrators have to do the searching. Once a drug or weapon is found then they turn it over to the police. The police do not have the right to search based upon the information given, but the administrators do. The same thing happens when the drug dogs come in. The State Patrol brings them in, but if a dog "hits" on a locker or car the administrators still have to be the ones to do the search.

 

Now. . . what about strip searches. I feel that if one was warranted, it was best for the school nurse and a female administrative assistant were the ones who would do it. (Especially the nurse, they are usually R.N.s and are as professional as having a doctor do it). HOWEVER, I do feel that the parents should have been present. I DO NOT feel that the parent should have been doing the search, unless in the presence of the nurse. WAY TOO MANY parents will hide things to protect their children.

 

Here's a question for those who disagree with the search. What if the drug in question wasn't Tylonol. What if it was crack-cocaine? What if they were selling it to your child? What if it wasn't a drug at all? What if it were a weapon? At what point is it okay for a school to do this in order to protect the rest of the students?

 

Too many times other parents will sue the school because they didn't protect their child from this child. Everybody wants to blame the schools. "They were wrong for the search" but if they didn't search under information given to the adminstrators and something happened to another student (say an allergic reaction to the medication) they would have been wrong to not search.

 

Schools are generally in a no-win situation. It is best to err on the side of protecting the majority of the students (especially when a child has a history, which may, or may not, have been the case here)

 

Wow!! That was long!!! Sorry! Can you tell I am a teacher? ; )

 

I agree with you. The school has certain liberties it must take to protect the students. This should have been performed by a female administrator or nurse and in the presence of an adult... But it should have definitely been done.

 

It wouldn't matter what drugs she might have had on her. If there was probable cause to assume she had drugs it still would not warrant a strip search at school. The police could take the person to the police station were it would be preformed. It should be done in a controlled environment with trained professionals.

 

I don't think they should have let her out of the room, much less out of school grounds. There are rooms that have plenty of privacy for a search like this. No way should the parent have been allowed to do the search nor should it have been moved to another location. That leaves too much room for dishonesty.