Strip search case and the supreme court.

[CaffeineHat]

http://www.npr.org/templates/story/story.php?storyId=103215199

Does a school official have the right to strip search a child without parental notification or consent or a law enforcement officer present?

Should the case even have gone this far?

[ChazBedlam]

A strip search? On a CHILD? Maybe someone didn't read the 4th amendment.

[CaffeineHat]

A strip search? On a CHILD? Maybe someone didn't read the 4th amendment.
This case made it to the supreme court which means not only is the school arguing that the 4th amendment doesn't apply to them, but several lower courts have agreed. It's an appalling case for the fact that it happened, and the fact that the officials involved continue to defend their actions and hide behind school district lawyers.

[Creefer]

There'd be a court case involved alright, as well as some hospital bills.

[janer]

From the NPR article: "Among the reasons given to justify the search:
1. One youngster had already ended up in the hospital from taking drugs
2. Another student had reported more drugs were about to be given out.
3. School administrators said Redding was seen at a dance early in the year among a group of kids believed to have had alcohol on their breath.
4. One youngster who had been found with 400 milligrams of prescription-strength ibuprofen said on the day of the search that she got it from Redding.

And this is probable cause for a strip search? I don't think so. There is no direct connection between Redding and #s 1,2 or 3; if a student said that she got "prescription strength ibuprofen" from Redding, both girls should have been brought to the office so that Redding could have confronted her accuser, and if it was not resolved, call the parents in.
BTW, most ibuprofen strength is 200 mg - there had been a commercial brand that had a prescription 800 mg; I don't know, perhaps there was a prescription level 400 mg, but it seems peculiar when it is the equivalent of two over-the-counter tablets. So was it the possession of a "prescription", or the fact that the girl had a few ibuprofen in violation of some Draconian "zero tolerance" policy?

[Celtic Pax]

Seems some think that a "no tolerance"policy is a leave your brain and common sense at the door policy. Hope the SC knocks this school system on it's ass.

[MrShotShot]

Reminds me of the time my high school principle stood up in front of our class and told us that we didn't have any Constitutional rights as long as we were students in his school.

The School's case is weak at best. There was zero justification for a strip search - a search of belongings and locker based on the allegation perhaps, but nothing more. If I were the administrator, I wouldn't have gone that far. I would have talked to the girl, told her allegation, and said I'd be keeping an eye on her in the future. I'd also tell her parents about the allegation.

As for the question about Ibuprofen, I've been prescribed "prescription strength Ibuprofen" before. It's an 800mg tablet. Guess what, you can take 4 200mg tablets of OTC Ibuprofen and it's the same thing. It's primarily prescribed in the larger tablets to save people money.

[Syfted]

There'd be a court case involved alright, as well as some hospital bills.

If that girl was my sister (or I was her father), it would take the Holy Spirit to stop me from committing assault.

[Long Island Bob]

They were looking for illegal ibuprofen.

[noelle12]

From what I've seen and heard about the case, it looks to me like this girl was targeted by some bullies, and the bullies won by embarrassing and humiliating her. At the very least her parents should have been present.

[Long Island Bob]

From what I've seen and heard about the case, it looks to me like this girl was targeted by some bullies, and the bullies won by embarrassing and humiliating her. At the very least her parents should have been present.


rule of thumb:
if it is not worth calling the cops, it is not worth strip searching.

[PyramidBuilder]

Schools don't have a great history of respecting the rights of children. They do have rights, despite their goofiness and lack of savvy.