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Strip-search of US girl illegal (SCOTUS 8-1 decision)
BBC ^ | 6-25-09

Posted on 06/25/2009 10:41:17 AM PDT by Darren McCarty

The US Supreme Court has ruled that school staff broke the law when they ordered a 13-year-old girl to strip while searching her for painkillers.

The Arizona school, which bans prescription and over-the-counter drugs, suspected Savana Redding, then 13, of carrying ibuprofen.

After no drugs were found in her bag, she had to remove her clothing, and then move her bra and underwear.

However, the court said individuals could not be held liable in a lawsuit.

The school principal acted on a tip-off from another student that Savana was carrying ibuprofen.

Justice David Souter said: "What was missing from the suspected facts that pointed to Savana was any indication of danger to the students from the power of the drugs or their quantity, and any reason to suppose that Savana was carrying pills in her underwear,"

(Excerpt) Read more at news.bbc.co.uk ...


TOPICS: Constitution/Conservatism; News/Current Events; US: Arizona
KEYWORDS: 4thamendment; arth; lping; redding; ruling; schools; scotus; search; stripsearch; studentrights
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The full decision is here.

Thomas dissented, which amazed me a bit. Souter wrote the decision. I wish it went a little further than this, but with the state of the 4th Amendment these days and how the rights of our children end at the schoolhouse walls, I'll take what I can get.

1 posted on 06/25/2009 10:41:17 AM PDT by Darren McCarty
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To: Darren McCarty

Thomas was the dissenter??

Didn’t see that coming, usually when it’s 8-1 it’s Ginsburg that stands alone.


2 posted on 06/25/2009 10:44:00 AM PDT by Abathar (Proudly posting without reading the article carefully since 2004)
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To: Darren McCarty

It amazes me a school board would have a policy permitting this. Seems there is not a lot of common sense on most school boards


3 posted on 06/25/2009 10:44:31 AM PDT by montanajoe
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To: Darren McCarty

The school can’t be held liable?? So if my daughter makes a mistake and hides advil or whatever she could be strip searched? Geez, at least they give her free condoms.


4 posted on 06/25/2009 10:45:10 AM PDT by exist
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To: Darren McCarty
Thomas dissented.

Damn!

5 posted on 06/25/2009 10:45:38 AM PDT by trumandogz (The Democrats are driving us to Socialism at 100 MPH -The GOP is driving us to Socialism at 97.5 MPH)
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To: exist
I believe that the school can be, the individuals (Principal, V-P, teachers, etc.) can not be.
6 posted on 06/25/2009 10:46:14 AM PDT by CT-Freeper (Said the frequently disappointed but ever optimistic Mets fan.)
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To: exist
So if my daughter makes a mistake and hides advil or whatever she could be strip searched? Geez, at least they give her free condoms.

LOL!!! Post of the day!

7 posted on 06/25/2009 10:47:03 AM PDT by Albion Wilde ("Shouldn't there be equal time for our Bill of Responsibilities?" -- Justice Clarence Thomas)
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To: Darren McCarty

Bill Clinton is deeply saddened.


8 posted on 06/25/2009 10:47:04 AM PDT by proudpapa (Obama - Worst One Ever!)
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To: montanajoe

She should have just refused. Demand to be locked up and monitored until parents come... then deal with it.


9 posted on 06/25/2009 10:47:12 AM PDT by Bryher1 (http://nhs77.blogspot.com/)
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To: trumandogz

I think sometimes Thomas and Scalia take turns playing the “you have nothing to fear, if you have nothing to hide” game.

They are very, very good SC justices, but sometimes, I wonder what they are thinking about when they vote like this.


10 posted on 06/25/2009 10:48:23 AM PDT by American_Centurion (No, I don't trust the government to automatically do the right thing.)
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To: Darren McCarty

Seems like an awful overreaction by the school. Not sure why they would feel the need to ban NSAIDs.


11 posted on 06/25/2009 10:48:38 AM PDT by chargers fan
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To: Darren McCarty

Thomas needs his head examined. If this wasn’t an “unreasonable search”, then nothing is, and we should all have a right to march into Thomas’ office and strip-search him. He must be on drugs if he’s saying this wasn’t an “unreasonable search”, so we have probable cause to suspect he’s in possession of drugs that are dangerous to the nation and our Constitutionally-guaranteed freedoms when being used by a Supreme Court justice. Right?


12 posted on 06/25/2009 10:49:11 AM PDT by GovernmentShrinker
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To: Darren McCarty

Should have ruled that the parents could sue the underware off the principal.


13 posted on 06/25/2009 10:49:47 AM PDT by lightman (Adjutorium nostrum (+) in nomine Domini.)
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To: Darren McCarty
Another reason to home school. Shouldn't have to go to the SCOTUS to give a girl a Midol. Need background checks on how many in the principle office had prior “pervert” charges.
14 posted on 06/25/2009 10:49:49 AM PDT by chuckles
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To: Darren McCarty

Technically, the majority opinion was 6-3. Thomas dissented entirely, claiming the search was legal. Two other judges said the search was illegal AND the administrators should be held liable for their actions. Six judges said both the search was illegal, but the administrators should NOT be liable.


15 posted on 06/25/2009 10:51:03 AM PDT by CharlesWayneCT
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To: exist
The school can’t be held liable??

Guess they're of the protected class. Government employees. Wonder why they didn't taze her while they were at it.

16 posted on 06/25/2009 10:51:16 AM PDT by 668 - Neighbor of the Beast (Rent this space.)
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To: exist

Not in the future — the reason the majority said they shouldn’t be held liable was that the principle that this was illegal wasn’t clear until this ruling.

After this ruling, I think it should be clear what is illegal, and in the future they can be held liable.


17 posted on 06/25/2009 10:51:58 AM PDT by CharlesWayneCT
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To: chargers fan
...."Not sure why they would feel the need to ban NSAIDs."....

These schools have a "Zero" tolerance policy which means NO PILLS! Even Barney vitamins would be banned. Of course you can get birth control pills from the nurse, and or condoms without parental consent. If it's too late, you can go to the principle and get an abortion without telling anybody. But leave your aspirin at home to fight drugs at school.

18 posted on 06/25/2009 10:54:34 AM PDT by chuckles
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To: All
The original story from April 08
Appeals Court, July08
April 09 - SCOTUS hears case
Report on SCOTUS, April 09
19 posted on 06/25/2009 10:56:45 AM PDT by Darren McCarty (We do what we have to do.)
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To: Bryher1
“She should have just refused. Demand to be locked up and monitored until parents come... then deal with it”

Possibly, but I would be much happier if the schools were teaching common sense to the students rather than having to have the students make a federal case out of the idiot decisions of their teachers and principles..

20 posted on 06/25/2009 10:57:15 AM PDT by montanajoe
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