It wasn't unanimous. The dissent was by a Clinton appointee.
Was there enough for a pocket search? Under precident, yes. Strip search? nope.
Could you provide the cite?
[crickets]
TLO, the binding original case were all school cases are precident are over, was a case of smoking in the girls room. The purse was searched for smokes. There was no strip search for more smokes. In TLO, the parents were also called after the container search.
We join the majority of courts that have examined this issue FN6 in concluding that the accommodation of the privacy interests of schoolchildren with the substantial need of teachers and administrators for freedom to maintain order in the schools does not require strict adherence to the requirement that searches be based on probable cause to believe that the subject of the search has violated or is violating the law. Rather, the legality of a search of a student should depend simply on the reasonableness, under all the circumstances, of the search. Determining the reasonableness of any search involves a twofold inquiry: first, one must consider “whether **743 the ... action was justified at its inception,” Terry v. Ohio, 392 U.S., at 20, 88 S.Ct., at 1879; second, one must determine whether the search as actually conducted “was reasonably related in scope to the circumstances which justified the interference in the first place,” ibid. Under ordinary circumstances, a search of a student by a teacher or other school official FN7 will be *342 “justified at its inception” when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school.FN8 Such a search will be permissible in its scope when the measures adopted are reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction.FN9 (Emphasis mine)
At the same time, the reasonableness standard should ensure that the interests of students will be invaded no more than is necessary to achieve the legitimate end of preserving order in the schools.
A strip search was necessary for ADVIL? As they said on the Home Improvement show, I don't think so, Tim.
Your witness, Counselor.
TLO, the binding original case were all school cases are precident are over, was a case of smoking in the girls room. The purse was searched for smokes. There was no strip search for more smokes. In TLO, the parents were also called after the container search.
We join the majority of courts that have examined this issue FN6 in concluding that the accommodation of the privacy interests of schoolchildren with the substantial need of teachers and administrators for freedom to maintain order in the schools does not require strict adherence to the requirement that searches be based on probable cause to believe that the subject of the search has violated or is violating the law. Rather, the legality of a search of a student should depend simply on the reasonableness, under all the circumstances, of the search. Determining the reasonableness of any search involves a twofold inquiry: first, one must consider “whether **743 the ... action was justified at its inception,” Terry v. Ohio, 392 U.S., at 20, 88 S.Ct., at 1879; second, one must determine whether the search as actually conducted “was reasonably related in scope to the circumstances which justified the interference in the first place,” ibid. Under ordinary circumstances, a search of a student by a teacher or other school official FN7 will be *342 “justified at its inception” when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school.FN8 Such a search will be permissible in its scope when the measures adopted are reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction.FN9 (Emphasis mine)
This standard will, we trust, neither unduly burden the efforts of school authorities to maintain order in their schools *343 nor authorize unrestrained intrusions upon the privacy of schoolchildren. By focusing attention on the question of reasonableness, the standard will spare teachers and school administrators the necessity of schooling themselves in the niceties of probable cause and permit them to regulate their conduct according to the dictates of reason and common sense. At the same time, the reasonableness standard should ensure that the interests of students will be invaded no more than is necessary to achieve the legitimate end of preserving order in the schools.
A strip search was necessary for ADVIL? As they said on the Home Improvement show, I don't think so, Tim.
Your witness, Counselor.