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Supreme Court rules strip search violated student's rights

Supreme Court by dbking, Flickr Creative Commons
Supreme Court (dbking, Creative Commons)

When 13 year old Savana Redding was accused of bringing Advil with the intention of sharing it with her friends at their zero-tolerance middle school in 2003, school officials searched her backpack, outer clothing, and ultimately strip searched her.  The U.S. Supreme Court decided on June 25, 2009, that a strip search in an effort to locate "nondangerous school contraband" went beyond the reasonable standard established by the fourth amendment.  The ruling says that school officials should have realized:

  • the pills were common pain relievers,
  • even if taken, the pain relievers had a "limited threat",
  • Savana did not have a large quantity, and
  • there were no indications that Savana hid anything in her underwear.

The court did not rule that strip searches are illegal, but they did set a higher standard for dangerous contraband as a reason for  subjecting a student to a search that is, "embarrassing, frightening, and humiliating."

The 8-1 decision had one dissenter, Justice Clarence Thomas, who warned against tampering with a school's authority over health and discipline issues.

 

 

For more info: The Court's full opinion is available as a pdf file.

 

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By

Oklahoma City Public Education Examiner

Alex Sharp writes about education.

Comments

  • Annie 2 years ago
    Report Abuse

    Of course Clarence Thomas has no problems with a 13-year-old girl being strip-searched without any phone call to her parents first. When it comes to humiliation and disrespect of women, he has no boundaries. I would call him a pig, but it would be an insult to pigs everywehre.

  • sara 2 years ago
    Report Abuse

    wow there is a reason to be searched but they should of called her parents to see if it was ok

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