Thread: How is this even a supreme court case?

http://www.nytimes.com/2009/03/24/us...a.html?_r=2&hp

13 year old girl strip searched on the suspicion of having ibuprofen on her.
Why is this a supreme court case?

No warrant, no reasonable grounds, no harmful substance, a minor girl which was also a good student...
I'd classify this under sexual abuse (actually, I'd have a private 'chat' with the administrator and make his life otherwise as miserable as I could).

Zero tolerance is zero common sense.
I pity the americans if this is actually upheld.

Well, the short answer is that it is a supreme court case to help to decide just where the line is on fourth amendment grounds (prohibition of unreasonable searches) for a school district (gov't agency) trying to uphold a no drug policy. Now, the fact that it's essentially two advils we are talking about...that just makes it seem silly. What if she was accused by that other student of having heroin? Would it still be completely unreasonable? I am pretty sure the legal arguments would be the same.
Students' (minors') rights are sticky point in American law. They have been for a long time, and there have been VERY widely split opinions in the circuit courts going at least back to civil rights era and the vietnam war(likely further, but I'm not terribly aware). The supreme court can only take so many cases, and has issued only a few rulings on point. School distric as parent (in loco parentis), school distric as cop/government, it really is fascinating to see how this place where we send our children every day is allowed (and should) act towards them under the law.

If the accusation would have been heroin, it would not have changed anything.
The appropriate response would be to confine the student and notify the authorities. They should be the ones to get a warrant and / or perform the strip search. NOT the administrator and the school nurse.

I am not one of those parents who second-guesses the school admins at every step. I have backed them up in the past on decisions they made when my daughter was out of line.
But this going MUCH too far. The fact that people seem to think that this can ever be appropriate is insane imo. Private persons should NEVER be allowed this kind of power.

First off, I 100% agree with you in every facet of what you said.
That doesn't change that fact that I'll keep arguing/discussing both sides (aren't lawyers great?)

The fact that they might be wrong, and THE PEOPLE INVOLVED even could be liable under some other legal scheme (some form of assault, or even intentional infliction of emotional distrss, etc)...the question as I see it for the court is where the SCHOOL DISCTRICT as a government actor must draw the line for fourth amendment grounds...a MUCH more narrow question. Perhpas SOME form of search is reasonable...surely her locker has been held to be an acceptable place to search, as it is school property. A student's bag may be searched, I believe with out probably cause (might be a "reasonable suspicion" type rule...again, I'm not postiive). What about a pat down, what is called a "Terry stop" when dealing with the police?
If I made the rule, I beleive that when physical contact with a stuident is required, or any search OF THEIR PERSON, aside from asking them to empty their pockets, this is a job of the authorities, not educators/school nurses. This i sbased on emotion, though, and what I consider to be common sense. Both of these, of course, have no place in the law!

All i can say is if it was my daughter id be in jail long before her case got to court

Originally Posted by Earthdawn

All i can say is if it was my daughter id be in jail long before her case got to court

Yup. There is very little that the person responsible could say when I confronted them that could possibly de-escalate (is that word?) the situation fast enough to have it not end with me doing something stupid.

Originally Posted by Bruno

http://www.nytimes.com/2009/03/24/us...a.html?_r=2&hp

13 year old girl strip searched on the suspicion of having ibuprofen on her.
Why is this a supreme court case?
The only reason anything is ever a supreme court case is to decide an issue of constitutionality.

No warrant, no reasonable grounds, no harmful substance, a minor girl which was also a good student...
I'd classify this under sexual abuse (actually, I'd have a private 'chat' with the administrator and make his life otherwise as miserable as I could).
What would that solve aside from making you feel better? What about all the other kids at that school?
Zero tolerance is zero common sense.
The absence of policy is also zero common sense. Policy is supposed to help avoid decisions that are made based on common sense (which can differ from person to person)
I pity the americans if this is actually upheld.

Please, keep your pity. We'll be fine I promise.


So much fun.


-Rob

Ture enough (re: policy), but this school surely did not have "policy" of strip searching students suspected of having drugs, did it? There would be other sutdents coming forward in that case.
These people acted outside of policy, perhaps in violation of this girl's 4th amendment rights.

If a minor, which has the rights afforded it by the parent(s), violates the law in the U.S. it is the parent that pays the price.

If the minor child is suspected of a violation of a school code/law/rule as serious as a drug offense. Which is how they are classifying it then it becomes a matter for the Police and parents. The schools are being given to much power to enforce policies and not enough common sense to interpret the consequences.

Here in Oregon we have a Police Officer in the schools to deal with situations like these as well as gang violence, and truancy. Oregon does not mess around. If this would have happened in Oregon, the girl would have been suspended pending investigation, then reinstated if she was cleared. In the meantime she would be a ward of her parents and not allowed on school property. The cops would have searched her locker, purse, and she would have had a pat down. With no other drug offense there would be no other need to go any farther. It is a clear abuse of power and I hope that the school gets a judicial beat down and the girl gets a free college education out of it.

I just hope the nurse and the administrator that did this get branded as sex offenders and spend some time in federal PMITA prison.