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U.S. Supreme Court

School’s Strip Search of Girl Illegal, High Court Rules

Posted Jun 25, 2009 9:19 AM CST
By Molly McDonough

The U.S. Supreme Court ruled today that an Arizona school's strip search of a teenager accused of dispensing prescription-strength pills was illegal.

On that, eight justices agreed (PDF). Safford Middle School officials crossed a line when they searched Savana Redding's underwear. Justice Clarence Thomas was the only dissent.

What was slightly more for the court to decide was whether school officials should be granted immunity from civil suit. The high court, in a 7-2 lineup, said the officials are immune. Dissenting were Justices John Paul Stevens and Ruth Bader Ginsburg, Bloomberg reports.

Redding was 13 when her middle school administrators, acting on a tip from another student, ordered her to remove her clothes and shake out her underwear, the Associated Press reports.

"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," Justice David Souter wrote for the majority. "We think that the combination of these deficiencies was fatal to finding the search reasonable."

Comments

1.

George Patsourakos
Jun 25, 2009 11:36 AM CST

The Supreme Court was correct in ruling that administrators in an Arizona middle school acted illegally, when they ordered a 13-year-old girl to remove her clothes and shake out her underwear.

It would not surprise me if the parents of this girl now sued the administrators involved and the Arizona school system in which this strip search occurred, as a result of this Supreme Court decision.

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2.

tim
Jun 25, 2009 2:48 PM CST

So if I have a gun can I hide it in my boxers?  Can I hide a gernade in my boxers?  What about a knife?

Attention high school students - you are now free to stash your weed in your underwear…..

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3.

tim
Jun 25, 2009 2:49 PM CST

Justice David Souter is just showing his ignorace if he doesn’t think even a small quanity of illegal drugs is dangerous.  How much does he think it takes for a 13 year old to overdose?

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4.

Abraham Ben Judea
Jun 25, 2009 3:11 PM CST

commenter #3 The drug in question Ibuprophin in other words Aspirin. What this shows is that the lone dissenter, Mr. Thomas should be drug tested very much like they do to ALL construction workers. In Fact All SCOTUS members and Clerics should be tested. Something about equal protection comes to mind.

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5.

fed up
Jun 26, 2009 10:27 AM CST

to #1, the court ruled that school officials should be granted immunity from civil suit, not that I agree with that part of the decision.

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6.

Drew L
Jun 26, 2009 12:42 PM CST

#2: You miss the whole point of the ruling.  If the sought after item could pose serious threat to other students, the strip search is legal.  Otherwise not.  Of course, they also always have the option of calling the Police to conduct a search under normal constitutional principles - DUH!

#3 - you tell us!  How much advil does it take for a 13 year old to overdose?  According to the bottle in my hand right now, children 12 and older can take 2 pills (200mg each).  The ‘prescription strength’ drug in this case was 400mg advil.

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7.

Jim@2009-06-27-7 0600-0400
Jun 27, 2009 4:08 AM CST

The search was CLEARLY, and manifestly so, unreasonable.

In my opinion [imo] (and that of Justices Ginsburg & Stevens) Wilson should not have enjoyed qualified immunity.

Wilson had the opportunity, means and motive to bring the accusing girl to the accused girl (Redding) and give the two the option to:

1. Clarify who gave what to whom without the parents present;

2. Clarify who gave what to whom WITH ALL parents present.

If 2 failed, the parents are present for any search.

Wilson, [imo] was just plain wrong and non-thinking.

Wilson is fortunate that Redding’s great-grand-father was not a physically healthy Jivaro and an expert with a blow gun.
Jim@2009-06-27-7 0608-0400 <sigh>

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