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Picture of lawstudent10
Posted
This case is going before the Supreme Court this month. Essentially, a 13 year old girl was strip searched based on the "tip" of a girl who actually had pills on her body.

What does everyone think of this? Should the school/school administration have the right/power to strip search a student, or does a student's privacy interest outweigh the school's interest?

For reference: NY Times Article Hot Air Blog Commentary
 
Posts: 539 | Location: Blackacre | Registered: April 29, 2008Reply With QuoteEdit or Delete MessageReport This Post
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Picture of BigJer
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The school has the right to call the student's parents, call the police, suspend or expel them. Not to strip-search them (or administer corporal punishment). IMO.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
It is a mistake to think that businessmen are more immoral than politicians. -- John Maynard Keynes
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Politics reduced to its essence: My weasel is better than your weasel.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
...smoking fine cigars is one of the rare, great old-world pleasures that a gentleman can still enjoy in the way that it was meant to be. -- lenguamor
 
Posts: 2395 | Location: 34d 4' 23.73" N, 118d 14' 25.07" W | Registered: October 03, 2008Reply With QuoteEdit or Delete MessageReport This Post
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Picture of thaterp
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the schools should not be allowed to do something like that, its bad enough they can take most rights away, but when they take your own physical privacy thats going a bit too far
 
Posts: 2656 | Registered: September 09, 2007Reply With QuoteEdit or Delete MessageReport This Post
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Picture of adcp3fe
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Schools should never be allowed to strip search students unless a weapon is involved-my two cents.


“ Baseball? It's just a game. As simple as a ball and a bat, yet as complex as the American spirit it symbolizes. It's a sport, a business, and sometimes even a religion." -Ernie Harwell
 
Posts: 1067 | Location: Colorado | Registered: March 20, 2008Reply With QuoteEdit or Delete MessageReport This Post
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Picture of lawstudent10
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quote:
administer corporal punishment


See Ingraham v. Wright, 430 U.S. 651 (1977). Supreme Court says corporal punishment is permissible, and, apparently, school districts still exercise the right.
 
Posts: 539 | Location: Blackacre | Registered: April 29, 2008Reply With QuoteEdit or Delete MessageReport This Post
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Picture of lawstudent10
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quote:
Schools should never be allowed to strip search students unless a weapon is involved


How about possession of marijuana? Cocaine? Heroin?
 
Posts: 539 | Location: Blackacre | Registered: April 29, 2008Reply With QuoteEdit or Delete MessageReport This Post
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Picture of BigJer
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quote:
Originally posted by lawstudent10:
quote:
Schools should never be allowed to strip search students unless a weapon is involved


How about possession of marijuana? Cocaine? Heroin?


Nope. Call the police.


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
It is a mistake to think that businessmen are more immoral than politicians. -- John Maynard Keynes
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Politics reduced to its essence: My weasel is better than your weasel.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
...smoking fine cigars is one of the rare, great old-world pleasures that a gentleman can still enjoy in the way that it was meant to be. -- lenguamor
 
Posts: 2395 | Location: 34d 4' 23.73" N, 118d 14' 25.07" W | Registered: October 03, 2008Reply With QuoteEdit or Delete MessageReport This Post
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Picture of BigJer
Posted Hide Post
quote:
Originally posted by lawstudent10:
quote:
administer corporal punishment


See Ingraham v. Wright, 430 U.S. 651 (1977). Supreme Court says corporal punishment is permissible, and, apparently, school districts still exercise the right.


Without parental consent?


~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
It is a mistake to think that businessmen are more immoral than politicians. -- John Maynard Keynes
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Politics reduced to its essence: My weasel is better than your weasel.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
...smoking fine cigars is one of the rare, great old-world pleasures that a gentleman can still enjoy in the way that it was meant to be. -- lenguamor
 
Posts: 2395 | Location: 34d 4' 23.73" N, 118d 14' 25.07" W | Registered: October 03, 2008Reply With QuoteEdit or Delete MessageReport This Post
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Picture of lawstudent10
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quote:
Without parental consent?


I'm not sure how exactly to interpret your question.

In Ingraham I don't believe there was consent.

If you are asking whether parental consent should be a prerequisite to the infliction of corporal punishment, I think the law is split.
 
Posts: 539 | Location: Blackacre | Registered: April 29, 2008Reply With QuoteEdit or Delete MessageReport This Post
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the school safety officers are supposed to be like police officers. i did not read the article but when weapons and drugs enter the picture i see no problem with strip searches. the students already go through metal detectors. Eek
 
Posts: 502 | Registered: July 14, 2007Reply With QuoteEdit or Delete MessageReport This Post
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I've said this in another thread. Do you want your daughter strip searched off a tip from another minor? Or because a teacher thinks they might possess something? No. Why? Pedophilia.

Edit-ibuprofen!? What? As strong as two advils..in other words..the recommended dose for anybody over 12 years of age. Give me a freakin break. Sue their a$$es off. They didn't ask if she had pills. If she did, maybe they were her prescription. I had medication in school before, I needed to take it. What, if they suspect me of having any perscription drug they can do stuff like this?

Rumors she may have drunk alcohol at a party? WTF is that? Gossip? School officals acting more like 13 year old girls than the girl. Oh, Oh, I heard she drank alcohol and then kissed a boy, tee hee.


I would take that case pro bono if I were a lawyer.

This message has been edited. Last edited by: jms2788,


"Think for a moment about whether it is ethical to throw a living creature into boiling water before sucking it down with a cup of melted butter"
 
Posts: 3561 | Registered: November 12, 2006Reply With QuoteEdit or Delete MessageReport This Post
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Picture of lawstudent10
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quote:
the school safety officers


The nurse conducted this search.

quote:
the students already go through metal detectors.


There was no metal detector in this case.
 
Posts: 539 | Location: Blackacre | Registered: April 29, 2008Reply With QuoteEdit or Delete MessageReport This Post
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Picture of signalhill323
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Unacceptable. No reasonable student would expect a strip search at school. Show me where it states that the school has the right to have students expose their genitalia during a drug search. She was a student and should be treated with some modicum of dignity, not a prisoner in some penitentiary! Further, she wasn't even an adult, but a 13 year old!

This final comment by the school is most distressing. It assumes guilt (even implies it!) over presumed innocence first.

Quote from article: “Her assertion should not be misread to infer that she never broke school rules,” the district said of Ms. Redding in a brief, “only that she was never caught.”"

I hope that the lawsuit goes well for the Reddings.


"Knowing is not enough, you must apply; willing is not enough, you must do." - Bruce Lee
 
Posts: 1842 | Location: Signal Hill, CA | Registered: April 26, 2007Reply With QuoteEdit or Delete MessageReport This Post
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Picture of Felix01
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No strip searches w/o probable cause and a juvenile peer "tip" certainly doesn't pass muster. But the school has the obligation to follow up on the allegation and involve the parents and maybe even the police depending upon the circumstances.

OTOH, there's always two sides to a story so I'm sure there's a lot more to this than the Cliff Notes summary above. It's pretty hard for me to believe the principal would authorize such an invasion of privacy unless other circumstantial evidence pointed to the likelihood that it was true. But even then, conduct of a strip search is a matter for the police...not just someone on the school staff.
 
Posts: 126 | Location: Texas | Registered: February 09, 2009Reply With QuoteEdit or Delete MessageReport This Post
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I hope the ALCU is in this fight.

And even if she had advil on her, BFD.


-Jeff
 
Posts: 179 | Location: Destin, FL | Registered: February 20, 2009Reply With QuoteEdit or Delete MessageReport This Post
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